Helpers’ statutory rights protected
The Government today said it does not and will not tolerate illegal dismissal of foreign domestic helpers (FDHs) who catch COVID-19.
In a press statement, the Government reminded employers that if they treat their FDHs less favourably, such as by laying off helpers with current or previous COVID-19 infection, they might violate the Disability Discrimination Ordinance.
FDHs under employment who test positive for COVID-19 or are regarded as close contacts will receive support like any other Hong Kong citizen, the Government stressed.
Meanwhile, for helpers currently without employment in Hong Kong, the Labour Department has been assisting in their admission to suitable facilities with support from the relevant consulates general.
Under the Employment Ordinance, an employer is prohibited from terminating an employment contract with an employee on paid sickness day, except in cases of summary dismissal due to the employee’s serious misconduct. Upon conviction, the employer will face a maximum fine of $100,000.
In addition, any breach of the statutory obligations and requirements under the Employment Ordinance and the Standard Employment Contract will render the employer ineligible for hiring an FDH for a period of time, and their helper visa applications will be refused.
The Government will stay vigilant in taking enforcement action against any violation of law in liaison and collaboration with the relevant consulates general.