Although it is illegal to terminate a worker for reasons of illness; however, employers does terminate sick workers. They anyhow had no obligations to provide explanations or disclose this and they do deliberately hide this from authorities here. A one month prior notice is what an employer requires to either terminate a worker; or, break their contract.

While a penalty of HKD100,000 (623, 003 pesos) could be imposed as penalty for any employers who are found to have terminated their employee for reasons of their illness, however, to prove whether or not illness was indeed the reason is extremely difficult for terminated workers to establish. One, employer are not required to explain in details should they decide to terminate a contract as long as the one month notice is met; nor, they had obligations to continuously employ a sick worker.

As stipulated in the employment contract signed both by the employer and employee, a certification from a physician declaring a worker is no longer fit to work or unable to carry on providing services to her employer, is sufficient enough to allow any employers to effect a termination but on certain conditions. Sick workers who are vulnerable to this are those suffering from cancer requiring lengthy treatment, an illness aggravated by exhausting work.

When Marilou Galapon was diagnosed to have been suffering from cervical cancer on 7th January 2009, at first her employer offered to allow recruitment of another domestic worker to be able to be of help to her. However, later, when the new recruit’s employment visa is nearly approved as her employer had it expedited, Marilou has had sleepless nights and had to endure threats of losing her job as her employer now wants her to leave.

Her employer, contrary to their earlier agreement, had initially refuses to acknowledge their earlier agreement until Marilou sought legal assistance from the Asian Human Rights Commission (AHRC). Only after Marilou informed her employer’s wife that the latter reconsiders her plan to have her employment terminated, and agreed to comply with agreements they have had in their contract in full terms.

What Marilou did worry is apart from possibility of losing her employment, she too would worry for her treatment which according to her physician, would last at least six to eight weeks. In Hong Kong, once a domestic loses her employment status, she would be considered on a tourist visa and would be required to leave the territory in two weeks. Unlike those having an employment visa, Filipinos on tourist visa could not avail of a subsidized medication at the public hospitals here.

Thus, the possibility of an ill worker being sent back to the Philippines to die is real. Though the Philippine Consulate here does gives promise to ailing workers, who are asking for their assistance, they could help them through referrals to hospital in the Philippines for their treatment, there are no assurances this would be actually realized. To make referrals too are nothing but a ministerial duty.

As we all know, our public hospitals lacks capability to adequately respond to the treatment and needs, not only of cancer patients, back also of others suffering from serious illness but no capability to pay for their cost back home.

Apart from endorsing them to our public hospital, the Philippine consulate too promised they could have them recommended for a charitable institution, like Philippine Charity Sweepstakes Office (PCSO), to cover the cost of their treatment. But the PCSO itself had enough patients seeking their help, if not thousands of sick indigent Filipinos needing health care.

What was unfortunate is that returning sick workers are promised with assistance which in reality hardly exists. How possible is it for a returning Overseas Filipino Worker (OFW) to get any priority for treatment than the locals do at our public hospitals, like the Philippine General Hospital (PGH), when the latter is in fact overwhelmed and preoccupied with the needs of thousands of sick indigent Filipinos.

Also, I have yet to see for myself whether OFWs could actually qualify for the PCSO assistance as indigents as it is a requirement for them to be able to get free treatment. And even so, treatment for cancer is a lengthy process and I am not either certain or aware whether there exist adequate health care for returning OFWs diagnosed with cancer.

It is unfortunate that these sick workers, who most of them already spent years abroad sending money back to the Philippines, would end up themselves deprived of any assistance when they return. This scenario prompted some ill workers, some of whom have already died, to the extent of entering into an employment agreement to their disadvantage, only to be able to stay here in Hong Kong; like, they would be paid below the minimum wage; or waived any claims for salary only to avail of the subsidized medication.

This is what happened to a domestic worker, who died a year ago, upon which her family faces tremendous difficulty even to have her corpse sent back to the Philippines. This is the grim reality of how our fellow Filipinos have had to endure, not only to be able to support their families back home, but also for their own survival.

