The SUN HK : Filcom urged to express opposition to job-hopping measure

By The SUN

I have always been with you on this, Congen Tejada tells the community

Consul General Raly Tejada has made an impassioned plea to the Filipino community to express disapproval over a proposal by the Hong Kong Labour Department to effectively legislate the so-called “job hopping” by foreign domestic workers.

“Please participate. Huwag po nating sayangin yung pagkakataon na maipaabot po natin ang ating saloobin,” he said. (Let’s not waste the chance to relay our concerns)

He made his call during a Filcom meeting at the Consulate today (Sunday), the first since the pandemic swept across the city. Key officials from the Philippines’ Department of Migrant Workers joined him at the forum to respond to questions from community leaders.

PINDUTIN PARA SA DETALYE!

Congen Tejada said all members of the community should make their views known during the ongoing public consultation on amending the Code of Practice for Employment Agencies to include job-hopping.

“Let’s flood the public consultation with our voice. Kung hindi pa sila makinig, hindi po ba? (that should force them to listen to us)”, he said. “If we lose this chance, ano na ang mangyayari sa atin (what would happen to us)?”

He said everyone could just go to the website set up for the public consultation and send an email simply saying “I do not agree”. That should only take about five minutes, he said.

“211,000 tayo, what is 190,000 na domestic workers? That is a lot of people, baka mag crash ang kanilang website.” (There are 211,000 of us, while there are only 190,000 domestic workers. That is a lot of people, their website might even crash).

Pindutin para sa detalye

He was emphatic in assuring the leaders that he is with them in opposing the plan to include in the CoP a provision requiring employment agencies to warn FDWs against job-hopping, and inform employers about refunding fees or giving them a replacement helper.

“A hundred percent I am with you, I have never wavered,” he said, prompting the audience to clap their hands in approval.

What prompted his response was a question from a Gabriela Hong Kong leader who asked if the Consulate was ready to come out with a public statement expressing support for the workers’ opposition to the plan.

PINDUTIN PARA SA DETALYE

“Why not? Why will I not support you? I will do it on my own terms but you cannot tell me what to write ha?,” he replied, obviously irked.

He later tempered this by saying “Sorry, I am being too passionate, but I’m with you, don’t worry about it. Don’t doubt it for a second, please.”

He had previously rejected suggestions from militant leaders in the community that the Consulate was keeping quiet on the issue so as not to create a diplomatic ripple.

PINDUTIN PARA SA DETALYE

He said that during his talks with Hong Kong’s Secretary for Labour Chris Sun, he has always argued that migrant workers have the right to change employers, so that should not be seen as job-hopping.

“Lagi po naming sinasabi na ang ating mga workers hindi lilipat kung walang abuse, walang non-payment of salaries…kung hindi kaaya-aya ang working conditions kami po ang mauuna na magsabi, iwan na ninyo ang employers ninyo,” he said.

(We often say our workers will not change jobs if there is no abuse, no non-payment of salaries…if the working conditions are oppressive we will be the first to tell you to leave your employers).

BOOK YOUR FLIGHTS NOW! PRESS FOR DETAILS

Sun’s response was an assurance that there is no sweeping policy to reject all applications for a change of employer by terminated workers, meaning they make a decision on a case-to-case basis.

Thus, he said the workers should learn how to justify their application for a change of employers without having to leave Hong Kong. They could do this by documenting any case of abuse or contract violation in a diary, or if the case is serious, to go to the police.

The assistance to nationals section of the Consulate or the Office of Migrant Workers could help by helping them draft an affidavit that would explain why their contracts were terminated, or why they decided to leave.

PINDUTIN PARA SA DETALYE

The proposed amendments to the CoP, issued by the Labour Department to regulate employment agency operations, can be found here: https://www.eaa.labour.gov.hk/en/copconsultation2023.html

The major proposals include, among others, requiring EAs to set out in the service agreement the amount of fees charged for each category of services to enhance transparency and protect consumers; explaining clearly to foreign domestic helper (FDH) job seekers that under the prevailing policy, an application for change of an employer in Hong Kong within the two-year contract period will normally not be approved save for the exceptional circumstances, such that FDHs would understand the consequence of 'job hopping'; and EAs should not provide monetary incentives to FDHs in employment to induce the latter to terminate their contracts prematurely.”

Another proposal is to require EAs to divulge whether they have association with and are sharing the same premises with any financial institutions, so as to prevent EAs from colluding with financial institutions to arrange FDHs to take out loans.

As recommended by the Office of The Ombudsman, Labour also proposes to require EAs to provide basic information on boarding facilities for their FDH job seekers.

The public consultation will last until May 15. Those who wish to send in their views and suggestions may send an email to to eaa-consultation@labour.gov.hk , by fax to 2115 3756 or by mail to: Employment Agencies Administration, Labour Department Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.