Over 350,000 migrant domestic workers in Hong Kong take on vital caregiving roles, yet many face unfair treatment when they fall ill. Advocacy groups report that since 2020, 195 migrant domestic workers diagnosed with cancer or other serious illnesses have sought help. Of these, 30% were illegally dismissed, while many of the 67 who retained their jobs faced exploitation, including unpaid wages, being forced to use rest days for medical appointments, or covering their medical expenses.
Some ill migrant domestic workers were forced to take “annual leave” instead of sick leave, and others were dismissed and had to file complaints with the Equal Opportunities Commission (EOC). In one case, a migrant domestic helper waited six years for a hearing, only to pass away before her case was heard. Support groups urge the government to strictly enforce labour laws and allow dismissed migrant domestic workers to continue accessing public healthcare at subsidised rates while pursuing claims.
195 Cases of Severely Ill Migrant Domestic Workers – Only 67 Allowed to Stay for Treatment
The Hong Kong Federation of Asian Domestic Workers Unions (FADWU) and the Filipino Migrants Cancer Support Society Hong Kong (FilMCaSS-HK) revealed that 195 cases of ill migrant domestic helpers have been reported since 2020. Among these, 30% were unlawfully dismissed due to health issues. Only 20% of cases were reported to the Labour Department or the Equal Opportunities Commission (EOC), with just 10% succeeding in their claims.
Among the 195 cases, 52 workers have passed away, 42 returned to the Philippines, and 34 lost contacts. Currently, only 67 workers remain in Hong Kong for treatment. However, these workers still face various forms of exploitation:
- 7 were denied wages.
- 30 had to cover their medical expenses.
- 13 had only partial medical expenses covered by employers.
- 14 were forced to use their rest days for medical appointments.
- Only 10 received full employer support.
Some workers left voluntarily after discussing their conditions with employers, while others were dismissed immediately after their sick leave ended to avoid violating labour laws. Many struggled to find new employment due to their health conditions. Advocacy groups condemned these dismissals as inhumane and discriminatory, with some workers even being dismissed at midnight.
Cases of Exploitation
Dhay Dhay, a 51-year-old diagnosed with stage 3 breast cancer in 2020, was forced to use annual leave for a 21-day treatment and had to pay out-of-pocket for medical check-ups after switching employers. Despite her employer purchasing medical insurance, Dhay could not claim any medical expenses. She chose not to file a complaint to avoid jeopardising her job. Asked why she did not file a complaint, she said, “I want to keep my job, so I didn’t want to ruin my relationship with my employer.”
Baby Jane Allas, a single mother diagnosed with stage 3 cervical cancer in 2019, was dismissed while on sick leave. Although she received HK$30,000 in compensation from the Labour Department, her case with the EOC remains unresolved six years later. Tragically, she passed away in 2020, before her family could receive closure. Her sister, Mary Ann, hopes for a hearing in 2024, stating, “My family cannot fully move on until this is settled.”
Dismissed Sick Workers Lose Access to Public Healthcare
Under the Employment Ordinance, employers cannot dismiss workers on paid sick leave. The Disability Discrimination Ordinance also prohibits dismissal based on an employee’s health condition, including cancer.
However, Janice, chairperson of FilMCaSS-HK, explained that once a migrant domestic worker is dismissed and lose their work visa, they are no longer eligible for subsidised public healthcare. As a result, chemotherapy, which originally costs HK$80 per session, can rise 64 times to over HK$5,000, making it unaffordable.
The organisations highlighted that the Labour Department and EOC’s claims processes are lengthy. While some migrant domestic workers are granted visa extensions while seeking justice, they struggle with expensive medical fees, job loss, and homelessness. Many are forced to return home—some passing away before their cases are resolved.
Advocacy Groups Demand Stronger Protection for Migrant Domestic Workers
The advocacy groups urge the government to:
- Strictly enforce labour laws to prevent illegal dismissals and exploitation.
- Allow dismissed sick migrant domestic workers to access subsidised public healthcare while pursuing claims.
- Raise awareness of migrant domestic workers’ rights and provide better legal support.
Source of info.: InmediaHK, The Collective, MingPao