While our government strictly collects payments from overseas workers; for instance, membership fee for Overseas Workers Welfare Administration (OWWA) which cost about Php1,200 in reality the workers are largely not aware of how these funds are disburse or what their benefits are being members.

Also, although membership to OWWA should have not been compulsory, some OWWA collection officers nevertheless impress upon the workers they are obviously only to be able to collect fees. The OWWA receives no funding from the government as they operate entirely on the membership fees collected from the workers.
Thus, worker getting new contract would have to pay for an OWWA membership when they return to their worksites abroad; and this time they have also included payment for Insurance fees which cost about few hundred before a worker is issued an Overseas Employment Certificate (OEC). The OEC is a document a worker presents at the airport upon check in to avail for an exemption from travel tax worth Php1,670 and an airport tax.

The OEC is paid Php100 and is only valid for single trip; meaning, a worker would have to apply and pay for it every time he or she travels abroad from the Philippines either upon getting new contract or simply returning from a holiday. The more workers get and pay for an OEC, the more money the government collects from these; however, once again the workers are largely not aware of how these funds are spent.

Payments for OWWA membership and OEC should have been allocated to respond to the workers welfare, in particular those suffering from illness, those who meet accidents and those facing distress abroad—either related to their work or not. The fact that they are issued OECs and are members of OWWA, their welfare should have been at utmost priority; however, experiences have showed often they are not.

A newspaper report recently mentioned that many OFWs who have not renewed their contracts after the OWWA’s Omnibus Policy, a policy which restricts benefits to current OWWA members, have not been able to avail of OWWA’s various programs; for instance, the Php10,000 death assistance, the P5,000 financial aid for OFWs who get sick, and scholarship for their children, amongst others.

Also, here in Hong Kong although there is a remittance center where workers pay their contribution for Philippine Health Insurance Center (PhilHealth), they could not benefit from their insurance should they get sick here. The annual contribution fee is worth Php900. The PhilHealth discount is not accepted in any hospitals here because they are valid abroad. Thus, workers are forced to seek treatment from public hospitals which cost less but a worker should have a valid HK Identify Card.

Also, I am not aware of any PhilHealth office or their personnel posted here that should have been responsible into looking after the welfare of the Filipino workers who themselves are PhilHealth members regularly paying their contributions from here.

In reality, the workers are in practice paying not for their welfare when they get sick while abroad or falling ill due to exhausting work here. By the time the worker returns home, they lose their jobs, seriously ill or dying from illness they had acquired abroad while our own government, who sent them abroad, knew full well that they have either not done enough or failed to respond quickly at the time they are needed.

Therefore, imagine how much money, the payments for OWWA membership, OEC and PhilHealth contribution, which should have been available for ailing workers in need yet in reality they are unable to obtain adequate assistance, in particular those requiring long term treatment. Here, treatment of ailing Filipino workers largely depends on the Hong Kong government public hospital and workers donor friends.

That is why perhaps when I refuse to pay membership with OWWA for reasons of dissatisfaction to funding and their provision of services to my knowledge it certainly did surprise the OWWA collection officer. In fact, for two occasions that have applied for an OEC, they have me required to sign a waiver from OWWA membership; and it is likely that they would require me once I apply again.

The last time applied for it, an OWWA collection officer at the Philippine Overseas Employment Administration (POEA) office in Davao City took almost two hours lecturing me that I should pay on pretext that it is compulsory, sort of forcing me. She had to contact almost all heads of the offices in their region, and believe it or not, even their national office in Manila for them to tell me how obliged I am to pay the fee but I did not yield. They gave me an OEC.

Apparently it was the collection officer’s first experience in her seven years in service with the OWWA that a worker refuses to pay and to become a member of OWWA. She even tried to lecture me on what I should write in my waiver; for instance, that I and my family would never seek for any claims, amongst others, but I told her it is meaningless since non members do not get any benefit in the first place. It doesn’t make any difference either.

