This is perfectly reasonable because there is little difference between these rules with regard to their general effect of placing a foreign helper at a distinct disadvantage when entering into this contract.
A FAIR BALANCE BETWEEN EMPLOYER AND EMPLOYEE.
(Hicks P.10)
The restrictions on change of employment are claimed to be a justifiable attempt to find a fair balance of interest between employer and helper. Obviously it is difficult to preserve such a balance and the authorities will be subject to criticism from both sides.
On this point the following comments can be made.
(a) The employer's costs will generally be lower than those of the employee consisting of agent's fees and a one way air ticket to Hong Kong. Despite the employee's contractual
right of termination, the restrictions on change of employment ensure that she will probably stay as long as she can even though her working and living conditions may be (to most others not similarly restricted) intolerable.
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(Thus the employer has a considerable hold over her: the threat of repatriation if she complains or steps out of line. Even with this advantage, it is not unknown for employers to illegally deduct the expenses that they originally incurred from the helper's monthly wages and force the helper to sign receipts for the full amounts.)
(b) The helper's costs may well be far greater than those of the employer. These include internal travel costs, subsistence while staying in the capital (e.g. Manila, Bangkok), medical report, visa fees, "police permit", agency fees etc. Even though there is a legal limit on the amount of the latter, this may not be observed. Other irregu- larities are common. e.g. both parties paying for the air fares.
Today, the crisis in the Middle East will inevitably produce a torrent of workers desperate to earn a living and unscrupulous agents will demand higher fees and probably get
them.
Presently, helpers claim that their total investment is generally around HK$ 10,000 - made up of their life savings and loans given at usurious rates, 20% per month and higher. Some helpers maintain that the loans they have obtained are "capital non-redeemable" and will have to be payed back over the fixed two year term.
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Appendix A
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