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abused helper

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ORIGINAL POST
Posted by leftfootvolley 16 yrs 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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COMMENTS
leftfootvolley 16 yrs 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

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punter 16 yrs 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.

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leftfootvolley 16 yrs 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

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hkwatcher 16 yrs 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.

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aileen82 16 yrs ago
Posted by dadda (47 days ago)


[ Message | Report Abuse ]


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)


Find what you are after in our Hong Kong A-Z Directory


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dhelper 16 yrs 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).

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dhelper 16 yrs 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.

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sister 16 yrs 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.

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Puti 16 yrs ago
I suggest Read More

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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