Even if a worker gets assistance from OWWA, they are entirely incongruent to what they should be having and getting. Thus, our government should reflect on this practical experience the workers are having. For some workers like me would have to fully convince ourselves that it is worth paying all these fees.

However, instead that this scenario should merit a critical reflection for us Filipinos to what our country has become today, to have someone in the family who works and lives abroad has unfortunately become a status symbol. This mindset has since created a scenario that is unfavorable to those Filipinos working and living overseas. It often perpetuates the false sense of having a better life forgetting the harsh realities of migration.

Sometimes relationships between the families, relatives, neighbors and friends are strained because of petty and childish mentality only to perpetuate the preconceived idea of a worker’s relative that they obtain a higher status in their community. This scenario often result to a struggling migrant worker having had to skip meals or refrain from buying his personal needs only to remit a bigger amount of money back home.

While some workers, like Filipino expatriates or permanent residents abroad, may be able to remit a bigger amount for their family; however, what is unfortunate though that is those incapable are forced to or had to meet the demands from their families back home which resulted to workers having thrown into debts. What is incomprehensible is that a worker is often asked to send money bigger than what he or she earns.

I heard of few domestic workers in Hong Kong, some of them are known to me, who had to source out extra income apart from what she earns by selling goods or working part time—which is actually illegal. There had been incidents where workers were prosecuted and jailed for violating the conditions of stay here unknown to their relatives. Worst, they would not want let their family know what happened to them. Some of the workers resorted to stealing jewelries from their employers.

To change this mindset, both on part of a migrant worker and his family back home, to live within their means is perhaps we Filipinos had to get over. Thus, not only radical change to improving employment opportunities that is needed, but the mentality and mindset of the workers themselves and their own families; and  to let them understand into accepting realities and to put themselves where they should be. This is not easy as it gets.

This is hard, but one has to do it. For instance, like what I have experience three years ago. After my sister completed her degree in education and passed teachers board, her frustrations and disappointment of not being able to get teaching employment from government made her thought to work as domestic worker in Hong Kong; and my family has repeatedly put pressure on me into finding an employer for her—which I completely disagreed.

Her experience though is also shared with other Filipino professionals who had no option but to seek employment abroad particularly when they had no one from the government, or private companies, that could help them out to get an employment.

As we all know, recruitment is often not on the merit of what one knows; but of whom one knows.  Fortunately though, my refusal to let my sister work in Hong Kong paid off. She was later recruited in the Department of Education (DepEd) as an elementary school teacher not because of whom she knows; but the merits of her qualification.

Looking back at my family’s experience, it teaches us few things: firstly, there is still hope in our country; secondly, changing mindset may be hard but may pay off. To illustrate to them the realities of how hard it is for workers to earn money abroad may help develop mutual understanding that would be helpful to both the worker and their own family. This is actually what most workers and their family struggled hard to get over.

Though it is not openly admitted, local employers have their own methods of deciding who to layoff and who to retain. Here, it is illegal to make preference to employing or retaining workers, but some could get away with it. In recent days, worker’s nationality—as mentioned above, health condition or even physical appearance—has become the preference of employers to hire workers.

The worker I mentioned had been laid off and she and her family are Hong Kong residents. She and her ailing husband have been living and working with their children who grew up here and had already adapted to the territory’s way of life. But unlike in old days, when her husband was still employed before he fell ill, their condition was better.

When she was told that her contract would not be renewed by February 2009; and that she needed to find a job, what came to mind was how would she be able to send her teenage children to school, support her family’s basic needs and to take care of her ailing husband suffering from diabetes and undergoing regular medication? Not having any job to deal with all these problems would be tremendously difficult.

Apart from Filipino Hong Kong residents who lose their jobs over local residents, there is an emerging pattern in which Filipina domestic workers lose their jobs: their contracts are either prematurely terminated or would not be renewed for reasons of their illness. Some employers would not openly admit it this; however, employers who intend not to renew their workers contract openly told their workers as they decline to take responsibility over their ailing workers.

