Foreign domestic helpers in Hong Kong () are domestic workers employed by Hongkongers, typically families. They comprise five percent of Hong Kong's population, and about 98.5% of them are women. In 2019, there were 400,000 foreign domestic helpers in the territory. Required by law to live in their employer's residence, they perform household tasks such as cooking, serving, cleaning, dishwashing and child care.
From October 2003 the employment of domestic workers was subject to the unpopular Employees' Retraining Levy, totalling HK$9,600 for a two-year contract. It had not been applied since 16 July 2008 when it was finally abolished in 2013. Whether foreign workers should be able to apply for Hong Kong residency is a subject of debate, and a high-profile court battle for residency by a foreign worker failed.
The conditions of foreign domestic workers are being increasingly scrutinised by human-rights groups and are criticised as tantamount to modern slavery. Documented cases of worker abuse, including the successful prosecution of an employer for subjecting Erwiana Sulistyaningsih to grievous bodily harm, assault, criminal intimidation and unpaid wages, are increasing in number. In March 2016, an NGO, Justice Centre, reported its findings that one domestic worker in six in Hong Kong were deemed to have been forced into labour.
Terminology
In Hong Kong Cantonese, (maid) and (foreign servant) are neutral, socially-acceptable words for foreign domestic helpers. Fei yung (, Filipino servant) referred to foreign domestic helpers, regardless of origin, at a time when most foreign domestic helpers were from the Philippines. The slang term bun mui (, Pinoy girl) is widely used by local residents.
In Chinese-language government documentation, foreign domestic helpers are referred to as (domestic workers) "of foreign nationality" () or "recruited from abroad" (). Although the government uses words with the same meanings in English-language documentation, it substitutes the term "domestic helper" for "domestic worker". Director of the Bethune House shelter for domestic workers Edwina Antonio has criticised the term "helper", saying that the migrants do dirty jobs; calling them "helpers" strips them of the dignity accorded workers and implies that they can be mistreated, like slaves.
History Faced with a poor economy in 1974, Philippine president Ferdinand Marcos implemented a labour code which began his country's export of labour in the form of overseas workers. The Philippine government encouraged this labour export to reduce the unemployment rate and enrich its treasury with the workers' remittances. The economy of the Philippines became increasingly dependent on labour export; in 1978 labour-export recruiting agencies were privatised, and became a cornerstone of the economy.
Increasing labour export from the Philippines coincided with the economic rise of Hong Kong during the late 1970s and early 1980s. When the People's Republic of China implemented wide-reaching reform and opening up in the late 1970s and initiated trade with other countries, Hong Kong became mainland China's biggest investor. Labour-intensive Hong Kong industries moved to the mainland, and high-profit service industries in the territory (such as design, marketing and finance) expanded dramatically. To deal with the resulting labour shortage and increase in labour costs, the female labour force was mobilised. Two-income families sought help to manage their households, creating a demand for domestic workers. Female participation in the workforce increased, from 47.5 percent in 1982 to 54.7 percent in 2013. Families began hiring foreign domestic workers from the Philippines, with the number of workers steadily increasing during the 1980s and 1990s.
Prevalence and demographics Singapore, Hong Kong and Taiwan are considered attractive destinations by those seeking employment as domestic workers. According to Quartz, Hong Kong has one of the highest densities of foreign domestic workers in the world and its pay scale is a benchmark for other jurisdictions. Since the mid-1970s, when the foreign-domestic-helper policy was initiated, the number of workers has increased to around 300,000. At the end of 2013, there was an average of one foreign domestic worker for every eight households overall; in households with children, the average is one for every three. Foreign domestic helpers are about 10 percent of the working population. In December 2014 the number of migrant workers employed as helpers was over 330,000, 4.6 percent of the total population; the vast majority were female.
Before the 1980s and increased prosperity on the mainland, Chinese domestic workers were dominant. Until the 1990s, workers then came primarily from the Philippines; the percentage is now shifting from Philippine workers to Indonesian and other nationalities. During the 1990s Indonesia and Thailand followed the Filipino model of labour export to deal with domestic economic crises, and Hong Kong families began hiring workers from those countries as well. The Indonesians provided competition, since those workers were often prepared to accept half the minimum wage.
According to the Immigration Department, in 1998 there were 140,357 Filipino domestic workers in Hong Kong and 31,762 from Indonesia.Wan, Adrian (10 November 2010). "Push to lift ban on maids from Vietnam", South China Morning Post In 2005, official figures indicated 223,394 "foreign domestic helpers" in the territory; 53.11 percent were from the Philippines, 43.15 percent from Indonesia and 2.05 percent from Thailand. In 2010, the respective numbers were 136,723 from the Philippines (48 percent), 140,720 from Indonesia (49.4 percent), 3,744 from Thailand (1.3 percent), 893 Sri Lankans, 568 Nepalese and 2,253 of other nationalities. Vietnamese are not permitted to work in Hong Kong as domestic workers for what authorities call "security reasons" linked to (according to one lawmaker) historical problems with Vietnamese refugees.
