A Filipino domestic helper’s termination following her breast cancer diagnosis has exposed deep flaws in Hong Kong’s labor protection system, sparking calls for urgent reform.
Noelyn Patricio Arzaga, 39, says her female employer pressured her to forgo the recommended chemotherapy treatment and instead have surgery to remove the tumor. The employer reportedly preferred Arzaga to continue working rather than take time off for the debilitating chemo sessions.
Arzaga initially complied with her employer’s wishes and had the surgery in June. However, she later learned from her doctor that chemotherapy was still necessary, even after the operation. Choosing to prioritize her health, Arzaga decided to move forward with the chemo treatment.
That decision, she claims, led to her abrupt dismissal and eviction from the employer’s home last August.
Her healthcare expenses jumped from HK$80 to HK$6,000 per chemotherapy session after losing her employment status, highlighting the precarious position of the city’s 370,000 foreign domestic workers.
The current system forces workers to choose between their health and their livelihood. This case demonstrates how employment-tied healthcare leaves workers vulnerable.
Despite laws prohibiting dismissal during paid sick leave, advocates say enforcement remains weak. The Employment Ordinance and Disability Discrimination Ordinance provide theoretical protections, but the “undue hardship” exemption for employers creates significant loopholes.
She has now sought assistance from the Labour Department and Hong Kong’s Equal Opportunities Commission, alleging her former employers violated the territory’s Disability Discrimination Ordinance.
The case shines a light on the vulnerable position of migrant domestic helpers in Hong Kong, who can face precarious employment situations and unequal treatment, especially when dealing with serious health issues.