Class suit eyed for regulated FDH working hours

Villanueva

FILIPINO domestic workers are planning to take legal action should the Hong Kong government exclude them from any regulation that would standardize working hours in the territory.

On the sidelines of the 18th anniversary celebration of the Filipino Migrant Workers’ Union (FMWU) on October 9, Eman Villanueva told Hong Kong News that they were not ruling out filing a class suit or seeking a judicial review if the Hong Kong government does not include foreign domestic workers in standardizing working hours in the city.

“Ito nakikita namin dito na medyo mabigat at mahabang laban pa ito. Siyempre hindi lang ang kalaban dito ang employers, ang number one na kalaban dito ay ang Hong Kong government,” Villanueva said.

“Ang nase-sense namin ay ayaw talaga nilang isama ang mga migrant domestic workers…Kung sakaling i-exclude nila ang migrant domestic workers, hindi namin inaalis ang posibilidad na mag-take din ng legal action kung sakaling darating sa ganoong punto,” he said.

Villanueva said the Hong Kong government had been saying that standardizing working hours for employees and workers here would erode the city’s competitiveness.

This fear, he said, is unfounded as other cities that set shorter working hours for their employees and workers have remained competitive.

Hong Kong has wrapped up its three-month public consultation on standard working hours in August.

According to the UBS’ annual “Prices and Earnings” study, workers in Hong Kong spent 50.11 hours a week at the workplace, the longest hours out of the 71 global cities included in the poll.

Many foreign domestic workers have been complaining that they work between 12 and 18 hours a day to serve their employers.

Villanueva said if a law will be enacted to standardize working hours in the city, then they could seek a judicial review.

“If it’s a law, [then kailangan linawin] kung ang exclusion [ng foreign domestic workers] ba ay unconstitutional. Kung mae-exclude kami, iyon ang isang aaralin at ikokunsulta sa legal experts,” Villanueva said.

“Pwede kasing violation iyon ng Basic Law or international conventions kung saan ang Hong Kong ay signatory. Ang isang halimbawang nakikita namin diyan ay ang ILO (International Labour Organization) Convention no. 97 na nagsasabi na parehas dapat ang treatment sa lokal at migranteng manggagawa,” he added.

Lee Cheuk Yan, General Secretary of the Hong Kong Confederation of Trade Unions, expressed his support for the bid of Filipino domestic workers to be included in the standardization of working hours.

“For many domestic workers [here], you toil for many hours per day, some for 16 to 18 hours. You are what we call on 24-hour call. Is that fair? No, and so what we are seeking is that there should be a balance for all workers – to have one [standard] for local workers and domestic workers,” Lee told Filipino migrants during the FMWU anniversary program.

He added that the HKCTU has been supporting the FMWU’s bid for decent wages and decent working hours.

“Some people [would] always attack me by saying ‘Oh, Lee is supporting the domestic workers against the employers’. But I only say one word and that is fairness,” he said.

“Everyone should have a decent wage for one day of hard work..We support you in your fight for decent pay and now we are talking about working hours regulation and we hope that all workers in Hong Kong should have working hours regulation including domestic workers…you should have some time free for yourself. That is only fair,” Lee added.