In the fifth wave of the epidemic, foreign domestic helpers who were infected were fired and had to sleep on the streets in the cold weather.
The Labour Department today (24th) reminded employers not to dismiss foreign domestic helpers infected with the virus, and to provide them with paid sick leave, free and suitable accommodation and free medical treatment in accordance with the Employment Ordinance and the Standard Employment Contract. It may be illegal, and the foreign domestic helper visa application will be rejected in the future.
▼The situation of foreign domestic helpers on the first Sunday after the gathering restriction order was tightened to 2 people on February 13▼
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The Labour Department said today that, according to the Employment Ordinance, an employer cannot terminate an employee's employment contract while the employee is on paid sick leave, unless the employee is summarily dismissed due to gross negligence.
If an employer violates the relevant provisions of the Employment Ordinance, it is an offence and is liable to prosecution and, upon conviction, a maximum fine of $100,000.
In addition, if an employer violates the Employment Ordinance, it will be deemed ineligible to employ a foreign domestic helper for a period of time, and its application for a foreign domestic helper visa will be rejected.
According to the Employment Ordinance, employers should provide paid sick leave to foreign domestic helpers infected with the epidemic, and according to the "Standard Employment Contract", employers are required to provide foreign domestic helpers with free and suitable accommodation and free medical treatment.
Employers dismissing foreign domestic helpers for infection may breach DDO
The authorities also warned that employers may also violate the Disability Discrimination Ordinance if they treat foreign domestic helpers with poor treatment, such as dismissal, because they have contracted or recovered from COVID-19.
In December 2020, the foreign domestic helper dormitory in Fengnian Building, Tai Po exploded
Labour Department urges compassionate consideration to grant paid sick leave even if sufficient number of paid sick leave has not been accumulated
The Labour Department also pointed out that if a foreign domestic helper becomes ill, the employer must provide sick leave and sickness allowance to the qualified foreign domestic helper in accordance with the Employment Ordinance.
Even if the sick foreign domestic helper has not accumulated enough paid sick days to enjoy paid sick leave, the Government calls on employers to be considerate to the foreign domestic helper and consider granting paid sick leave.
In addition, according to the "Standard Employment Contract", the employer must provide the FDH with free and suitable accommodation and free medical treatment.
The number of foreign domestic helpers dropped to 340,000 due to the epidemic Labour Department: Foreign domestic helpers contributed significantly
The authorities stressed that foreign domestic helpers have made a significant contribution to assisting Hong Kong families with household chores and taking care of the elderly and young at home.
Affected by the epidemic, the number of foreign domestic helpers in Hong Kong has dropped from about 400,000 in January 2020 to about 340,000 now. It is believed that under the epidemic, both employers and employees need to support and understand each other even more.
We must strengthen the support and protection for foreign domestic helpers and maintain Hong Kong as an attractive place for foreign domestic helpers to meet the needs of Hong Kong families.
The government calls on employers and foreign domestic helpers to fight the epidemic together and should never dismiss foreign domestic helpers who are infected with the virus at will.
If a foreign domestic helper has been dismissed by the employer due to the infection, he or she may seek assistance from the Labour Department.
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