Attempts to import workers from Myanmar and Bangladesh have failed. Indonesian president Joko Widodo has reportedly said that he considers the export of domestic labour a national embarrassment, pledging that his government will end the practice. In a 2001 survey conducted by the Hong Kong's Census and Statistic Department, over half, 54.8%, of foreign domestic helpers have completed secondary studies. For many foreign domestic helpers, they consider themselves unemployed professional since they hold a secondary degree. Furthermore, 60.4% of helpers are fluent in speaking English compared to only 11.2% of helpers who speak Cantonese fluently. In February 2015 there were 331,989 foreign domestic workers in Hong Kong, of which 166,743 were from the Philippines – an increase of 7,000 from the previous year, with the number of Indonesians remaining static.
Recruitment Foreign domestic workers are recruited primarily by a large number of specialised agencies, with local firms connected to correspondents in the workers' home countries. Agencies are paid by employers and workers, and are regulated according to the Employment Ordinance and Employment Agency Regulations. Local agencies dealing with workers from the Philippines are accredited by the Philippine consulate. To hire an Indonesian worker, an employer must use an agent, whereas there is no similar requirement for Filipino workers. Although agency fees are regulated by law to 10 percent of one month's salary, some agencies in the workers' countries charge commissions and "training" fees which take several months to pay off. The Philippine government outlawed commissions in 2006, and employment agencies may only charge fees.
Employment regulations
The government of Hong Kong has drawn up rules and regulations concerning the employment, labour and conditions of stay of foreign domestic helpers. Since 2003, all foreign domestic helpers are required by law to be live-in. An employer and employee are required to enter into a standard, two-year contract specifically for the employment of foreign domestic helpers. Employer regulations include: Household income of at least HK$15,000 (US$1,920) per month for each foreign domestic helper employed A levy of HK$9,600 for employing a foreign domestic helper, for the duration of a 2-year contract (abolished 31 July 2013) Free medical treatment for the foreign domestic helper A monthly salary of no less than the minimum allowable wage (HK$4,630) set by the government
Helpers' rights and obligations include: To perform only the domestic duties outlined in the employment contract To not accept other employment during the effective period of the contract To work and live in the employer's place of residence, and to be provided with suitable living accommodation with reasonable privacy One rest day (a continuous period of not less than 24 hours) every week Minimum 7 days to maximum 14 days of paid annual leave based on length of service 12 days of statutory holidays during an entire year
Minimum allowable wage Foreign domestic workers' wages are subject to a statutory minimum, a breach of which is sanctionable under the Employment Ordinance. An employer convicted of paying less than the minimum allowable wage (MAW) is subject to a maximum fine of HK$350,000 and three years' imprisonment.
Helpers' minimum wages are inflation-adjusted annually for contracts about to be signed, and apply for the duration of the contract. They were reduced by HK$190 (five percent) in 1999. In April 2003, another deflationary period, the government announced a HK$400 reduction in pay (to HK$3,270) "due to the steady drop in a basket of economic indicators since 1999." The minimum allowable wage was raised by HK$80, to HK$3,480 per month, for contracts signed on or after 6 June 2007. Another HK$100 cost-of-living adjustment took effect for all employment contracts signed on or after 10 July 2008, increasing the minimum wage to HK$3,580 per month. The minimum allowable wage was reset to HK$3,740 per month on 2 June 2011, and raised to HK$3,920 per month for contracts signed from 20 September 2012 onwards."Practical Guide For Employment of foreign domestic helpers – What foreign domestic helpers and their employers should know", Labour Department, Hong Kong, September 2012
The MAW has been criticised by workers' and welfare groups for making FDWs second-class citizens. The statutory minimum wage does not apply to them; although the MAW is HK$3,920, a local worker working a 48-hour week would earn HK$6,240 if paid at the minimum hourly wage of HK$30 (as of 30 March 2015). The International Domestic Workers Federation has complained that the MAW rose by only 3.9 percent (or HK$150) from 1998 to 2012, failing to keep pace with Hong Kong's median monthly income (which rose over 15 percent during the same period). Since Hong Kong is a benchmark market for Asian migrant workers, there is pressure to keep wages low. Wages were also held in check by competition from Indonesian workers, who began arriving in large numbers during the 1990s. Since then, workers from other Asian countries (such as Bangladesh and Nepal) may be willing to work for less than the MAW.
Employees' Retraining Levy During a recession in 2003, the Hong Kong government imposed a HK$400 monthly Employees' Retraining Levy for hiring a foreign domestic helper under the Employees Retraining Ordinance, to take effect on October 1. The tax, proposed by the Liberal Party in 2002 to tackle a fiscal deficit, was introduced by Donald Tsang as part of the government's population policy when he was Chief Secretary for Administration. Although Tsang called foreign and local domestic workers two distinct labour markets, he said: "Employers of foreign domestic helpers should play a role in helping Hong Kong in ... upgrading the local workforce."