This is what a friend of mine and herself is a cancer patient is presently experiencing. After serving her employer for six years, she was told that they are no longer renewing her contract because they no longer require her service. Her employer, however, openly admitted they would not want to take responsibility over her for reasons of her health. Thus, she needs to find a new employer before her contract expires in February

Under the law here, it is illegal to terminate workers for reasons of illness; and that employers have had obligations to ensure their workers are given adequate treatment until the duration of their contract. But the concerns that the ailing workers would be facing is not whether or not they could get their contracts renewed, but what would happen to them if they returns home and lose their job.

Losing a job would mean losing benefit of cheap health and medical care here. In Hong Kong, having a Hong Kong Identification Card, an employer and a working contract, a worker needing medication, for instance cancer, a patient would only pay HKD60 (Php365) for a blood test; and HKD80 (Php 486) for Chemotherapy—which is done every three weeks.

But in our country though, a patient would have to pay about Php25,000 per session for the cheapest Chemotherapy.

Therefore, for a domestic worker suffering from cancer to lose her job and to return home would be suicide. They would face the risk of dying for lack of medication. Also, not only she could not afford to pay for her medication she would also have to endure difficulties of being an unemployed. Thus in reality, domestic workers who are cancer patients, work no longer because of the money they could earn and sent home, but also a matter of life and death.

Unfortunately though, the Philippine Consulate here are aware of the plight of the domestic workers suffering from serious illness; however, so far there have not been any concrete intervention from their end on how they should be able to deal with this concerns. For now, workers have had to depend on the Hong Kong government’s subsidized health care to look after them because our own government has failed them.

Their illness are also aggravated by stress and the exhausting work that they do, but the government whose rhetoric calls them Bagong Bayani (Modern Heroes), if not Super Maids, in reality forgotten, if not neglected them. Our fellow Filipinos here, some may be your own relatives, have had to survive supporting their families back home, and to struggle life and death for their own survival as well.

Of these two Filipinos, one had been able to expand her business despite having no idea at all, according to a friend formerly with the Hong Kong police, for her to even apply for the appropriate license to operate her business. The other one though had to close her shop after being caught committing wrongdoings by collecting money for her illegal lending activity.

While getting license to operate and to run a business according to the nature of business that was applied for back home is least of the businessman’s worry, in Hong Kong it is otherwise. One could not just open and start running a business without having prior permits; and once the operator is given a permit the compliance to its condition is strict otherwise one loses his business.

Failure to comply to the license term is was resulted to a Filipino shop I had earlier mentioned to have been ordered closed. Though her shop was then selling Philippine products, she also moonlights as creditor by lending money with interest to fellow Filipinos. In Hong Kong, lending money, regardless of amount, is a criminal offense in absence of a proper license.

She, however, was caught by accident when a bypassing police officer saw lists of the amount and names of persons who owe her money posted in front of her shop. The police, upon seeing the list questioned which subsequently led to her being prosecuted. It was obviously her desperate attempt to collect money from bad debtor.

In our country, this strategy of naming and shaming debtors to collect money pays off, like what the store owner of a small store in Samal Island did few years back, but in Hong Kong it does not.

In contrast though, the other Filipina, whom my friend described to have either little or no idea regarding the legalities of doing business, has already sought for his help for the processing of getting a appropriate license as she intend to expand her business. She had been earning about HKD20,000 a month only for selling phone cards and other communications products, which obviously far better than the minimum wage of HKD3,580 for domestic workers are earning.

This Filipina businessman, who had so far succeeded, however, had since obtained a residency thereby being able to operate a business.

Thus, it is not only the knowledge of the products and services the business persons should have to succeed in their craft; however, it should also mean that a change in mindset is required: that for us Filipinos to operate business in foreign land one may not be able to get away from committing wrongdoing as what it usually happens back home; and that one would be held to account once they cover their illegal activities by making their shops as fronts.

