On March 30, 2023, China News Service reported that there are around 340,000 foreign domestic helpers in Hong Kong. During the pandemic, the employment relationship became tense due to changes in supply and demand, but it eased with the “return to normal” following the epidemic. However, controversies surrounding “job-hopping” have reignited tensions between both parties. Dozens of foreign domestic helpers held signs to protest outside the Hong Kong government building once morest the recent revision of the “Code of Practice for Employment Agencies” by the Hong Kong government, which stigmatizes early termination of employment contracts and switching employers of foreign domestic helpers as “jumping jobs.” The protesters claim that this labeling of normal resignation and job transfer behavior as negative is discriminatory and lacks restrictions on other foreigners in Hong Kong.
image source,China News Service
There are 340,000 foreign domestic helpers in Hong Kong. During the epidemic, the relationship between supply and demand has changed, which led to a tense employment relationship. After that, it eased with the “return to normal” following the epidemic. However, the “job-hopping” controversy has once once more provoked both parties Sensitive nerves.
“Jumping is a myth”, “Stop the stigma, don’t discriminate”, “Stop violence once morest women”—dozens of foreign domestic helpers (FDHs) held signs to petition outside the Hong Kong government building.
They are dissatisfied with the recent revision of the “Code of Practice for Employment Agencies” by the Hong Kong government, which “stigmatizes” the early termination of employment contracts and switching employers of foreign domestic helpers as “jumping jobs”.
“Why does the government label normal resignation and job transfer behaviors as negative? There are no restrictions on other foreigners in Hong Kong, why are we the only ones punished?” Eni Lestari, chairman of the Hong Kong International Migrants Alliance (International Migrants Alliance), who is originally from Indonesia Speaking to BBC Chinese.
Almost all foreign domestic helpers in Hong Kong are women. They account for regarding 10% of the total labor force. Among them, 56% are from the Philippines, and regarding 40% are from Indonesia. They serve more than 300,000 families at the same time. an integral part”.
According to the “Standard Employment Contract” established by the Hong Kong Immigration Department, the contract period for foreign domestic helpers is two years. During the COVID-19 pandemic, due to the closure of cities around the world, the reduction of flights, and the implementation of strict quarantine measures in Hong Kong, the supply of foreign domestic helpers has exceeded demand.
high agency fees
The median monthly household income of Hong Kong households is HK$28,900, while the “mandated minimum wage” for foreign domestic helpers is HK$4,730 per month, which is not a large amount for most local families, but employers have to pay HK$10,000 to HK$20,000 in advance Agency fees and air ticket costs, foreign domestic helpers “jumping jobs” means paying high fees to hire new people in a short period of time.
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Hundreds of thousands of foreign domestic helpers play an irreplaceable role in Hong Kong society.
Yung Ma Shaner, chairman of the Hong Kong Domestic Helpers Employers Association, told BBC Chinese that during the epidemic, many employers asked for help, pointing out that following 21 days of quarantine in Hong Kong, the foreign helpers quit their jobs within half a year. “If you sign the contract, you should guarantee to work for two years. I gave you so much money and spent a lot of time teaching you how to do things, but you come and leave as soon as you come, so who will compensate us?”
She pointed the finger at the “unscrupulous intermediaries” in the industry, pointing out that due to the shortage of foreign helpers during the epidemic, some intermediaries “have no workers on hand” and rely on the foreign helpers in the local market to break the contract halfway to get someone, so they use money to lure the foreign helpers to change jobs .
On March 15, the Hong Kong Labor Department put forward a number of suggestions for reviewing the “Code of Practice for Employment Agencies”, including stipulating that employment agencies should not use financial incentives and other business practices to induce working foreign domestic helpers to terminate their contracts early.
The authorities also suggested that employment agencies should be required to clearly explain the current policy to foreign domestic helpers who apply for a change of employer in Hong Kong during the two-year contract period, and will usually not be approved unless there are four reasons involved, including employer transfer , immigration, death or economic reasons to terminate the contract early, or there is evidence that the foreign domestic helper has been mistreated or exploited and other special reasons.
Rong Mashaner supports the government’s proposal, emphasizing that this is not an amendment to the regulations, but just reiterates the existing policy to the domestic helpers, “to protect the foreign helpers from being deceived by the intermediary, thinking that breaking the contract halfway has no consequences.”
Hong Kong foreign domestic helpers under the epidemic in Hong Kong: “They think we are virus carriers, but we are just victims”
Is it a crime to change jobs?
In the past, there were only two to three hundred cases of refusal of visas by the Immigration Department due to suspicion of foreign helpers “jumping jobs”. Authorities have cracked down hard and even increased fines. However, with the easing of the epidemic, the number of foreign domestic helpers has gradually recovered. According to officials from the Labor Department, complaints regarding “job skipping” have dropped by 70%.
Chen Dongfeng, representative of the foreign domestic helper agency and chairman of the Hong Kong Employment Association, revealed to BBC Chinese that during the epidemic period, a small number of foreign domestic helpers “raised their prices to sell”. After returning to normal, it was more difficult for them to change jobs and they became more willing to cooperate with their employers. “The arrogance of confrontation has decreased.” . He questioned that the current general environment has improved, and the government is still making a big fuss regarding minor problems that have arisen in extraordinary times. “Is it necessary to change policies for trivial matters, and hurt everyone’s peace?”
