The High Court began hearing a judicial review on Tuesday filed by a Filipino domestic worker against the ‘live-in’ requirement for maids, alleging that it is unconstitutional.
The judicial review was filed by domestic worker Lubiano Nancy Almorin, Apple Daily reported. It said her lawyer Paul Shieh argued that the stipulation violates both the Basic Law, Hong Kong’s mini-constitution and the Bill of Rights.
Almorin did not show up in the court on Tuesday.
The live-in rule was introduced in 2003 and implemented through standard employment contracts and pledges when workers applied for visas.
But Shieh said the Director of Immigration does not have the power to restrict where foreign domestic helpers can live.
He said the legal challenge was aimed at giving helpers a choice on where they can live, and did not seek to force all helpers to move out of their employers’ homes, Radio Television Hong Kong reported.
Shieh quoted a survey conducted by Justice Centre on 1,003 domestic workers which found that maids in Hong Kong work more than 70 hours on average per week – and that one in three don’t have a weekly 24-hour rest day as required by law, Sing Pao reported.
The case is scheduled to last two days.
Ano ba yan …sumasahod naman ata at kumakain ng maayos bakit pa mangunguha ng hindi kanya. Sinira mo ang pangalan nga mga pinay dh at lalo kana nakakahiya sa pamilya mo pinas .
And also not good for maids to share room with kids or stay at a store room type which there’s no Windows for air circulations.
Oh my Golly youre a shame to our country! You supposed to take care of your employers house and not the one who abused their trust! You shamed all filipinos for doing that! Shame on you!
I 100% vote this because their are employers let their made to sleeo in the living room.
Some helpers share room with the kids and sleep on the floor or in the kitchen…
full day of duty & 2days off day is fine;)
It’s,good if that is true,bcz.so difficult mostly the helper esp.Indian Employer is no own room.at sleep late and late go holiday at early come back.bcz.need to cook dinner same like me.and also my Sester,and I have more friends and cousin.same but we have no choice.need money.
17hours,yta ang trabaho dito,sa amo araw2,pag di kpa nka pag 3 mnths,di pa pwede mag stay out,sa amo..?
…..and im the one sleeping in the living room and sometimes in the kitchen…poor!?!
Grabe,nman natutulog sa kitchen..,medyo ok lng pg sa living room,
Me too I’m sleeping in a store room type without any window and that makes me suffer from headache in early mornings….its really difficult especially there’s no air-con also just the fan, it’s suffocating, but I don’t have choice!!! ????????????????
Pinsan Ko rin noon natutulog sa kitchen may folding bed sya malamig yun pag winter
Kaya po sa mga iba po na ng se send ng balik bayan box paka isipin po mabuti kung tama.ba ang gagawin na kukuha ka ng ano man things mula sa mga employer. Tama na po ung pinag hirapan mo na mapuno ang box ????
Praying for this to be impliment..
Pls let maids breath widely,
Give them time to relax,
And its to stressful every day off need to rush back home to wash the dishes and clean the whole house even day offs
Sharing a room with the kids is so disturbing also.though u want to sleep they keep on coming in n out of the room because they are still awake until midnight.
Much better also to gave the food allowance and also not work for 12hours..much better if stay out and work only 8hours..that’s my suggestion.. Thank you
Yahh..that’s also i’m doing much better if the court approve the 5workingdays and 2dayoffs
It should be 8-9 hours only not 20hours working in one day even our rest day they get some hours just to work.
Very true..almost all of my friend is required to do things before going out and when they back from off day..i have a relative that she goes to bed very late and wake very early also..so this case is an eye opener to the real situation of fdh here in hk. ????
How about those who were forced to "stay in" ,but do not have any room provided? A lot of them exists.But,as we know,all the helpers can do is to OBEY,for they are not prepared to lose their job yet.They are usually the NEWCOMERS that has been exploited by SOME abusive employers.
Fellow Helpers here in hk please comments and share ur situation regarding this matter espicially those who are not in a good condtion on thier workplace.don’t let ur employer abuse ur rights or else next to us suffer d same fate.
I once broke my contract from my employer due to my accommodation. I had lived in the basement where no aircon , no window and not allowed to open the window from the passage area where I may get the only ventilation. I had suffered the musty smell and heat which made me very sick for a month. If I did not break my contract I know I would have been dead by now.
Joyce Lyn Ines Yabes decide for yourself now before u can get tb. The musty, unventilated space is a favorite room for bacteria that is. Headaches is one symptom of tb
Joyce Lyn Ines Yabes you have a choice either to move back to
Philipines or look for another country where both the work
And salary is less than hk .try Middle East for 2 yrs and you will love hongkong
My employer always forced me to wake up at middle at night and clean her room at around 12:30 to 3am at holiday of Sunday if I come back around 10 pm she angry why I’m late and forced me clean and wash cloths
Dpat kc ang Phil.Consulate bago mag approved ng Contract check din nila ang tirahan ng Employer if meron bang room para sa Filipina worker.If wala din need ng mga Employer na hanapan ng boarding house ang Filipina maid..If meron nmang room na ok sa Filipina then dun na mag aaproved ng contract.
Plus for the food allowance my cousin said when her employer leave the house to have a dinner outside the wife left her a cup noodles for her dinner…she can ask for food(different kind of food) sense she have her food allowance avenue though they shared..added she have no rest time got 3 cameras at home and have a early curfew..
Even though*
and also dont have any curfew time during holidays….bec.its states in the contract that 24 hrs.holiday.but me..i have curfew.
sana matuloy yan para namn may pahinga ang tao 6 am to 2 an non stop working.
sana nga para di ka pagtrabahuhin hangang 2am
Ruby Wu, thats not her point. Her point is, employers should also consider good ventilated room for the servant.
domestic helper is prone to abuse "if" employer is abusive&treat their helper as robots,i don’t want to compare it to animals because sometimes the employer treats their dogs/cats better than the helper…just like my sister, she doesn’t have enough food not enough rest, even day off,she still has to work before she go out…complain to labor? 😀
Ruby Wu why she try to work in a country which the salary is lower..doesn’t it better to try the better country and better salary than hk?your so proud of your country isn’t it?..well dont be..your not the best choice anyway????
I respectedly urge the director of immigration to change this "live in" rules for foriegn domestic workers because they only prone to abuse by both employers and workers works for almost 24 hours!
All i can say is hindi natin alam ano ang reason niya to do this all of us commit mistakes.Probably naka may history siya or genes na may sakit na clepto.So for sure she regrett for what she has done!