Supporting Domestic Helpers Facing Bad Situations

When a helper in Hong Kong shares personal details of bad situations, we must be humane and supportive. It is crucial to meet the basic needs of domestic helpers, such as providing a clean and comfortable room, ensuring they have enough food, and allowing them to stay connected with their loved ones back home. Try to devote some time to discussing her situation in detail. It is also essential to set clear expectations for domestic helpers to help them settle in and understand household routines. It’s always important to give her the possibility to explain any concern. If you feel that she genuinely needs help, advise her to get in touch with associations that strive for the cause of domestic helpers or any other authority concerned, depending upon her problem and requirement for assistance.

Justice Centre and Help for domestics workers strongly support any domestic helper in Hong Kong.

How can I help a domestic helper who shares that she is not being paid or is living under bad conditions in her current role?

Before taking any legal action against an employer, a domestic helper must discuss with him. Legal action must be only the last solution. As soon as legal action starts, the relationship with the employer will be broken, and the consequences will probably be the termination of the contract. In Hong Kong, getting on-time salary payment and enough privacy are fundamental rights for a worker. Effective communication will help to solve issues related to household chores and other responsibilities. Open communication is crucial for resolving conflicts and ensuring that the helper's concerns are heard and addressed.

• Helper must remind that she needs to get salary payment in order to transfer the money to her family. As the breadwinner of the family, a lot of members rely on her.

• If the living conditions are bad, the helper must explain her frustration. Due to cultural differences, small living accommodations, and miscommunications, employers are sometimes not able to understand her mind.

If the helper cannot resolve the conflict, the next stage will be to make a formal complaint.

According to the law, an employer must compensate his worker within 7 days from the due date of the payment specified in the contract. However, if the helper is not paid for her work within one month from the due date, let her know that she could deem herself to have been dismissed by the employer without notice. In this situation, she must immediately contact the labour department.

Based on the employment contract, each employer must provide free, suitable, and furnished accommodation with reasonable privacy. If a helper is sadly not getting this basic privacy, she can report this to the Immigration Department in writing.

I met a helper who is pregnant and being fired, what can I do to help?

Most of the time, employers are panicking when a helper is pregnant! Treating foreign domestic workers with respect and understanding is crucial, especially in challenging situations such as pregnancy. Employers facing this situation know that the domestic helper won’t be able to take care of them during the maternity leave (helper is eligible for 10 weeks paid leave). Please explain to her that it is not legal to fire a helper due to pregnancy. Employers must be supportive. Pregnancy discrimination is a serious offense, and legal action will protect her.

You can also recommend PathFinders, a charity organization for support. PathFinders works with migrant pregnant women and offers assistance to provide them access to the social and health welfare services for which they are eligible.

How do I respond if a domestic helper asks to borrow money due to bad situations?

Due to unethical domestic helper agencies or family needs, many helpers are under financial pressure and need to get a loan. Have a friendly chat and find out her financial needs; does she have debt and is under pressure from loan sharks? Understand her motives for overworking, such as the need for more money, and share your concerns. Educate your helper about the risk of getting loans.

Lending a small amount is okay, perhaps one or two month's salary, but do not risk yourself by trusting too much. Let her know that she should deal with her finances responsibly. You can also ask her to contact non-profits such as Enrich or Uplifter for financial guidance and to learn how to manage their money.

What advice can I give if a helper is not getting enough food or other basic needs?

The employer should provide sufficient food that meets reasonable quality standards. According to clause 5(b) of the Standard Employment Contract, the employer should provide the helper with free food or a food allowance (HK$1,236 per month).

Most of the time, employers share food with helpers. If the food is not enough or if the helper doesn't like the food due to a cultural difference, one option is to ask to receive a food allowance. The food allowance will allow the helper to buy her own food. If the issue persists, legal action is possible, and the best way is to ask her to submit her case to the labour department.

How to support a helper who isn't getting a weekly day off

Most of the helpers are working more than 12 hours per day. Rest day is important to recharge! According to the law, domestic helpers should get a 24-hour day off. Except in unforeseen emergencies, the employer cannot force the helper to work on her rest day. It's always embarrassing for a helper to claim that she needs her rest day.

One option is to get the empathy of the employer, she need to explain that she really like her job but that she is exhausted, the rest day will allow her to continue to work for long term. The second option can be to ask to a domestic helper agency to explain the situation to the employer. The last option will be the legal way, you can ask the helper to notify the labour department in writing if she is forced to work on rest days.