Visa ban on Nepalese leads to abuse and discrimination
“My previous employer knew about the visa ban so he would always threaten to terminate me if I did not do my job well. I tried very hard to please them but to no avail. I was still terminated. I was so scared and worried because I had only 2 weeks to look for another employer. Eventually, I had to agree to $ 1,600 salary, a much reduced amount compared to my previous salary of $3,400, because I ran out of time to find a new job.” An interview with a Nepalese migrant worker in HK From Chitwan, Nepal
The Asian Migrant Centre in collaboration with the Far East Overseas Nepalese Association (FEONA) conducted a study among Nepalese Domestic Workers (NDWs) from April to June 2007 in Hong Kong about their working and living condition. 158 NDWs survey respondents and 30 focus group participants and key informant interviewees took part in the study using random sampling in designated areas and snowball sampling methods. The following are the important findings from the study:
Visa Ban on Nepalese Workers
81% of the Nepalese Domestic Workers (NDWs) surveyed identified the visa ban as their most pressing concern followed by underpayment (18%) and then fear of dismissal (1%).
Despite the position given by the HK government about the visa policy implemented since 2005, the real reasons remain unclear to concerned groups and individuals.
The visa ban had caused anxiety and stress among the NDWs. Many expressed being personally affected (86%) such as being worried and insecure (43%), some were both threatened and felt unsafe (25%), 11% was threatened by employers and 4% was terminated and therefore struggled to find new employment during the two-weeks that they are allowed to stay in Hong Kong.
Rex Varona, Executive Director of Asian Migrant Centre opines that “the visa ban is discriminatory against the Nepalese. Moreover, the ban encourages further exploitation and abuse among the NDWs, mostly women, as they would endure the abusive treatments of employers due to fear of termination and eventually leaving HK without hope of coming back for another job.”
Underpayment
Rampant underpayment had been shown with 61% of the respondents receiving lower than the minimum allowable wage (MAW) of $ 3,480. If MAW were $3320, the rate 2 years ago, the underpayment rate would be 49%. The survey respondents disclosed a salary range between $ 1,200 and $ 7,800 with one-thirds receiving 2,000 to 2,500 dollars.
Underpayment is a serious issue among the NDWs along with other contract violations and premature termination. It had been suggested in the interviews that around 70% of NDWs experience underpayment in their first contract. Participants in the FGDs described the ways by which employers practice underpayment while avoiding legal troubles. Some would ask DWs to sign receipts indicating legally prescribed salaries for 24 months. Others would open bank accounts on behalf of the NDWs and they would control the transactions such that that they would deposit the full salary but would only give the workers cash for underpaid salaries.
Despite underpayment, the NDWs would still continue working for Hong Kong employers. They would rather endure their current predicament than return to a life of poverty in their home country.
“While employers are very demanding and treat DWs in slave-like manner, when it comes to pay they would always compare it to the wages at the sending countries. Worse, sending governments and recruitment agencies directly and indirectly support this. We therefore demand strict implementation of minimum wage law for migrant domestic workers”, said Syam Maya Lama, Chairperson, Union of Nepalese Domestic Workers.
Excessive Agency Fees
Employment agencies continuously commit unlawful acts in Hong Kong. In a rush to beat the 2-week rule while looking for new employers, NDWs would resort to paying amounts in excess of the 10% commission prescribed by HK law. The interviews revealed payments ranging from HK$ 1,500 up to 10,000.
Before leaving for Hong Kong, NDWs plunge into indebtedness, resort to selling properties and borrowing heavily to pay HK$ 5,000 to 18,000 to the agencies. Some went through salary deduction schemes and spent 8-10 months to pay off debts.
Working Hours and Rest Days
According to Hong Kong law, domestic workers must receive one rest day each week. Even though most (82%) could enjoy a day-off per week, 10% was only given 2-3 days per month and 8% could not take off at all.
NDWs work for an average of 14 hours a day, with majority (48%) working for 13-16 hours, 32% for 8-12 hours and 20% for 17-19 hours.
52% received 10-13 hours of work, almost one third (27%) was given 6-9 hours off and only 7% could enjoy the full 24-hour rest time. If rest days were not provided, 30% was never paid while working during their rest days. 48% was always compensated, 20% received compensation sometimes and 2% rarely.
A high percentage (43%) was never given statutory holidays. The survey showed that 47% of the respondents received all statutory holidays, 4% had 3 or less days, 1% had 6 or less, 3% got 9 or less and, 2% had 11 or less holidays.
For more information or to arrange an interview, please call Shella Zagada 23120031,
or Satya Ghale 60961203,
