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abused helper
Posted by leftfootvolley (145 days ago)
hi i have a filipino friend who is a domestic helper in north point.
she has been only getting 1 day off a month until just recently...as i convinced her that she should confront het employer...she now gets 3 days off a month only because her employer believes she is attending a course..at the end of next month she will revert to 1 day off again.
she is also not eating properly...as she said they are not buying enough food for her...shes also working sometimes to 11.30 in the evening as there are 2 kids.
apparently her boss's sister owns the agency that bought her over here.
basically she is scared to say anything for fear of losing her job...but wants to find another job
i was trying to find out wether there was any maids workers union here that could help or advise her.
ive googled it but nothing concrete comes up...does anyone know of any group that can help...thanks
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Posted by dadda (144 days ago)
our helper voluntarily starts work at 6am daily. This morning she was ironing at 6am, after cleanng the floors. We do not ask her to do this. Where we live (over 300 apartments) I regularly go to th carpark before 6am & see at least 15 helpers washing cars at that time. I also see many helpers when I get home after 11pm washing cars. When I go running in the morning I see many helpers walking dogs at 5:30am.
Our helper had last Sunday off but went down to wash one of our cars before she left - as she said she had not washed for a few days.
Our neighbour gives her helper HK$9000 p/m, a television, cable TV, laptop & internet access. That helper compained to our friend last week that her daughter is being "abused" as only gets HK$4200 p/m, NO television, internet or cable (Gosh, the horror) and ONLY 1 day off per week.
There are some horror stories out there, but there are also some helpers who want to be treated like the 'lucky few' and complain about everything. If life is that tough I would suggest she goes home to her luxury life in the Philippines.
Also - if I was starving for food and my employer was not feeding me well I would use some of my money to buy additional food. That appears to be a no brainer...
Posted by 0ze_Kid (144 days ago)
dadda - I think you are being a little rough. This looks like a genuine case of someone looking for a way out. Yes many helpers have it programmed to complain in order to get more and more but many just want a decent job to get by on and support their family. No different than you or I I hope.
Sorry OP, I am not aware of a union. Have you approached the consulate maybe (without mentioning names). They may provide some assistance.
Posted by dadda (144 days ago)
I just got a private email from the original poster calling me a 'Moron'.
OP only wants nice/feel good posts, otherwise will attack you. Beware the OP
Posted by leftfootvolley (144 days ago)
sensible replies to this topic please
this is a genuine situation
ad i dont really need moronic preaching like im getting from the person aboe..obviously has nothing better to do.
all i need to know is if anyone has a tel number for a union or group that looks after domestic helpers interests....thanks
Posted by beancurd (144 days ago)
Leftfootvolley,
Many helpers are suffering worst than you said.
We would like to help but If I am the helper, better finish the contract then after that, she can choose the employer that can give her a weekly day off.
This is really a minor problem, the employer must pay her extra for the Sunday that she did not go out, if not, then the helper can show the contract that she is entitled for one day off in a week. About the food, just buy her own food. She has to eat properly in order to have energy to work.
Even the maid's group cannot help her situation because if the helper upset the employer, she might give her more hard time, if she break the contract, then she cannot support her family back to Phils. Just be patient and 2 years is not so long.
Posted by punter (144 days ago)
It all depends on the helper herself. Just "educate" her on her options and let her decide.
If she wants to complain, help her write a letter of complaint to the immigration and Labour department. If she can "bear" this difficulty she's currently having, then let her continue working in this environment.
Posted by leftfootvolley (144 days ago)
yes thanks i understand that
yes im trying to educate her to be a bit stronger and stand up for her rights
but obviously she is scared of her emploer and afraid of losing her job..not easy for them to get a new contract if they break an existing one.
thanks for the reply
Posted by Salvatore Femme (144 days ago)
I think that the rights things to do, teach her more about her rights in Hong Kong and also don't forget to educate them about the moral as well...