It means what business as usual at back home may not in foreign countries.

While a friend of mine was seated as we chat over drinks of beer, my presence in front of the already closed shop located in one of the districts in New Territories in Hong Kong reminded me of a store back home. In our hometown in General Santos City, for instance, I came to know one of the many small stores operating as fronts to collect bets for illegal numbers game, last two digits. What was obviously pathetic was that the policemen’s presence were not meant to have those doing illegal activities stopped or prosecuted but they were there to let them continue doing it; and to protect their interest by being paid off.

In that place, after the police raided the small store collecting gambling bets, few days later what they did were just to install plywood covering in front of the store obviously to conceal the illegal gambling activities from public view. Despite having their store already raided few days before, it took them no time to resume their activities, now with police protection.

This, perhaps, is what motivated that Filipino businessman that I mentioned earlier whose business ended up being closed for getting involved in illegal lending activities. Filipinos, or any foreign nationals, should have thought that some business in their countries may not be business as usual in foreign countries, like in Hong Kong.  Having an effective law enforcement system does protect reasonable business interest.

The either absence or lack of it though would result to business owners blatantly committing business related criminal offenses without being held to account. This, too, includes violations they are committing upon the workers whom they employ. Therefore, to effectively enforce laws do protect the businessman’s, the workers and the government’s interest.

The experiences of Filipinos I had came across on Christmas Day speaks to the irony of life that we Filipinos had been living. It was the stories of a family 16 Filipino tourists who had just arrived from Manila to spend a holiday here, and that of the group of domestic workers—two of whom are cancer patients and one had just been terminated from her job.

While waiting for a ferry ride from Hong Kong Island to an outlying island, Lamma Island, a place best known for its breathtaking coastal scenery and delicious seafood restaurants, a colleague of mine, was approached by one of the family of Filipino tourist spending Christmas holidays here. It was not surprising for him to be approached by Filipinos as he himself is a known person back home.

As this tourist chatted with my colleague, she introduced herself as a medical doctor from Manila. She was with her husband, who is also a medical doctor, and that they were together with their over a dozen of grown up children and their relatives. It was their first holiday abroad, according to her—which was obviously an expensive trip that a salary person could not afford, particularly the plane ticket.

Soon after arriving at a house of one of a friend in the island, the mobile phone of one of the workers ring. The one calling was a distraught domestic worker asked to leave from her employer’s house penniless—no money to buy food to eat and to transport her belongings to where she is moving—after having been terminated. She had to refer her to an organization providing assistance to troubled workers since we are too far from her and that the Consulate was closed for holiday.

As we get settled at a friend’s house, the domestic workers—two of whom are cancer patients and others had been working here for over a decade, had began opening themselves up of how disappointed they are to how their husbands, children and families are treating them: they felt more as a source of money than as a wife, as a mother and as a human worthy of a humane treatment. They felt being a commodity instead.

It was a spontaneous and an unexpected sharing about the sad realities of the cost of migration and of effects of working separate from their families. At least five of these domestic workers have already been separated from their husbands—one of whom have opted not to speak to her husband again and never returned home since the last three years; and they all had to support their children and relatives by themselves.

The experiences of these workers and the plight of their families back home are hidden and unspoken realities of how domestic workers survived and had to live their lives here. Having had families broken and separated from their husbands had become the way of life for workers here.

The perception on broken families and adulterous relationships are no longer a taboo or surprising as it is back home, but rather an accepted outcome that a worker should be ready to accept. Not only workers had to endure financial hardship due to demand back home, they too had to survive physical, psychological and emotional stresses as a byproduct of their decision to work here.

And, in fact, family disputes and legal fight, is one of the pressing concern most of the workers are facing—as mentioned in a local newspaper report here recently. Legal separation, partition of conjugal properties and custody over children, are among the common problem the workers sought legal advice for. The cost of migration has obviously taken a toll on workers and their families.

