An organization representing migrant domestic workers has claimed that in many cases the courts in Hong Kong have discriminated against foreign employees and sided with their employers.
Cynthia Abdon-Tellez, the general manager of Mission for Migrant Workers (MMW), claimed there had been blatant unequal treatment of migrant workers in the courts in the past, but this had decreased when the judicial system came under criticism from workers’ rights advocates. Now, she claimed, the inequity was returning, sunwebhk.com reported.
She said the courts had often missed a crucial point – who makes the decisions in an employer-employer relationship?
She said that even when it came to illegal work, it was usually the employer who demanded the helper work in his office, shop or in his parents’ home, and all the employee could do was to follow orders for fear of losing the job.
She claimed law enforcement had often failed to address this disparity between an employer and a domestic worker. In reality, she said, the domestic worker often had no choice but to follow the employer’s instructions.
Abdon-Tellez gave an example of some cases she claimed were unfair. One domestic worker was sentenced in July 2015 by Magistrate Andrew Ma after pleading guilty to “making a false representation to an immigration officer” about agreeing to live outside her employer’s home. She was given four months in jail, suspended for three years.
Two weeks later, another domestic worker received a far more lenient sentence of two months in jail suspended for one year after she pleaded guilty to “conspiracy to make a false representation to an immigration officer.”
Another case involved the helper being ordered by the employer to wash the dishes in his restaurant or help with his vegetable stall. The maid was arrested and ended up in jail, while her employer was not charged.
Abdon-Tellez urged the law enforcement officers to address the disparity, saying that in reality, the helper often does not have any choice but to follow the illegal orders of her employer.
Very true msdama Tellez..law is so unfair should be both the boss & helper be charge equally.so sad reality.
And one more sad thing is its easy for the employers to post bail if they are charged also …… helpers looses their job…. and will have record of violation
If helpers have the choice of course they don’t want to do the illega jobs…. and not all extra jobs are with extra pay…. fear of loosing their jobmake them do it…. specially for the first timers and and they are still paying debts way back home…. be fair…. must investigate and must listen to both sides
Yes indeed…
The employee just only follow instruction or order from the employer to the extent not to lost their Job
Just now i’ve read of local HK employer running a prostitution ring with the help of her 2 Filipina helpers. Now the 2 were jailed bcoz they cannot post bail while the mastermind of the vice ring is roaming around free bcoz they got money to pay the bail. How irresponsible and how unfair that an employer can order his or her helper to violate the law and not be held accountable for their bail and whatever financial help they need now that they were caught.
Shall the employer go to prison not the helper. we are not the breaker but the employer who demands so many thing they don’t give space and peace. .
Exactly that’s what what happen even the employee doen"t want to do which is illegal, we don"t have a choice were afraid of loosing a job.
I agree if the employee will be in jail ..the employer should be punished too
True….sad reality…
korek
Yes very true..
Correct
The blame must be to the employer.
Hindi naman gagawin ng helper kung hindi iutos ng amo eh.
agree this…