I found out that not little from them also pretending so naive and innocent in front of others but "playing dirty games" behind...
Study the case well before judge other side.
In my church before we had one agency who always make the DH worked for underpaid, did I scared to tell the fact that I could report her agency to Consulate and warned her? No.. ! So if you want to help her and help her.. show it in actions are much much better way to do.. Good Luck!
Posted by hkwatcher (143 days ago)
The DH in question has a couple of options.
She can give 30 days notice to the employer and within those 30 days find a new employer or she can quit outright and make a case against them at the Labour Dept. However. without any evidence and the fact that the case will take up to 2-3 months to come to trial, her best option is to give 30 days notice and look for a job in the meantime.
However, I wish to give you a small piece of advice, you do not know both sides of this story and need to beware that you may not be getting the whole picutre. For example, this girl may be receiving extra salary for her days off. I am not making a case against her, but plese know that there are 2 sides to every story.
Posted by aileen82 (142 days ago)
Posted by dadda (47 days ago)
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Hi,
my wife is owed in excess of HK$1.5mln from her ex for child support. HK$1mln was put on a payment plan by a family court judge and he agreed to 6 monthly payments for 10 years to pay off. The agreement was that if he did not make these payments on time the entire debt would becoem due with immediate effect.
The dog continues to not pay child suport & is not making the debt payments either.
It is now time to instigate bankruptcy proceedings against him but would like to send a lawyers letter advising the proceedings will start if arrears are not paid within 7 days.
we need to know if this can be done, and if so - what would the procedure/cost be?
Thank you in advance for any sensible advice.
(I am based in Hong Kong)
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Posted by dhelper (140 days ago)
The Immigration Department will exceptionally grant permission to change employer in Hong Kong without the DH returning to the country of origin in cases of maltreatment. Excessive working hours, denial of weekly rest days and inadequate food would make this such a case.
The DH could claim constructive dismissal and leave without notice and demand one month's salary in lieu of notice from the employer. Unfortunately, the ID's discretion in allowing her to change employer without returning to the country of origin may not be exercised if there is no evidence of mistreatment. In order to guarantee that they will exercise their discretion in her favour, she may need to go through a drawn-out process at the Labour Department/Tribunal to get an award in her favour.
This means that if she wants to change employer without going to the Labour Tribunal, she is probably going to have to return home to wait for her new visa. This may mean that she pays several months' salary to an agent. The situation is extremely unfair.
If she wants advice, please refer her to Helpers for Domestic Helpers (2523 4020) or the Domestic Helper and Migrant Worker Programme (2739 6193).
Posted by dhelper (140 days ago)
p.s. She should be advised that she will not be permitted to work while processing her LT case, which may take 3> months.
Posted by sister (140 days ago)
leftfootvolley, you are right to try and help your friend get out of her situation. Indeed, try contacting the organizations mentioned. It is not a solution to simply pay more out of her own pocket, and sacrifice yourself. These are basic, and very minimal rights, that she is being deprived of. More likely than not, your friend has paid a large amount of agency fee in order to come to HK to work. ANother way could be, she should try to gather concrete evidence of her employer's illegal actions. She can start writing in a diary of all the things that have happened, record conversations, take photos, whatever necessary. This at least evens out the power balance. Of course the helper is afraid of being sent back to her country, and this is why in HK it is utterly laughable that any employer speaks of 'protecting employers from the helpers'. The 'abuse' suffered by any employer is hardly anything compared to the everyday abuses and restrictions faced by helpers afraid of losing their jobs, their huge agency fees paid, and of being sent back.
Posted by Puti (138 days ago)
I suggest http://www.helpersfordomestichelpers.org/
They are a non-profit organisation working out of St Johns Cathedral in Central. They have volunteer lawyers on staff and can guide and assist the helper in every stage of their journey.
We had the pleasure to work with them a little last year (sorting out our helper problems) and found them to be fair, knowledgable, caring and available.
They are there to be on the side of the helper.
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