TNAG-2318-FCO40-3362-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 99

THE EVIDENCE

Although The Mission for Filipino Migrant Workers have extensive records which show that over 600 migrant workers were sent back last year and one concerned solicitor's pro bono file contains over 180 cases dating from September 1988 to the present day, we believe that this represents just the tip of the iceberg.

Allegations of domestic helper maltreatment and abuse can be difficult to prove as many will not come forward with complaints to the authorities.

summarized as

follows:

The reason for this can be

Immigrant workers can spend the equivalent of about three working month's wages just to get their jobs in Hong Kong. This money is, more often than not, borrowed at rates in excess of 20% per month!

Consequently they are terrified of losing their jobs SO they are prepared to suffer considerable indignities and often inhuman working hours and conditions in order to keep them. Thus it is only in the most extreme circumstances that they will lodge an official complaint.

(Appendix B - Case Histories)

THE PROBLEMS WITH THE STANDARD CONTRACT

The standard contract has one most extraordinary omission: nowhere does it specify a maximum number of working hours.

(Appendix A - Page 1 paras: 2 to 3)

The duties of the helper are specified in Clause 2 (most employers enter "Domestic helper/baby sitter") but the following clause is open to wide interpretation.

Clause 3: The Helper shall perform the formal duties

for which she has been engaged under Clause 2. He/she shall reside in.... (hereinafter called "the place of employment") as directed by the employer.

This phrase - "as directed by the employer" - is often used to convince helpers that they must do anything that the employer directs them to do otherwise they will be in breach of the contract.

(Appendix A Page 11 paras: 4 to 7)

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