Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Migration for Employment Convention (Revised), 1949 (No. 97) - China - Hong Kong Special Administrative Region (Ratification: 1997)

The Commission takes note of the information supplied by the Government in its report.

1. Article 5(b) of the Convention. The Government states in its report that medical attention is available for most immigrant workers on board aircraft or seagoing passenger vessels. For foreign domestic workers and imported workers, free medical care after arrival is provided by employers. It is also mentioned that immigrant workers can receive medical treatment at public hospitals or clinics. As there is no reference to the members of the workers’ families, the Government is requested to provide information on the medical services available for the workers’ families with its next report.

2. Article 6, paragraph 1. The Committee notes from the Government’s report that the statutory employment benefits and protection enjoyed by the immigrant workers include, according to the Employment Ordinance, entitlement to rest days, holidays with pay and paid annual leave, but do not cover remuneration as a whole. Regarding contractual wages, the Committee notes the information on foreign domestic workers and imported workers, as of 31 May 2002, according to which the minimum allowable wage of a foreign domestic helper is HK$3,670, whereas the salary of an imported worker should be broadly comparable to the median wages enjoyed by local workers with similar duties. The Committee would be grateful if the Government would provide statistical data in this respect for each professional category in order to be able to draw comparisons.

3. The Committee notes from the Government’s report that the purpose of the "two-week rule" is to deter foreign domestic helpers from overstaying and taking up unauthorized work. It notes that the rule is exercised with flexibility and that in some cases (financial difficulties of, or abuse by, the employer) foreign domestic helpers may be allowed to change employers without returning to their home country. It also notes that foreign domestic helpers may apply for an extension of stay in the Hong Kong Special Administrative Region from the Immigration Department to facilitate their pursuing claims at the Labour Department or attending civil proceedings in court. The Committee would be grateful if the Government would provide further information regarding the practical application of this possibility, including the number of applications for extension and the reasons for refusal by the Immigration Department.

4. With respect to social security, the Committee notes from the Government’s report that there is no distinction between local and foreign workers with regard to work-related injuries/death benefits (under the Employees’ Compensation Ordinance), or with regard to benefits for sickness, maternity and unemployment in the form of severance payments (under the Employment Ordinance). Please confirm that there is no distinction with respect to the other grounds mentioned in Article 6(b) such as invalidity, old age and family responsibilities.

5. Article 11. The Committee notes the information provided by the Government. However, it would be grateful if the Government would specify what persons are regarded to be "frontier workers".

6. The Committee asks the Government to continue to provide statistical data concerning foreign workers employed in Hong Kong and to communicate the results of the relevant activities of the labour inspection services, in accordance with the provisions of the Convention. The Committee also asks the Government to state whether courts of law or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.