Also, the level of inequality does not only occur back home but is also visible and spreads across overseas. In our country, domestic workers and their families may have been perceived as better off; but actually not as they are seen here. Here, they are neglected, discriminated against and are treated implied as commodities—even by their own families whom they support back home.

On that Christmas day illustrates the ironic story of was of a family of Filipino tourist who had traveled and spent holidays abroad while a worker, who had lost her job on that day, was penniless and could not even afford to buy food to eat.

While some of Filipinos are lucky to be able to afford taking holidays here in Hong Kong, others, could not even pay for a meal to eat on the day that is known back home as feast. Had it been in our country, she would have been able to eat and food is not a problem; but not here where Filipinos are the minorities.

Here, on that day, I thought Christmas has become synonymous to money and suffering.

At a discussion group held last Sunday, December 15, which was attended by FDHs from the Philippines, Indonesia and Thailand and also local helpers, it appears that though the majority of abuses are perpetrated upon foreign helpers, this group felt they are better-off compared to their local counterparts. Local helpers in Hong Kong, as in the Philippines have little or no legal protection at all. They have no minimum wage, no social and health insurance coverage or others benefits.

While foreign helpers are paid a monthly minimum wage of HKD 3,580 (Php22,076) upon signing a contract (although, in reality some are not actually receiving the full amount, locals are paid only HKD 2,800 (Php17,266) a month. In Hong Kong local helpers, unlike FDHs, do not reside at their employer’s homes, they have to shoulder their own food and accommodation expenses. Furthermore, the work the same exhausting hours that FDHs work with the additional traveling time. Like the FDHs, they are expected to work overtime without extra pay or time off in lieu.
In Hong Kong, a worker is only covered under the policies governing the Employment Ordinance (equivalent to a Labor Code in the Philippines) if a worker has rendered 18 working hours a week in any one month. But their employer can always get away with it by reducing the number of their helper’s working hours either on the fourth week or in between to exempt them from the Employment Ordinance.

Some local helpers perceived foreign helpers to be rivals who have snatched their jobs. However, what makes the local helpers in Hong Kong better off than the local helpers in the Philippines is that even though here they lack legal protection, they can make complaints against abuses committed by their employers (sexual abuse and harassment) through a labor union. In the Philippines labor unions have been all but ruined and their leaders are targeted for extrajudicial killings.

Helpers in the Philippines are frequently raped and impregnated or sexually abused either by their employers or the latter’s sons. They, too, often find themselves being trapped with no means of redress or remedy should they decide to make complaints. They are at the mercy of their employers, which sadly, are often their own wealthy relatives. No one provides them legal aid, offers rehabilitation or assistance; thus often they are forced to accept their plight.

Therefore as far as the situation in Hong Kong is concerned, it is not about who is better off but about the fact that the situation illustrates the utter neglect on part of both the State and the society for the rights and welfare they should be receiving like anyone else.

However, the reality is there is nothing either in domestic laws or the international instruments that provides legal protection particularly for domestic helpers. Although the Committee of the Economic, Social and Cultural Rights (ESCR) of the United Nations has already laid out the principles in February of this year regarding the obligation of the State and the non State actors to protect the “informal workers”, which included domestic helpers, basic protection for their social security has yet to be effectively implemented by governments.

In the Philippines there is no law that protects domestic helpers. The Domestic Helper Law (House Bill 2311), so far remains pending in Congress. The proposed law requires helpers to have an employment contract with 13 months pay, maternity and paternity for women and males respectively, amongst other things.

Some of the employers though are good enough to offer their helpers Sundays as their rest days, schooling and allowances. In the Philippines there is a common agreement that helpers receive a monthly salary of Php 3,000 and Php 1,500 for those working in urban and in rural areas respectively. A domestic helper would be lucky enough to get a Social Security System (SSS) contribution paid by their employers; or their hospital bills for sickness and health insurances covered.

