Domestic helpers urged to report racial discrimination

Equal Opportunities Commission

THE government’s Equal Opportunities Commission (EOC) has reminded foreign domestic workers that they can file a complaint if they fall victim to racial discrimination.

In a statement, the EOC said the Hong Kong Government has fixed a minimum allowable wage for foreign domestic workers, and it is an offence for an employer to pay her/his domestic worker below the minimum wage.

“A foreign domestic worker can lodge a complaint to the Labour Department if she/he receives less than the statutory minimum wage,” the EOC said.

It said Hong Kong’s Race Discrimination Ordinance (RDO) also prohibits discrimination based on race, colour, and descent, as well as national and ethnic origin.

“A person may claim discrimination under the RDO if she/he is treated less favorably because of her/his race. Therefore, an employer should not pay a worker of a particular race less than another worker of a different race,” the EOC said.

It said other entitlements such as rest days, annual leave, and statutory holidays are also covered by the Employment Ordinance, which is applicable to all workers in Hong Kong, including foreign domestic workers.

“Therefore, it is unlawful for employers to grant different employment benefits to their workers based on the race,” the EOC said.

It said the RDO also prohibits racial harassment or any unwelcome conduct towards another person on the ground of his or her race.

There are two types of racial harassment: unwelcome conduct harassment and hostile environment harassment.

“The RDO prohibits an employer (and in a domestic worker’s case, other household members) from engaging in unwelcome conduct on the ground of the employee’s race,” the EOC said.

It said examples of unwelcome conduct harassment include: oral or a written statement containing racially derogatory remarks or insults; or racial jokes, banter, ridicule or taunts.

It added that the RDO also prohibits an employer, alone or together with other persons, from engaging in conduct which may create an environment that intimidates employees including domestic workers “on the ground of her/his race.”

“For instance, an employer allows other household members to put up a poster or newspaper clipping which contains derogatory remarks about the domestic worker’s race,” the EOC said.

“This could make the domestic worker feel offended or intimidated even though the employer or the household members did not intend to offend or intimidate their worker,” it added.

The EOC said the RDO allows employers to select their domestic worker based on their race but it is unlawful for an employer to terminate her/his foreign domestic worker’s contract based on the worker’s race.

“If you have experienced discrimination or harassment, we suggest you to tell the discriminator/harasser to stop,” the commission said.

“Speak to your employer if the discriminator or harasser is not your employer and always record the incidents and content of the conversations which took place regarding the discrimination and/or harassment,” it added.

For more information on the EOC, the anti-discrimination laws, and how to lodge a complaint to the EOC in Tagalog, please visit: http://www.eoc.org.hk/eoc/GraphicsFolder/tagalog.html.

You can also contact the OEC thru its hotline (2511 8211) or email (eoc@eoc.org.hk) for assistance.

“We can also provide you with an interpreter upon request, subject to availability of the interpreter. The Equal Opportunities Commission is set up to protect you!” it added.