Chen said that he understands that local employers will feel inconvenienced and disturbed by the resignation of foreign helpers, but he thinks that many people have problems in their thinking. “You paid an intermediary fee of 20,000 yuan, and you can expect her (foreign domestic helper) to work for two years, but it does not mean that you have bought out her personal freedom for two years – you bought her following paying the money, which is “human trafficking.” ’ concept.”
He emphasized that there are costs for foreign domestic helpers to resign and change jobs. They have to return to their home countries first, and they will lose a month or two of salary. They also have to face the uncertainty of their new employers. They cannot be bought by an intermediary. , “Many of them are personality incompatibility with the employer, the working environment is not good, the work pressure is too high, etc. The reward of one or two thousand yuan from the intermediary will only have an effect on those who originally wanted to leave.”
He believes that it is unfair to attribute the phenomenon of “job skipping” to foreign domestic helpers or intermediaries, and employers are also responsible for reviewing the reasons. He pointed out that he has been working as an intermediary for many years, and found that more than half of the employers first look at appearance when hiring foreign helpers. may not be able to meet the employer’s job requirements.
“When there is a mismatch, it is necessary to admit the mistake and correct it, rather than simply and rudely saying that people “jump work” and ban it across the board, otherwise they will just make mistakes. Changing jobs is not necessarily a negative thing. I have seen many examples. She and her new employer are very satisfied, and the original employer has hired more suitable people, and in the end, all four aspects are happy.”
Eni Lestari, chairman of the Hong Kong International Migration Federation, also said, “No one wants to change jobs if they are happy.” He also emphasized that foreign domestic helpers should also enjoy the rights of Hong Kong workers. Even if some people terminate their contracts and change jobs, it is as normal as any workplace “Especially because we come from different cultural backgrounds and have to work in different families. Not everyone likes us.”
She pointed out that under the current system, foreign domestic helpers can only terminate the contract early under four conditions, including proving that they have been abused, but many things are difficult to prove. “If it’s verbal, emotional abuse, or a poor working environment where you’re required to work from 5am to 2am, how can we complain?”
She is worried that the authorities’ actions will exacerbate forced labor. Foreign domestic helpers are forced to stay in the homes of bad employers in order to complete the two-year contract. Do not turn over.” She questioned that Hong Kong is advertised as an international city and a free market, but foreign domestic helpers are restricted and “become slaves in this city.”
Scholars: The government should not provoke conflicts
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Some scholars believe that it is not appropriate for the government to intervene excessively in the issue of foreign domestic helpers changing jobs, and the market should be allowed to adjust itself.
The Hong Kong government has allowed the importation of foreign domestic helpers since 1973 to release the productivity of local women. At that time, the Philippines was in economic difficulties due to the global oil crisis. In order to reduce the unemployment rate of the country and earn foreign exchange, the local government relaxed the export of labor. Therefore, a large number of Filipino domestic helpers entered tens of millions of Hong Kong families. After 1997, the proportion of Indonesian foreign domestic helpers increased greatly. .
According to documents from the Hong Kong Legislative Council, regarding 44% of nuclear families with employed women and children employ foreign domestic helpers.
According to the analysis of a research report published by the Department of Sociology of Hong Kong Baptist University in 2021, families with foreign helpers can reduce the time spent on housework by up to 6.5 hours a week, while the time spent on childcare can increase by 3.4 hours, and the second birth The probability of conceiving is regarding 13% higher than that of couples who do not employ foreign domestic helpers.
“To put it bluntly, the Hong Kong government has failed to provide comprehensive childcare services and create a family-friendly employment environment. It has outsourced these responsibilities to foreign domestic helpers for many years.” Wu Fengchang, assistant professor of the Department of Asian and Policy Studies at the Education University of Hong Kong, told BBC Chinese explain.
She pointed out that when a foreign domestic helper stays at the employer’s home, the two parties are not a simple labor-management relationship, but half of the family. The current government is reviewing the policy with cold thinking, without taking into account the impact on the family atmosphere.
“The domestic helper is not happy, and everyone can’t get along. Terminating the contract would have solved the problem, but now everyone is forced to complete the two years. She (the foreign helper) lives like a year, and you (the employer) are worried that she will fire or accuse you of abusing her. All emotions are trapped at home, and the house in Hong Kong is so small, so the pressure explodes in the end, creating more social problems, which is not fair to the employer.”
She pointed out that if the foreign helper is not happy at work, she will leave the job following completing the two-year contract. “The employer will also spend another 10,000 to 20,000 yuan in agency fees to hire someone, so what is the difference?”
She believes that the government should not intervene too much, and should allow the market to adjust itself, especially because Hong Kong’s population is seriously aging, and more foreign domestic helpers will be relied on to take care of the work in the future. “The chief executive now says he wants to rob talents, but he sets the policy so tightly that foreign domestic helpers feel that Hong Kong is very unfriendly, and they may not be willing to come back in the future, and it will be self-defeating.”
The controversy surrounding the “job-hopping” of foreign domestic helpers (FDHs) in Hong Kong continues to stir emotions from both the employers and employees. While the Hong Kong government’s recent revision of the “Code of Practice for Employment Agencies” has been labelled as stigmatizing by FDHs, employers argue that it is a necessary step to protect their investments. However, amid the heated arguments, it is crucial to remember that FDHs play an irreplaceable role in Hong Kong society and deserve the same rights and freedoms as any other worker. It is also important to acknowledge that changing jobs is not necessarily a negative act and should not be attributed solely to foreign domestic helpers or intermediaries. As we move forward, it is crucial to find a solution that considers the needs and concerns of both parties and promotes equality and fairness for all.
