Foreign maids hit decision to exclude ongoing contracts on suspension “A heartless decision”

by Eni Lestari


“With the exclusion of ongoing contracts in the suspension of the levy, the HK government has once again shown how heartless it is when it comes to foreign domestic workers,” this was the statement of the Asian Migrants Coordinating Body (AMCB) as the Executive Council announced the implementation of the levy suspension starting August 1, 2008 but only for new contracts.

Staging a picket at the Central Government Offices in response to the government’s announcement, the AMCB expressed fears “an open season of termination” as employers will scramble to avail of the levy suspension.

“In the current design of the suspension, it does not show the government’s sincerity or flexibility. Instead what we are witnessing is the government’s obvious refusal to make our condition even slightly better,” AMCB spokesperson Eni Lestari said.

Lestari lambasted the HK government for the latter’s response to the concerns of premature termination of ongoing contracts due to the selective suspension of the levy. According to the government, it will leave to the discretion of the immigration director to allow for “advanced contract renewal” to enable the foreign domestic workers to stay in HK while their contracts are being processed.

“The government definitely missed the point, only aggravated the FDWs’ anxiety and complicated the process with the implementation of this new policy,” said Lestari. “This government has the habit of putting FDWs in a difficult position. With the decision of the HK government on the levy suspension, FDWs are put in a situation that is inconvenient, full of hassles, bureaucratic.”

Lestari said that “advanced contract renewal” is a vague process, lacks clear guidelines and does not allay worries of FDWs

“Does the new term say that even if an FDW has worked for only a month, for example, her contract can already be renewed now? Will this be considered as termination of contract? If so, does it mean that even if we can stay in Hong Kong, we cannot do any work while our papers are processed? The government is even thinking of a quota system to face the deluge of termination and applications. How are we to survive while we are waiting for more than a month? Additionally, what will happen to entitlements such as the long-service payment and severance payment?” she asked.

Lestari believed that the only beneficiaries of such scheme will be the employers who will be able to avail of the suspension, recruitment agencies who will be able to get more fees for the processing of applications and consulates of labour-sending countries for the fees it will charge to applicants.

“The best and simplest way to solve all these problems will be to implement the suspension of the levy without exclusion. Why make it complicated and difficult? The option that the government has offered for ongoing contracts is practically not an option at all considering the problems it will create. With the way the government is heading on this suspension, FDWs will surely find ourselves at the losing end,” she said.

The situation, she added, will be even worse for those who will not be rehired by their employers because the government’s proposal doesn’t guarantee that the current employees will be rehired. If they find a new employer, they still have to go out of Hong Kong to await their visa.

Last Sunday, more than 1,000 foreign domestic workers rallied at the Central Government Office (CGO) to demand the coverage of all FDW contracts – ongoing and new ones – and its immediate implementation. Testimonies were also given by several FDWs whose contracts were terminated or threatened with termination as well as those applying for a new visa but whose employer either withdrew or deferred its issuance.

“It is a heartless decision that has shown the HK governments’ discrimination against and total lack of concern for FDWs. Will chief executive Donald Tsang feed the families of those who will face the axe?” she remarked.

Lestari said that the decision of the government will be met by more protests of FDWs. She announced that in August 17, the AMCB will mobilize more migrant workers to continue the call for an all-inclusive levy suspension.

While the suspension of the levy is the government’s acknowledgment of her group’s position that the levy is burdensome, cruel and unjust, said Lestari, its decision does not dispel the FDWs’ fears of losing their jobs.

“We will monitor and document cases of termination resulting from this decision. The true stories of our fellow migrant workers will expose the injustice that this government has brought us,” she relayed.

Finally, Lestari called for more FDWs to take part in the actions. She also called on for the local people to support the call of the AMCB.

Lestari reiterated long-standing call for the abolition of the levy and the significant wage increase for FDWs. She blamed the levy for the drastic wage cut imposed to FDWs in 2003 and, according to her, “the continued collection of the levy has also held our wage hostage.”

Also, Lestari called for the abolition of the New Conditions of Stay or Two-Week Rule that, she said, has put FDWs in their current vulnerable position.

“The attacks to our rights must stop. We’ve been severely battered already. There is no recourse for us but to fight back,” she concluded.#

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