During the COVID-19 epidemic, there have been many outbreaks of foreign domestic helper dormitories in Hong Kong in the past few waves.
The Office of The Ombudsman today (17th) released a report on its proactive investigation into the regulation of FDH dormitories, revealing that FDH dormitories run by FDH intermediaries may not be regulated by the Hotel and Accommodation Ordinance or the Bedspace Apartments Ordinance, while the Government's external There is no systematic information on the supply and demand of domestic helper dormitories, and there is no specific legislation governing such dormitories.
The Grievance Office suggested that the Labour Department should take the main measures and put forward a total of 10 proposals, including amending the Code of Practice for Employment Agencies, which specifically lists the relevant laws, standards and guidelines that employment agencies must comply with if they operate dormitories for foreign domestic helpers. Employment agency reference and compliance.
The report also mentioned that the follow-up situation of the 4 foreign domestic helper dormitories that had been hit by the epidemic was only the case of the foreign domestic helper dormitory in Fengnian Building, Tai Po. Because some of the foreign domestic helpers were working foreign domestic helpers, they violated the contract and had to live at the employer’s address. As for the foreign domestic helper agents involved in the dormitory of the Kin On Commercial Building in Sheung Wan, they were only verbally warned by the Labour Department and temporarily suspended.
The remaining two dormitories for foreign domestic helpers are still pending follow-up action by the Civic and Municipal Affairs Bureau.
In December 2020, the foreign domestic helper dormitory in Fengnian Building, Tai Po exploded
At present, some foreign domestic helpers may stay in Hong Kong temporarily during the "two-week rule" period after the contract period expires or early termination, and arrange to return to the place of origin or wait for the government to grant a visa to connect to a new job in Hong Kong. Maid dormitory.
The Licensing Office under the Civic and Municipal Affairs Bureau received one and two complaints respectively in 2018 and 2019, alleging that there were 12 premises suspected of having foreign domestic helpers living there, but 11 premises of the office received multiple complaints at different times. During the inspection, no case was found involving the operation of an unlicensed hotel, and the investigation has ended.
From January 2020 to June 2021, the Employment Agency Affairs Division of the Labour Department also received a total of 6 complaints about accommodation facilities for foreign domestic helpers.
The legislation does not define FDH dormitories and the government does not fully grasp the information
The Ombudsman's investigation report pointed out that there is currently no definition of "foreign domestic helper dormitory" in the laws of Hong Kong. There are various types of accommodation facilities, some of which are provided by employment agencies, and some are provided by other private owners or organizations, both free or for a fee. We do not know the location, quantity, facilities, etc. of dormitories, nor do we have exclusive laws to regulate them.
The report pointed out that some dormitories for foreign domestic helpers are currently subject to the Hotel Industry Ordinance or the Bedspace Apartments Ordinance.
Although the consulates of the foreign domestic helper-sending countries, in the licenses issued to some employment agencies in Hong Kong, the intermediaries are required to provide accommodation facilities for the foreign domestic helpers in Hong Kong and recognize the foreign domestic helper dormitories.
However, the Office of Complaints believes that the consulate alone may not be able to fully address the problem by setting the dormitory requirements for foreign domestic helpers.
In 2020, there were 4 foreign domestic helper dormitories in Hong Kong that experienced outbreaks. The report pointed out that the foreign domestic helper agency involved in the foreign domestic helper dormitory in Fengnian Building, Tai Po, had been pinned earlier.
The report further revealed that when the Labour Department followed up on the case, it found that the dormitory was provided by a foreign domestic helper agency, but did not hold a license issued by the Civic and Municipal Affairs Bureau. There were also four foreign domestic helpers who were on-the-job and had to live in violation of the contract requirements. the employer's address.
During the inspection, the Labour Department also found that the agency involved violated the requirements of the Code of Practice in many ways, and decided to revoke its employment agency license.
In addition, the foreign domestic helper's dormitory was located in the Kin On Commercial Building in Sheung Wan. After an investigation by the Labour Department, the foreign domestic helper agency admitted that several foreign domestic helpers with special needs were temporarily staying in the business premises.
The Labour Department has issued a verbal warning that the agency has temporarily suspended operations, and no foreign domestic helper accommodation was found after further inspections.
Cheung Hing Building's individual FDH dormitories are provided free of charge by the intermediary and the licensing office ends the operation
Although the Cheung Hing Building in Mong Kok had an outbreak, some people have complained that the site operates a "foreign domestic helper hotel".
The Labour Department stated that the accommodation facility was not run by an agency, but the Civic and Municipal Affairs Bureau stated that some of the units were private residences, and employment agencies provided free accommodation for foreign domestic helpers. investigation.
As for the case of Xiyun Building in Causeway Bay, because it is neither an intermediary, nor a private residence, it does not involve an unlicensed hotel. It is still under investigation for the time being.
The Complaints Office urges the Labour Department to establish a database of dormitories for foreign domestic helpers
According to the report, FDH dormitories have their functions, but low-fee, or even free, FDH dormitories are limited in quality. If regulation is to be tightened, the cost may be passed on to FDHs or employers, or even give up operating FDH dormitories.
The Ombudsman Office believes that the Labour Department should implement the provisions in the Code of Practice for the provision of accommodation facilities or beds, and must ensure that the dormitories for foreign domestic helpers have obtained the approval or license for operating accommodation facilities or beds.
The report also made 10 recommendations to the Labour Department, including advocating the Labour Department to require employment agencies to provide information on the operation of dormitories for foreign domestic helpers, establishing a database of dormitories for foreign domestic helpers, and compiling and publishing a list of dormitories for foreign domestic helpers; The Department requires employment agencies to declare when applying for or renewing a license, such as providing accommodation facilities to job seekers.
If the results are not satisfactory, the long-term consideration will be given to legislative regulation.
The Ombudsman Chiu Wai-yin: Proposed regulation is by no means abolishing foreign domestic helper dormitories
The Ombudsman, Chiu Wai-yin, believes that the FDH dormitories run by the employment agencies provide temporary housing for foreign domestic helpers in need and have social functions. Foreign domestic helpers working in Hong Kong have a reasonable living environment, and there are rules for operators to follow.
She hopes that in regulating FDH dormitories, the government can negotiate frankly with all stakeholders to formulate a plan acceptable to all parties, and gradually improve the operational level of FDH dormitories.
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The Labour Department, the Civic and Municipal Affairs Bureau and the Immigration Department have accepted all the improvement proposals made by the PCPD.
The Labour Department stated that it has started the review of the Code of Practice. The review will also consider the improvement measures proposed in the report of the Office of The Ombudsman, and will also consider strengthening the monitoring of accommodation facilities operated by employment agencies on the basis of the existing system. , and increasing information transparency.
Hong Kong Employment Center was pinned for operating a dormitory for foreign domestic helpers in Tai Po due to the outbreak of the epidemic. Labour Department: Unsuitable person imported from the Philippines. The increase in foreign domestic helper dormitories raises concerns. Employment Association: The dormitory is the only choice for foreign domestic helper dormitories. The government will take the initiative to investigate the new crown pneumonia without supervision | The foreign domestic helper dormitory has repeatedly exploded. The labor union urges the government to provide a resort for foreign domestic helpers to temporarily live in the foreign domestic helper dormitory group. A total of 13 cases have been confirmed in the San Po Kong music classroom and 10 people have been diagnosed.