Jail, stiff fines in new bill vs erring employment agencies

Hong Kong legislators Lau Siu Lai (left) and Eddie Chu Hoi-dick (right) show their support for migrant domestic workers in the city.

IMPRISONMENT of up to three years and fine of $350,000 on erring employment agencies are among the amendments in a bill that the Hong Kong Labour Department seeks to introduce in the second quarter of the year.

Labour and Welfare Secretary Stephen Shui said a maximum fine of $350,000 and imprisonment for three years on employment agencies will be introduced in the amendment bill that will provide a legal basis for the Code of Practice for Employment Agencies.

The statement was made in a written reply on Feb. 15 following the question of LegCo member Andrew Wan regarding the protection of the labor rights and interests of foreign domestic helpers.

On January 13, 2017, the LD promulgated the Code of Practice, which highlights the salient legislative requirements and sets out minimum standards for employment agencies.

These standards include maintaining transparency in business operations, drawing up service agreements with job-seekers and with employers, providing payment receipts, promoting job-seekers’ and employers’ awareness of their rights and obligations (including provision of sample wage receipt to facilitate FDHs and their employers for record-keeping or perusal as when necessary) and avoiding involvement in financial affairs of job-seekers.

Meanwhile, Hong Kong lawmakers have vowed support to proposals of a group of migrant domestic workers to legislate stiffer fines on employment agencies that overcharge job-seekers.

Shiella Grace Estrada, chairperson of the Progressive Labor Union of Domestic Workers in Hong Kong, said the group met with six Hong Kong lawmakers on Feb. 21 and discussed their proposals.

She said they have been meeting with members of the Legislative Council since January about these proposals.

Estrada said the group told the lawmakers the present maximum fine of $50,00o on erring agencies should be increased to between $350,000 and $500,000.

“Iyong $50,000 na current [fine], madali lang iyon sa mga agency. Iyong dalawang agency nga na dinala namin sa court last year $9,000 at $30,000 lang ang penalty, which the union finds very, very low. Kung baga, isang worker lang ang magbayad sa kanila noon,” she told Hong Kong News.

Another proposal of the group is for the LD to put more staff and resources to better monitor the compliance of employment agencies with the code.

“They promised us that they will (take up our proposals) in their meeting. Sabi din ng mga LegCo member na nakausap namin na gagawin nilang mailatag lahat ng proposal ng unyon,” Estrada said.

“At happy ako last night na noong nanonood kami [ng LegCo meeting] na lahat ng nakausap naming LegCo member ay binanggit ang lahat ng proposal ng unyon,” she added.

Estrada said this was also the first time Hong Kong government and lawmakers promised to look into the conditions of other migrant domestic workers besides Filipinos and Indonesians.

“Mas maraming exploitation ang nangyayari sa kanila kasi ang Hong Kong government ay walang ginagawang participation para sa arrival orientation [of other migrant groups],” she said, citing cases of exploitation of migrant workers from Nepal.

Estrada said they also raised the issue of the lack of human trafficking laws in Hong Kong relating to forced labor of migrant domestic workers.

Lawmakers who met with Estrada’s group were Cheung Chiu-hung, Wan Siukin, Chu Hoi-dick, Lau Siu-lai, Leung Yiu-chung, and Tam Man-ho.

A study released in 2016 by NGO Justice Centre found 17 percent or one in six of migrant domestic workers in Hong Kong are in forced labor owing to unscrupulous practices of recruitment agencies, and the lack of adequate regulation and of stiffer penalties on the employment agencies.

The study also found that of the domestic workers in forced labor, one in seven or 14 percent were trafficked into it.

The Hong Kong government has  repeatedly denied the city is a “source, destination or transit area for human trafficking.”

Kevin Wong, vice-chairman of the Association of Hong Kong Manpower Agencies Ltd., previously told Hong Kong News they welcome the Code.

“This is very good for our industry. This time, the agents are reminded of these regulations. This time there will be more details,” Wong said.