The Hong Kong Labour Department has issued a warning to employers against dismissing their foreign domestic helpers (FDH) if they test positive for COVID-19. Employers who dismiss their FDH risk facing a HK$ 100,000 fine and being banned from hiring a new FDH. The Labour Department stance comes after several requests from helpers who were thrown out or terminated once they tested positive for COVID-19.
Under Hong Kong’s Employment Ordinance, FDHs enjoy the same legal protections as local employees. Additionally, they are further entitled to the rights and benefits specified in their standard employment contract.
Under the EO, an employer is prohibited from terminating the contract of employment of an employee on their paid sick day, except in the case of severe misconduct. Employers may also be in breach of the Disability Discrimination Ordinance if they dismiss their helpers because of their infection. Any employer who breaks the law is liable to prosecution and, upon conviction, to a maximum fine of HK$ 100,000. Additionally, they will not be considered eligible to employ an FDH and any visa application will be refused, according to the Department.
Foreign Domestic Helpers are the backbone of many working families in Hong Kong with around 400,000 in the city though the number has declined in recent years owing to the pandemic. “Foreign domestic workers assist families of Hong Kong and their contribution to Hong Kong is significant,” a department spokesperson said.
“We must strengthen support and protection for foreign domestic workers to maintain Hong Kong as an attractive place for helpers to work,” added the spokesperson. If an FDH tests positive, their employer should grant their helper sick leave and sickness allowance along with free and suitable accommodation and access to medical treatment.
Any helper dismissed by their employer because of their COVID-19 status may approach the department for assistance at 2157 9537
Paul Arkwright
Publisher
