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Hong Kong: FADWU Survey on Disability Discrimination Ordinance

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by IDWFED published Jun 28, 2020 12:00 AM
During this COVID 19 pandemic, FADWU has conducted a survey related to the Disability Discrimination Ordinance. Under the COVID-19, Migrant Domestic Workers suffer from different difficulties, such as discrimination and unfair treatment. The survey objective is that we want to know more about their situations, feelings, and knowledge of the Disability Discrimination Ordinance, specifically related to COVID-19. FADWU has collected the anonymous questionnaire and understands more about the situation of migrant domestic workers.

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During this COVID 19 pandemic, FADWU has conducted a survey related to the Disability Discrimination Ordinance. Under the COVID-19, Migrant Domestic Workers suffer from different difficulties, such as discrimination and unfair treatment. The survey objective is that we want to know more about their situations, feelings, and knowledge of the Disability Discrimination Ordinance, specifically related to COVID-19. FADWU has collected the anonymous questionnaire and understands more about the situation of migrant domestic workers.

The survey was conducted in May to early June 2020, with a total of 427 respondents from four nationalities migrant domestic workers (Filipinos, Thais, Nepalese and Indonesian); 423 females and 4 males.

1/ More than 80% of interviewees feel more discrimination amid the pandemic


Under COVID-19, more than 80% of the migrant domestic workers feel more discrimination. They feel being discriminated in public places like in the market, on the street, at public transportation, and even at employers’ houses.

Some workers were scolded when they accidentally touched someone, the people surrounding them looked at them with scary eyes seems like the workers are the carrier of the virus. Some employers will ask them to shower and wash their clothes after they went to the market.

2/ 78% of the interviewed workers do not know about discrimination ordinance, nor Equal Opportunities Commission as a part of Hong Kong Government Body.


Despite the Equal Opportunities Commission claimed they had put effort into raising the awareness of discrimination ordinance among migrant domestic workers,  FADWU finds out around 78% of migrant domestic workers do not know about discrimination ordinance, while 74% of them did not know how to complain when facing discrimination.

3/ Some Migrant domestic workers were terminated after taking rest days, as they were assumed being infected


Some employers terminated their workers right after taking rest days which they assumed that the worker was infected with the virus Covid-19. One Indonesian worker was terminated in March 2020 due to the COVID 19. She arrived in Hong Kong in February 2020 and only worked for around 2 weeks, and was early terminated in March, even after the swab test for COVID 19 came out negative.

Another Nepalese worker was fired as he went to the hospital for a medical appointment on his day off in February. The worker has hypertension, and he felt extremely unwell before the appointment. The employer denied his request to go out even though the check-up is on his day off. After the worker finished his medical check-up, he was terminated.

Apart from this, migrant workers also faced termination during home leave, upon arrival in Hong Kong or after the 14-day quarantine.

4/ More than 80% of interviewed workers do not receive any and or enough information in their own languages


83% of the Migrant Domestic Workers do not receive any and or enough information regarding Hong Kong Government policy in their languages, including the Discrimination Ordinance in relation to COVID 19.

When workers arrive in Hong Kong, they are given quarantine guidelines either in Chinese or English. However, not all domestic migrant workers could read English and they could hardly understand the arrangement and guidelines of quarantine.

Access to accurate information is crucial under the pandemic. It does not only help workers to protect themselves but also for the sake of the general public. The government should provide quarantine information in different languages for different nationalities to arrive in Hong Kong.

5/ Some workers did not get paid during the quarantine period


14-day quarantines become an essential requirement for migrant domestic workers, however not all the workers get paid during their 14-day quarantine. In the past, workers who have a contract start calculating their salary upon their arrival in Hong Kong. However, as workers need to be quarantined for 14 days, many of them were not getting paid during the quarantine period.

Many workers are now facing financial difficulties as they postponed to come back Hong Kong for several months. They have zero income for months and have to spend extra money on quarantine in their hometown, preparing documents for visas.

6/ Working hours increased with more workloads during COVID-19


During the pandemic, the working hours and workload of domestic workers increased. Some employers give more tasks and MDWs increased responsibilities and the task at household, especially on hygiene to protect families of employers. Before the COVID 19, the workers mostly worked for 10 to 15 hours a day, but during the COVID 19, most of them have to work for more than 15 hours a day.  For those who usually have a break time before COVID 19, they do not have a break time anymore during COVID 19.

Employers demand their workers to go to the wet market every day and other outside errands.  Some employers did not give their workers protective materials like masks, hand sanitizers, gloves, etc to protect their workers.

FADWU demands:

  1. the Equal Opportunities Commission to set up a task force group to proactively study the situation faced by migrant domestic workers under COVID-19 and impose measures to tackle discrimination;
  2. the Equal Opportunities Commission to liaise with different government departments, especially the Labour Department and the Centre for Health Protection in issuing proper guidelines, proper public education, information, and statement with mindful attention to discrimination issues.
  3. the Equal Opportunities Commission to monitor discriminatory actions and comments by the public, and issue public statements or warnings accordingly.
  4. the Equal Opportunities Commission to liaise with the Centre for Health Protection in issuing proper quarantine guidelines in different languages for ethnic minorities.
  5. the Equal Opportunities Commission to develop guidelines for employers of domestic workers to ensure non-discrimination and respect of rights of domestic workers.

