The Hong Kong High Court on Monday heard closing submissions in a judicial review filed by a Filipino domestic worker against the “live-in” rule for maids, with her lawyer alleging that the rule forces domestic helpers to be on call 24 hours a day.
Paul Shieh, the lawyer representing the Filipino petitioner, argued that the live-in rule should not segregate work time and rest time for employees in a way that puts them at risk of being abused, Sing Pao reported.
There are some domestic workers who do not want to live with their employers and the law should take this into consideration, Shieh told the court.
Meanwhile, the government should provide evidence and figures on the impact of lifting the rule that it uses to justify the policy, such as impacts on labor-market, housing and insurance issues.
Shieh argued earlier that the live-in rule was unconstitutional and violated the Bill of Rights. He said the legal challenge was aimed at giving domestic workers a choice on where they can live. It did not seek to force all helpers to move out of their employers’ homes.
Lawyer Benjamin Yu, arguing for the government, said domestic workers should report to the Labor Department if their employers violate their employment contract, including failure to allow a weekly 24-hour rest day. The risk of such abuses has no direct relation to the live-in rule, he told the court.
The High Court reserved judgment in the case.
Read: Legal challenge against live-in rule for domestic workers
Thats true Aisha Ahmed, even me i dont wanna lose my job, and im not complaining even my holiday you need to tidy up the house bfore you leave and washing the dishes and tidy up again when i come back home
Aisha Ahmed,,, well said I’m agree with you,,,
Agree its true…like ny employee smoking in the kitchen in i got ni where to eat gor , lunch break dinner,they no consideration,
Exactly
Mostly of the helpers is not getting the 24hrs rest due to mostly of employers ask them to there task before they go for holidays or if not when come back home from holidays they still have to there work mostly in the kitchen.
For my opinion , we ,domestic helpers should have working time limit, especially during night time. Those without their own rooms, employers should let them live out. If they can’t afford ,so better not get a helper. Those live in with their own rooms ( I prefer) should have working time limit. After their working time they can go into their rooms, without disturbance.
Yes it’s easy to say report the abuse to labor if there is but u can’t even protect us from abuse we get living in 24 hours a day .and it make it worst once they got reported.
Just like me now.
I started work 6:30 and end up at 10:30 or 11.
If saturday i worked untill 12 or 1am.
It depends on what time they will be home from their work. ????
????
domestic helpers are prone to abused by their employer when living in w/them,esp if the 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 just have noodles for lunch EVERYDAY!!!&still has to work even day off before she go out!!the working time is 6 until 12am!!!
This situation is like mine when I first arrived here in HK way back 2012
Very easy for them to say report your employer if they violate laws… yet they cannot give assurance or protection to helpers of not losing jobs once we report our employers…i just wish my boss would pay me my long service :)so i have a good remembrance of them and my stay here in HK
So true ..
yes its true..
24 hour rest day should be implied.It is only once a week that we can get up late and take our time for ourselves to breath free and relax,but not all employers are considerate,meaning not helpers including me have this luxury on day offs. I get up early on day off prepare my self and wait for the kids to wake up take of them and wait for the bosses to wake up on or before 9 amd comes back in the house full of mess and take care of children intil they sleep again.But how to complain?when you can get terminated.
Authorities should inforce this law to be fair.
Helpers are being abuse with the fear of termination.
They ignore the law to attract more employers.
You mean the law of the agency? Often times the law of the agency violates the labor laws. Employers and domestic helpers must follow what is stated in the labor laws for domestic helpers. Agencies knows the labor laws but they bypass and ignore it