Despite heavier fines imposed on excessive collection of fees from domestic workers applying for jobs in Hong Kong, a study found out that more than half of the maids continue to pay fees higher than mandated by law.
The Hong Kong Federation of Asian Domestic Workers Unions (FADWU) said in its study dubbed “Agents of Change–Assessing Hong Kong employment agencies compliance with the Code of Practice” that 56% of domestic workers had been charged an average of HK$9,013 (US$1,155), more than 20 times the maximum mandated by the government’s new Code of Practice.
Under Hong Kong law, employment agencies can charge only up to 10 percent of the domestic worker’s first month’s wages (HK$441 or 10 percent of the current minimum allowable wage of HK$4,410).
“Despite the CoP’s clear re-statement of existing legislation on agency fees, the current research shows that 56 percent of interviewees (253 out of the 450 who responded to this question) were charged illegal fees by employment agencies after their arrival in Hong Kong,” the study said.
“Furthermore, 30 percent of interviewees were also charged in advance of receiving their first month’s salary in contravention of the CoP,” it added.
Many of the interviwed workers said they paid more than HK$1,100 immediately after their arrival in Hong Kong and before starting in their jobs and receiving their first month’s wage.
A 39-year-old Filipino maid named Regina Andres said she paid around HK$4,000 as a “training fee” while she was in the Philippines. Her employment agency then asked for HK$10,000 when she arrived in Hong Kong, Oriental Daily reported. She learned that she was illegally charged only after paying about HK$8,000 by the employment agency.
Moreover, 24% of the interviewed domestic workers had their personal documents such as passports withheld by the employment agency either before or after taking up their job.
Labour Party lawmaker Fernando Cheung Chiu-hung said it was shameful that such practices continued to happen in Hong Kong and urged the government to take urgent action.
Employment agencies, or any of their staffers found overcharging, can face a maximum penalty of HK$350,000 and a three-year prison sentence.
The Labor Department says that since the implementation of the Code of Practice, it has issued 35 written warnings and revoked licenses of seven employment agencies so far.
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