Hong Kong Federation of Asian Domestic Workers Unions
28 June 2020

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香港亞州家務工工會聯會
外籍家務工與歧視條例的問卷調查
新聞稿


在肺炎疫情期間,香港亞州家務工工會聯會(下稱FADWU)與427名外籍家務工進行一份關於殘疾歧視條例的問卷調查。受疫情影響,外籍家務工遇到不同挑戰和困難,包括面對歧視和不平等待遇。這份問卷的目的是了解在疫情之下家務工的處境、感受和對殘疾歧視條例的了解。FADWU收集到了四百多份匿名問卷,並了解更多關於外籍家務工疫情下在香港的處境。

本問卷是在2020年5月至6月初進行,一共訪問了427位來自四個國家的外籍家務工(包括菲律賓、泰國、尼泊爾和印尼),受訪者共有423名女性和4名男性。

1/ 超過八成受訪者認為在疫情中受到更多歧視


超過八成外籍家務工認為在疫情期間受到更多歧視。他們在公眾地方,例如街市、街道上、公共交通工具中感受到被歧視,有些甚至指在僱主家中也被歧視。

有些工友指他們不慎碰到其他人時會被大聲喝罵,又或是周邊的人的眼神視他們當成肺炎患者一般,有些僱主會嚴格要求他們每次外出(如去完街市後)需要回家洗澡和洗衣服。

2/ 78%的受訪工友不知道歧視條例或知道平機會是本港法定機構


 
雖然平機會稱他們已經有向外籍家務工宣傳歧視條例,但FADWU的調查發現有78%的工友指他們不知道有歧視條例,也不知道平機會是香港的法定機構111,而74%的工友不知道當遇到歧視時如何進行投訴。

3/ 有些家務工因放假外出被假設受感染而遭到解僱


部份僱主因為工友假日外出而認為他們有可能受感染,因而解僱他們。一位印尼工友三月時因為肺炎疫情而被解僱。即使她的病毒測試呈陰性,但她的僱主仍堅持解僱她。

另一個個案是一名尼泊爾工友因為需要回醫院覆診而被解僱。這位工友患有高血壓,而且他在覆診期間前夕感到極度不適。即使他覆診的日子是他的假期,但僱主仍不讓他外出到醫院。當這位工友覆診後,僱主便解僱了他。

除此以外,有些外籍家務工在回鄉、返港或者隔離14日期間亦面臨解僱的風險。

4/ 超過80%受訪工指缺乏以其母語提供的防疫資訊


83%的外籍家務工指他們沒有收到任何以其母語提供的政府的防疫資訊(包括歧視條例與肺炎的關係),又或是收到的資訊不足。

當外籍家務工來港時,他們會收到一份以中或英寫成的防疫隔離指引,但並非所有外籍家務工都能夠閱讀英語,因此有部份人難以理解隔離安排和相關指引。

抗疫期間,工友能夠接收到一些正確的資訊是至關重要的。這不但能夠讓他們能夠保護自己,也對公眾健康有正面作用。政府應該為抵港的少數族裔提供不同語言的隔離資訊。

5/ 工友在隔離期間沒有工資


現時14天隔離檢疫已成為外籍家務工來港工作必需完成的要求,但並非所有工友都能夠在這段期間取得工資。以往有合約的工友是由抵港那天開始計算工資,但是,由於他們現時需要隔離14日,很多僱主在這段日子是沒有計算工資。

由於疫情關係,許多工友都延期回港工作,數月沒有收入,再加上他們需在家鄉付額外開支作用檢疫和辦理簽證,很多人現時都面對重大的經濟困難。

6/ 疫情期間工時加長,工作量更多


在疫情期間,外籍家務工的工時和工作量都有增加。有些僱主要求工友負責更多清潔衛生工作,以保障家人安全。在疫情之前,大部份工友每天工作10至15小時,但疫情期間,他們多需要工作超過15小時。有些工友在之前會有休息時間,但疫情期間便不再有休息。

有僱主要求工友每天到街市或其他地方辦事。有些僱主沒有為工友提供個人防護裝備,例如口罩、搓手液和手套等等。

FADWU 要求:

  1. 平機會設立專責小組,主動研究疫情下外籍家務工的處境,並落實措施處理歧視。
  2. 平機會與衛生防護中心合作,發佈不同少數族裔語言的防疫隔離指引。
  3. 平機會與不同政府部門合作,特別是勞工處和衛生防護中心,發佈一些與歧視相關指引、公眾教育、資訊和聲明。
  4. 平機會需時刻監察社會上有否相關的歧視行為或語言,並就這些歧視發表公開聲明或警告。
  5. 平機會發出相關指引予僱主,以確保外籍家務工不會受到歧視,以及其權益獲得尊重。

香港亞州家務工工會聯會
2020年6月28日

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