Thus, what happened last Sunday, explains the need to have more discussions amongst local and foreign helpers regardless of where they are working. To have legal instruments, particularly in the country’s domestic laws promulgated that acknowledge legal protection for helpers and recognition is a need. It would not only acknowledge their contribution as an informal work sector of our society but uphold equality on the right to work. Otherwise, our societies would become complicit or turn a blind eye to this.

By June of next year, the International Labour Organization (ILO) will have its regular conference whereby a Convention for Domestic Helpers is being sought to be acted upon. Last Sunday’s consultation amongst local and foreign domestic helpers should hopefully commence a series of consultations here and in the Philippines in drafting the Convention.

This also concerns, not only for the foreign and local domestic workers here, but also helpers, kasambahay or katabang, as they are called in our country. We encouraged those concerned for the welfare and protection of domestic workers and even the domestic workers themselves to share their views at: dayo.hongkong@gmail.com

For workers to get pregnant here they are left with choosing between giving birth to a baby and the families to feed back home. However, for them to carry on giving birth and to carry on their pregnancy while working often cost a tool. It is financially, physically and psychologically costly on expecting workers.

Though it is no longer a surpise for married women to return pregnant after spending holidays from backhome; however, not only the fear of getting terminated from work but also of how their employers are treating is discriminating. They had either no adequate legal protection or moral support that expecting women needed to have.

Thus, often not only the employers but also some of the workers themselves have developed a mentality that getting pregnant—whether they are married or not—is seen as burden. These are realities most people tend to ignore it does exist; it is swept under the rug or put in dark closet creating an environment discriminatory on women. It was making a make-believe that women should either never get pregnant or could not impregnated.

Apart from married women returning from holiday unexpectedly pregnant, illicit relationship of women and single women having relationship here also results to pregnancy. If it is already complicated for married women impregnated by their husbands, expecting women impregnated from illicit relationship; and singles having relationship is often more difficult.

In Hong Kong, though it is illegal to terminate workers for reasons of her being pregnant; however, often in reality they lacked adequate protection from being discriminated against. Some employers tend to terminate them at the early stage of their pregnancy for reason of the worker’s inefficiency, not because of her pregnancy. Thus, expecting workers are often left with no choice but to play hide-and-seek with their employers.

When a worker is able to withheld her pregnancy for several months, she may later have an option of going back home is she tells her employers she’s pregnant. Her employers would then be required to allow her to return home and to continue paying her salary until she gives birth and returns to Hong Kong to continue working.

They, however, are often only allowed to return home on their sixth or seventh month pregnancy which means they had to carry on working their vulnerable stage of pregnancy. Employers often wanted to exhaust their workers into working hard before letting them return to give birth where they too had to continue paying her salary. For employers to pay for salary of their worker and for them to take responsibility of paying for and finding temporary replacement are options that they are reluctant of doing.

However, if the employer and worker both mutually agreed to allow the worker to give birth in Hong Kong the former would be required to pay for the worker’s hospital expenses in giving birth and prenatal care—which is extremely expensive here. The cost of normal delivery at hospitals for non-resident, this includes domestic workers, is at least HKD40,000 (Php246,000). Some of the employers are good enough to cover the cost, however, often they are not. This also leads to employers discriminating against and had changed their treatment on their worker.

This is what happened to a worker whom I met recently. Her employers had her locked inside their apartment, deprived her adequate food and rest; and they too completely changed their treatment on her from being kind to discriminatory. Her pregnancy, which is born out of illicit affair, had also added pressure on her to carry on her pregnancy while working.

Neither she could return home to give birth, nor could she afford to pay for her hospital bills once she decides to give birth here.

Apart from pregnancy born out of illicit affair, newly married women returning to Hong Kong unexpectedly pregnant shares the same experiences with others. A newly married young women whose story I came across recently illustrates how far could our fellow countrymen endure only to support families back home. I could hardly imagine that newly weds, who are supposed to be raising their families together, had to separate because the wife had to work.

