Unveiling The Struggles Of Hong Kong's Invisible Workforce

• Published date: 19 March 2024
• Law Firm: Lewis Silkin
• Author: Gladys Ching

According to government statistics as of 2022, there are more than 338,000 foreign domestic workers ("FDWs") in Hong Kong, which accounts for almost 5% of Hong Kong's population. Nearly 10% of households in Hong Kong depend on FDWs for housekeeping and to look after their family members. As such, FDWs are more than just employees; they are the backbone of many households. However, despite the significant role they play in our society, FDWs face a myriad of challenges. This article explores the legal and social challenges they must navigate.

Challenges Faced During Illness

The Employment Ordinance ("EO") prohibits termination of employment when an employee is in receipt of sickness allowance and the EO applies to FDWs. An employer who unlawfully dismisses an employee under these circumstances is subject to prosecution and upon conviction, may be ordered to re-engage the employee or pay legally required termination payments to the employee. The employer may further be liable to a fine of up to HK$150,000.

However, a recent case highlights the inadequacy of the EO in affording protection to FDWs.

Joan Sarmiento Guting was an FDW. She was diagnosed with cancer and other serious illnesses. During her employment, her employer allegedly deprived her of sufficient food, mistreated her in other ways and then, fired her after she was discharged from hospital. Joan then returned to the Philippines but unfortunately died after returning home.

The employer is currently being sued in the District Court and asked to pay compensation of over HK$580,000 but on the ground of disability discrimination; not for breach of the EO. Joan had previously tried to sue her employer for unlawful and...