The SUN HK : Migrants urge prosecution of employers who order unsafe window-cleaning

17 May 2023

Galan fell from an 18th floor flat in this residential block

A multi-ethnic group of foreign domestic workers has called on the Hong Kong government to impose criminal sanctions on employers who order their helpers to perform unsafe window-cleaning.

The Asian Migrants Coordinating Body issued the statement a day after Filipina domestic worker Jonalyn Galan fell to her death while cleaning windows from her employer’s 18^th floor flat in Manhattan Hill, Cheung Sha Wan.

In a separate statement, the Mission for Migrant Workers said the prohibition is not followed in many households, citing its own study that showed one out of 10 FDWs who sought their help last year had complained of being ordered to do unsafe window-cleaning.

PINDUTIN PARA SA DETALYE!

While the ban on unsafe window cleaning has been in force since January 2017, deaths continue to happen because employers who caused the violation are not prosecuted, said AMCB.

“The ban is not legally binding and this is endangering the lives of many migrant domestic workers,” said the group.

The prohibition states that employers cannot require their helpers to clean the outside part of windows unless it is located on the ground floor or adjacent to a safe part of a balcony or a common corridor.

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Otherwise, windows can only be cleaned from the outside if they are fitted with a locked grille and no part of the helper’s body extends beyond the ledge except the arms.

The AMCB also lashed out at the head of an employers group, Betty Yung, for making remarks that appeared to shift the blame over the accident on the helper. According to AMCB, Yung said “accidents could still occur when helper forgets the reminders and independently decided to clean windows while their employers are at work.”

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“This is victim-blaming and (what) a bad employer (will) use to hide wrongdoings and escape accountability,” said the AMCB in retaliation.

The Mission, meanwhile, stopped short of calling for the prosecution of errant employers, but urged the government to “seriously investigate” violations of the ban, and to warn employers of “serious consequences” if they commit any such violation.

Pindutin para sa detalye

The Mission also called on authorities to educate the public, particularly employers, about the dangers of window-cleaning, and to “put an end to victim-blaming.”

At the same time, migrant workers should be reminded of their right to reject orders or requests by their employers to do unsafe window cleaning. This should be done each time an employment contract is submitted to Immigration for approval, said the Mission.