I thought these are the realities that our fellow Filipinos, whose sisters, mothers, aunts and grandmothers, works abroad should reflect deeply. To ignore their needs as if they are not humans like anyone of us is an insult to injury. They should realized that the value of these worker’s lives and the child they are having should also be given attention; not about money and perks alone.

Since the draft Code was made public, the EOC has been holding public consultation since 13 October 2008 and until 8 December 2008 seeking any comments of feedback from the public, in particular the ethnic minorities, including Filipinos, who are working and living in Hong Kong.

Please read through the RDO and the Code for better understanding of this law and proposed Code of Conduct respectively. The RDO though is seen somehow by some human rights groups as lacking tooth and full of loopholes thereby permitting perpetuation of discrimination.

Thus, your views are required in shaping better the policies which provides protection for ethnic minorities in the working places. Those interested in this Consultation are encouraged to join.

Few months ago, six Filipina domestic workers were convicted and subsequently jailed for several months. Their offense was aggravated by financial needs. A local Magistrate’s Court had them convicted for charges of violating their conditions of stay, the anti-hawking law (local term for illegal vendors) and for selling counterfeited goods after they were caught selling Digital Video Disc (DVD) movies.

In Hong Kong, foreign domestic workers are prohibited from engaging in business or employment other than their employers. If in our country you can find foreigners operating money lending businesses without appropriate permits, or local people laying down their gems and stones along streets for cheap prices; doing so here would have tremendous consequence.
But nevertheless, pressing needs and demands from back home force foreign workers to play cat and mouse with the police. Some may not be lucky and be arrested, charged and detained, but others choose to remain, doing their business by taking precautionary measures despite of the real risk. Those convicted for criminal offense would be deported after serving their sentence and would no longer be allowed back into the territory.

In doing this risky business, most of them have already developed their own style. Scenarios of men and women, carrying bulky luggage, are usual sights during Sundays at the populated areas in Central on Hong Kong Island. They are not holiday makers, nor are they going to or coming from the airport; they are foreign workers selling goods which they carry around inside their bulky luggage to avoid getting attention. It is not easy to distinguish them.

It is only when they approached you that you come to know they are selling goods. Others take seats and wait for their regular customers who are also fellow domestic workers who want to buy cheap meals, coffee and snacks to eat while sitting on pavements along the streets or in parks. But before giving you the food or goods you wanted to buy, they would at least asked: para kanino (for whom)? It means they wanted to make sure they’re not selling them to the wrong person, or informants.

Being charged with criminal offenses is just one of the horrible things that a Filipino worker could get into here. Like the case of one of the six Filipinas whom I have already mentioned earlier who were charged for violating her condition of stay, anti-hawking and for selling the DVDs. Had she not been helped by her employer, who shouldered the cost of her legal expenses and other expenses for her case; it should have been tremendously improbable for her to make her defense which is often the case with some of the Filipinas facing charges.

Although there is a legal aid service in Hong Kong if one does not have somebody to give them guidance it can be difficult to obtain it. Also the Legal Aid Department works on a merit system. If the case is simple and the arrestee obviously guilty they simply will not take the case.

There are migrant groups who provide assistance to foreign workers but most of the legal services they provide are on matters regarding labour conflicts, abuse and breach of contract between the employers and the foreign worker, but often not on cases where a worker is charged with criminal offenses.

The lack of, or inadequate legal assistance for domestic workers, including the Philippines Consulate here, have also aggravated the problem. Perhaps, the increasing number of cases, according to a newspaper report, involving foreign workers charged with criminal offenses, should explain the urgent need of establishing an effective and adequate legal aid scheme for workers charged with criminal offenses. But it this may not come anytime soon.

In a foreign land where culture and local practices, as well as the implementation of laws is different from what we have knew back home, where one can get away with selling counterfeit DVDs and violate condition of stay, adequate attention should also be given to those in need of help for committing violations here.

However, often, apart from being forced into a situation and having to struggle to make ends meet, the mentality and mindset as well, aggravated by the urgent financial need, convinces people that they can get away with committing a crime easily, is what adds to of causing a serious trouble.