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| L to R: Josua Mata, Shiella Estrada and Fernando Cheung: They all urged for tougher action against errant agencies |
By Vir B. Lumicao
Labor leaders are urging the Philippine and Hong Kong governments to do more to protect foreign
domestic workers from excessive agency fees and other forms of exploitation.
The statements were made during the launch on Oct. 30 of “Between
a Rock and a Hard Place,” a research on Filipina helpers who were victims of
illegal fees and abusive employers.
A documentary film on the report was also shown at the event
held at the Hong Kong Teachers’ Union in Yau
Ma Tei, and attended by about 100 workers, supporters and media people.
The research, made jointly by the Progressive Labor Union of
Domestic Workers in Hong Kong, or PLU, and Hong Kong Federation of Domestic
Workers, or FADWU, involved in-depth interviews with 68 helpers who were victimized
by agencies in the Philippines
and in the territory.
“Our research clearly demonstrates that a significant number
of agencies are systematically charging Filipino migrant domestic workers fees
well in excess of the legal maximum. Yet, very few are ever charged in the Philippines or Hong Kong ,”
said Shiella Estrada, chair of PLU, which published the report.
The PLU said 84% of the Filipina helpers interviewed paid an
average of Php52,644 in fees to Philippine agencies despite a government ban on
placement fees. The agencies also forced experienced workers to undergo
training for bigger profits, Estrada said.
Norma Muico from Rights Exposure who headed the PLU research
said that despite claims of protecting the workers’ rights, the Philippine and Hong Kong governments have “failed to adequately monitor,
prosecute and punish agencies that act illegally.”
She said that for 2014 and 2015, the HK Labour Department
secured only 10 convictions for overcharging, and the agencies found guilty of
excessive fee collection and unlicensed operation were fined only $1,500 to
$45,000.
LegCo member Fernando Cheung said the corruption in the
recruitment trade seen 20 years ago is still “widespread…with blatant violation
of the law in placement, inspections, and importation of migrant workers.”
He said even those recruited in Hong Kong who choose to exit
to Macau are charged excessive fees. He rued the
exploitation of migrant workers by employers and agencies, saying that despite
the disrepute that the Erwiana case brought upon Hong Kong ,
its people still treat migrant workers inhumanely.
“Without public concern and without sufficient pressure, we
will continue to see these problems. So I think we really have to find ways to
mount a social movement. It is not only changing or amending the law, one way
to crack the nut is to press the government to exercise what it has to do and
go after these employment agencies… and charge them according to the law,”
Cheung said.
Josua Mata from SENTRO said the workers should unionize so
they are better protected.
“Unless they unionize, domestic workers cannot really access
all the rights that even legislation cannot give them,” he said.
He also said China
should ratify ILO Convention 189 on decent work for domestic helpers so Hong Kong is also bound by it.
Claire Hobden from the ILO Decent Work for Domestic Workers
unit said only 10% of the world’s domestic workers enjoy full labor protection,
and “yet they work the longest hours without sitting down to rest”.
“Of the 67 million domestic workers worldwide, 11 million
are migrants and 20% of these migrant domestic workers are in East
Asia . Yet Asia is a region where
domestic helpers enjoy little protection,” Hobden said.
Also present were LegCo member Leung Kwok-heung and former
legislators Lee Cheuk-yan and Emily Lau.
