Hong Kong is a prominent destination country for female migrants working as domestic workers or so-called ‘helpers’. Migrants mainly come from the Philippines, Indonesia, Thailand, India and Sri Lanka.
There are five common problems associated directly with the recruitment process of labour migrants to Hong Kong: First, it has been reported that often information provided by recruitment agencies is wrong or outdated. In addition, they charge labour migrants exorbitant costs that are far beyond the maximum of 10 percent of the first wage . They do this by charging additional illegal costs or by using different labels for the individual fees . This can lead to debt bondage, forced labour and increased vulnerability of exploitation, which is can be linked to human trafficking. This is exacerbated by illegal confiscation of passports and other employment and travel documents. Fines against recruitment agencies for illegal methods are seen as too low to really end harmful practices. Another common problem related to recruitment and early employment termination, which happens frequently, is the obligation for domestic workers to find new employment within two weeks or leave Hong Kong, which puts them under enormous pressure and increases their vulnerability.
Besides recruitment-related problems, labour migrants to Hong Kong frequently face other employment-related issues abroad. Many labour migrants, especially domestic workers, report that they perform duties beyond their contracts, work overtime and do not get adequate rest or holidays, which is exacerbated by the fact that by law no standard or maximum working hours are defined in Hong Kong. Furthermore, long hours can be attributed to the ‘live-in requirement’: domestic workers need to live with their employers by law. As a consequence, the line between working hours and free time is blurred, they face a lack of privacy (often they do not have their own room, but need to share it with other family members of the employer), and they live an isolated life. This can limit their mobility and cause difficulties in accessing help in case of abuse and exploitation.
The situation of domestic workers in Hong Kong is perceived as so bad that both the Philippines and Indonesia have introduced (temporary) bans on labour migration for domestic work to Hong Kong. While the Filipino ban has been abolished again, the Indonesian one is technically still in place, but not applied anymore. Such bans are associated with an increase in irregular migration.
Hong Kong is being criticised for not doing enough to protect migrant workers, especially female helpers, from abuse and exploitation despite the fact that some legal provisions regarding the issue are officially in place. Liang (2016) argues that Hong Kong’s immigration policies exclude helpers, which increases their vulnerability to exploitation. They are for instance –unlike other migrant groups- not allowed to apply for permanent residence or to bring their families. In addition, their minimum wage is half the minimum wage of other workers. Problems regarding the recruitment of migrant workers are exacerbated by conflicting and contradicting policies and regulations in the origin and destination country.
Find out more about the degree of respect for workers rights in this country based on ITUC Global Rights Index here.