The Hong Kong High Court rejected a legal challenge on Wednesday against the mandatory rule for foreign domestic workers to live with their employers.
The Hong Kong Government said they were pleased that the judgment confirmed that the live-in requirement is lawful and reiterated that foreign workers were fully aware of the requirement before signing an employment contract and they were admitted on that basis. They could terminate the contract at any time if they were no longer willing to comply with the terms, including the live-in requirement, a government release said.
Betty Yung Ma Shan-yee, chair of the Hong Kong Employers of Overseas Domestic Helpers’ Association, welcomed the judgment, saying domestic workers enjoy protection as employers should provide suitable and furnished accommodation and medical care for their workers under the standard employment contract, Sing Pao reported.
Domestic workers would not be able to afford the expensive rental fees in Hong Kong if the ‘live-in rule’ was canceled, Yung Ma said, adding that the existence of the rule would make it difficult for them to work in Hong Kong.
Joan Tsui Hiu-tung, convenor of Support Group for Hong Kong Employers with Foreign Domestic Helpers, said the live-in rule provides stable assistance for working parents who need someone to take care of their children or elderly relatives, Ta Kung Pao reported.
Teresa Liu Tsui-lan, managing director of Technic Employment Service Centre Ltd, was not worried that the judgment would affect the city’s ability to attract domestic workers from overseas.
Liu said local employers offer US$550 salary a month, which is higher than other countries in Southeast Asia.
Domestic workers could also enjoy better labor protection and freedom than if they worked in the Middle East.
But the Hong Kong Federation of Asian Domestic Workers Unions said it was disappointed with the judgment, saying the existing rules do not protect domestic workers’ privacy. The group said the government should evaluate requirements to better protect domestic workers.
Read: High Court rejects challenge to the live-in rule for maids
Joanne Saptang of course it is more convenient for the employer to have a 24-hour live in employee but it’s hard on them. I will also be on time to work every day if I sleep in my office! In Macau we only need to pay 500 mop (503 hkd) for housing allowance. The helpers take this and room with other helpers. And I feel if anyone can not afford to pay the helper appropriately then they should not have a helper. In other countries like US we don’t have this luxury in middle class homes and have to send our children and elderly to daycare. And we clean our own houses and do our own laundry. In Macau I have a helper and I’m grateful I can afford it but I cannot support forced live in helpers because it’s too common to see them working extra hours (they wake up with the baby or elderly person in the middle of the night for example) or cannot get private time in the evening unless they go outside. So many live in helpers are working extra hours for no pay because they can’t escape their employer. We may treat them as family members but they are employees and after the set working hours their work should stop. The only way to ensure this is living out. If they live in and will work more hours as a result, they should have more pay. That’s my personal opinion.
Yes ,u right.sometime even we sick still do house work except lay on the hospital
Elizabeth Marie Ritchie i am emplyoyer as well i tried to hiring stay out helper but it ends up affecting my job.sometimes they cant come to work due to a lot of excuses and so i cant work that day and it will deduct in my salary and affect my working performance as well.. most of hongkong people need to hire helpers so they can work to sustain their family.. i am working in Fnb and my workimg time is not fix do u think who will take care of our children if we are still at work even after 1 am.and the fact that our salary is not much how we will provide for their rental if we our selves are paying half of our salary in rentals…. all i can do is to treat my helper as family….and yes they can talk to the emoyer first before signing the contract so they wont get dissapointed at the end….
many helpers are living out like in discovery bay, saikung, because there western employer allows them to stay outside comfortably with trust and respect with there privacy. why Chinese people don’t try to think there helpers situations. 24/7 working at home. after holiday they need to work and clean all the dishes in the kitchen.
Rham Nacionales Hapalla Giron And the crazy thing is they suppose live in should be paid less because room and board are provided! But in the end they have 12 more hours of work. I am an employer actually. My helper lives out. I think it’s the best arrangement.
Its favor them because they call anytime their kunyang whatever they wanted,its very shameful,they treat their helper slave!
so living in with employers that cannot provide the helper a room to sleep on specially during nighttime and rest days are not illegal isn’t it stated on the contract the employers should provide decent room for helper? it is good thing if helpers have their own rooms and not just lying on a bed in the living area or kitchen floor
Look at macau. They live together in groups to afford housing. Employers pay a stipend for live out helpers. And some stay in while others stay out- no rule is needed, just logical options. Also the idea that they can terminate their contract whenever they want is complete bullshit. Everyone knows the penalty for terminating a contract is steep. Many can not afford it. These women work in HK to support their families. They can’t afford to lose a job so they stay with miserly and inhuman employers. Hong Kong should be ashamed of how their residents treat their helpers. It’s a disgrace.