RCHs are inspected regularly to ensure the rights of imported carers are protected, says Sun (Caritas photo) |
Hong Kong’s Secretary for Labour and Welfare Chris Sun has sought to allay fears that imported care workers are being taken advantage of by the residential care homes that hired them.
Legislator Luk Chung-hung raised concerns about the
working conditions of the non-local care workers during a question-and-answer
question at the Legislative Council yesterday, Wednesday.
Specifically, Luk asked whether the workers who were
brought in from the Mainland under the Supplementary Labour Scheme are being
made to sign dual contracts so part of their salary is deducted illegally each
month, that they are not paid the legal rate for overtime work, that they are not
given housing allowance, and that they are given work outside of their scope
of duties, including working as substitute
staff on rest days.
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The questions are seen to have far-reaching
implications, especially as Hong Kong is poised to hire 3,000 more caregivers
from overseas, to supplement the nearly 4,000 workers hired from the Mainland that are
already in the city.
In his reply, Sun said the government attaches great
importance to protecting the rights of imported workers, including those hired
under the SLS.
“Imported workers enjoy the same protection as local
workers under Hong Kong's labour laws, including the protection on payment of
wages and restrictions on deduction of wages under the Employment Ordinance
(EO),” said Sun in his reply.
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“In addition, imported workers and employers must
sign a Standard Employment Contract (SEC) prescribed under the SLS to further
protect the employment rights and benefits of imported workers.”
The SEC requires employers to pay wages to each
imported worker by auto-pay and get them to attend briefings by the LD so they
will fully understand their employment rights and benefits, as well as the
channels for seeking redress and making complaints.
Sun said labour officers carry out regular
inspections of workplaces and accommodations provided by employers, and have
issued written warnings each year to violators. In 2020, 35 such warnings were
issued, 48 in 2021 and 50 last year.
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Six employers were meted administrative sanctions,
including one employer of a care home for the elderly, after being convicted of
violating the Immigration Ordinance, Employees’ Compensation Ordinance or the
Employment Ordinance.
The sanctions included the withdrawal of valid
approvals for the offending employers to import workers, and banning them from
participating in the SLS for two years.
During the inspections, some of the imported workers
were interviewed directly to check whether there was any violation of their employment rights, and encouraged them to express their views or lodge complaints
if they had been treated wrongly.
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The inspectors also provided the imported workers
with information cards listing down their employment rights, along with the
hotlines of the LD, the Immigration Department, the HK Police and the Mandatory
Provident Fund Schemes Authority, which they can call as needed.
Sun also disclosed that a total of 1,601 care
workers were imported under the SLS in 2020, 1,699 in 2021, and 3,721 last
year, amid a surge in demand because of the pandemic.
“ The LD will continue to adopt a multi-pronged strategy,
including inspections, law enforcement, administrative sanction, education and
promotion, to protect the rights and benefits of imported workers,” said Sun.
PADALA NA! |