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Justice for Migrant Domestic Workers by Christian Action

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Justice for Migrant Domestic Workers by Christian Action

基督教勵行會 - 為外籍傭工爭取公平待遇

Background 背景

About 8% of Hong Kong’s population are ethnic minorities, which includes 373,884 migrant domestic workers who work around the clock to serve Hong Kong families and take care of children and the elderly. Many do not have knowledge about their own basic rights and the labour protection laws.

We see helpers frequently encounter unreasonable treatment including leave deduction, wage default, exploitation by employment agencies, etc. There are even cases of physical and mental abuse, as well as sexual harassment. As many migrant domestic workers do not know how to seek assistance, they frequently endure the abuse silently. Christian Action offers paralegal assistance, crisis management and emergency shelter for those who have nowhere to go during their court appeals.

本港人口中近8%人口屬少數族裔,當中外籍家庭傭工佔約373,884人。他們日以繼夜照顧本港家庭、兒童及長者。然而,他們普遍不了解自身的基本權益和各種勞工保障,部份更經常遇到不合理的對待,包括扣假、欠薪、被中介公司剝削等。有些甚至遭受身體、精神虐待與性騷擾等。由於他們不太懂得尋求支援和協助,很多時都選擇默默忍受。基督教勵行會提供法律相關的支援服務及危機處理服務,並設立暫居中心,讓正等候個案審理的外籍傭工有安全的棲身之所。

 

The Christian Action Centre for Migrant Domestic Workers provides:

  • Crisis intervention by providing legal advice and assistance for MDWs who may have a variety of cases, such as labour, immigration, criminal, etc.

  • Shelter housing for those who have lost their employment and have no place to stay while waiting for their court cases to conclude.

  • Comprehensive assistance and guidance to those who have suffered unfair treatment from their employers, agencies, and other institutions.

  • Assistance and care for those who need medical care.

基督教勵行會提供服務如下:

  • 提供各種相關法律諮詢及援助服務,助其了解自身權益與法律保障,如
    勞工,出入境,法律保障等。

  • 暫居中心提供床位,讓正等候個案審理的外籍傭工有安全的棲身之所。

  • 協助遭被僱主、中介公司及其他機構剝削等不公平待遇的外傭。

  • 協助及關懷有醫療需要的外籍傭工。

 

 

Why should you help? We cannot stand idle in the face of exploitation and injustice.

對於剝削與不公義之事 我們豈能坐視不理

Since 1993, Christian Action has been providing service programmes for migrant domestic workers to help them fight for their rights and to provide suitable protection. At the same time, this service programme also provides a platform where we seek justice together. Apart from providing suitable services and assistance, we also try to raise awareness about the plight of migrant domestic workers to enhance society’s understanding of their situation and eradicate prejudice and discrimination.  

基督教勵行會自1993年開展外籍傭工服務計劃,為他們爭取合法權益與提供適當的保護,亦建立平台與他們一起追尋公義。除了提供適切的服務與援助,我們也希望同時喚起大眾對外籍傭工的了解和關注,消弭偏見與歧視。

 

Case to Share 個案分享

Yenny – from Indonesia

Yenny started working in Hong Kong in January 2017. She had to work from 7am to past midnight caring for four adults and two toddlers. She also worked at her employer’s store. She never received statutory holidays, suffered from untreated diabetes, and endured a ligament injury.

Two days after Yenny politely insisted that she would not renew her contract, the employer’s daughter-in-law accused her of stealing and called the police. Yenny lost her job, had nowhere to go, and did not know what to do. She was then referred to our shelter.

Our paralegal team and a pro-bono lawyer helped to claim her entitlements at the Labour Department and Tribunal.

During Yenny’s stay of more than 100 days at the shelter, we witnessed how she grew from being pessimistic and apathetic to having confidence to face the future. When she first arrived, her physical condition was very weak due to diabetes and her swollen leg. Worry overcame her, but after much encouragement, Yenny finally attended physiotherapy 7 times with healing results. We then referred her to a doctor and saw good improvement.

In early October 2019, the prosecutor offered no evidence against Yenny, so she was acquitted. Furthermore, her former employer paid all entitlements including sick leave payment, the salary she was owed, air tickets, rest day compensation, one-month salary in lieu of notice, annual leave, and loss of income.

 

Yenny於2017年1月開始在來港工作,僱主安排她由早上七時工作至午夜,照顧四名成年和兩名幼兒,還需要在僱主的商店工作。她從未擁有過法定假日,而她的糖尿病和韌帶損傷都未經治療。

在Yenny禮貌地堅持不續簽合約兩天後,僱主的女兒報案,指控她偷竊。Yenny即時被終止僱傭合約,即時變成無家可歸。她感到完全迷失方向,可幸,其後她獲安排到我們的暫居中心,並獲提供輔導和法律諮詢服務。本會經驗豐富的諮詢團隊在法庭及審裁處為受助人辯解。

Yenny入住暫居中心多達100天以上,我們看到她從悲觀和冷漠變得對未來充滿希望。Yenny初到基督教勵行會的暫居中心時,由於糖尿病和雙腿腫脹,身體非常虛弱及顯得非常擔心。經過多番鼓勵,她終於接受共7次物理治療,身體狀況得以改善。 

2019年10月上旬,檢察官未能提供任何指控Yenny的證據,因此她獲判無罪。此外,她的前僱主亦支付了所有Yenny應得的東西,包括病假薪金、被剋扣的工資、機票、休息日補償金、相等於一個月工資的代通知金、年假和欠薪。

 

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Funds raised on this page will go to:

Christian Action

to serve those who are disadvantaged, marginalised, displaced or abandoned