This appendix contains additional and more specific comment on the the contract, the "two-week" rule and the "release letter."
COMMON MISCONCEPTIONS REGARDING THE CONTRACT
Some commentators, mostly from the employer's lobby, submit that the exclusion of minimum working hours is in line with similar contracts relating to local domestic workers.
This comparison is spurious as local helpers, if overworked or abused by their employers, are quite free to resign and take their labour elsewhere. They can also stay with their families while finding other employment.
Foreign domestic helpers, except under certain unspecified circumstances (which may form the basis of discretionary rulings on the part of the Director of Immigration) have no such right. They will have to rely on their friends or the missions for support, during any waiting time for a dispute to be resolved, and may not even take part time jobs.
Mindful of the possibility of unlawful conduct on the part of the employer, the standard contract specifically includes some safeguards where an employee may terminate the contract if:
"He/she reasonably fears physical danger by violence ..." or "he/she is subjected to
ill-treatment..." (Clause 12 and sub paragraphs.)
On the surface this clause would appear to offer some form of redress in the event of maltreatment or abuse. However, in practice the administrative policies of the Immigration Department ensure that helpers who wish to continue to earn a living in Hong Kong are effectively bound to an employer for the full period of two years.
Whether foreign helpers are unjustly terminated or they resign under the above Clause and are able to prove that the termination was unjust or that the fear of danger was reasonable (both risky and lengthy procedures) they will still be obliged to return to their own countries.
We are assured that there are checks and procedures for reviewing certain cases but they are still discretionary and it is difficult to get any prior ruling from the Immigration Department on what may be considered to be an extenuating circumstance despite Explanatory Note D: The (departments) are willing to assist any Employer/Helper with any problems or disputes which may arise.
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Appendix A
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