Hong Kong, December 15, 2024 — In a troubling trend, the Federation of Asian Domestic Workers’ Unions (FADWU) has reported a disturbing rise in cases of underpayment among South Asian migrant domestic workers (MDWs) in Hong Kong. Over the past two years, the union has received eight cases involving severe wage violations primarily perpetrated by Indian and Nepalese employers, who continue to flout the city’s Employment Ordinance with little fear of repercussions.
The reported wages for these workers have ranged from a mere $1,000 to $4,000 monthly—equating to just 20% to 80% of the government-mandated minimum allowable wage of $4,990. In one alarming instance, a worker went unpaid for four months and endured physical abuse before escaping her situation.
“It is common that first-time South Asian domestic workers are underpaid,” said Chuni Thapa, a leader in the Nepali domestic worker community and FADWU treasurer. “Employers believe that just because they bring the workers to Hong Kong, they can pay less.” Many of these workers are unaware of their rights, often following employers’ instructions without question.
A 2016 survey by the Union of Nepalese Domestic Workers in Hong Kong (UNDW), a FADWU affiliate, revealed that nearly half of Nepali-speaking domestic workers were paid below the legally required minimum wage. This exploitation predominantly occurs within Indian and Nepali households, where language and cultural familiarity often leave workers vulnerable.
Newly arrived MDWs face heightened risks of exploitation due to their limited understanding of local laws. In one case, an employer misled a worker into believing that wage standards differed based on nationality. In another, an employer withheld access to the worker’s bank account, depositing full salaries only to withdraw funds and pay employees with reduced cash amounts. Additionally, some employers have resorted to forging documents or coercing workers into signing misleading payment slips, effectively eliminating any evidence of wage theft.
Rights violations extend beyond financial abuse. FADWU reports that none of the domestic workers seeking help receive a full day of rest. Instead, they are often granted only one to two days off each month, and even then, only for a few hours at a time. Many are completely unaware of their entitlement to statutory holidays.
“The employers don’t want the workers to find out about their rights,” Thapa explained. In a particularly egregious case, one employer restricted a worker’s communication on rest days, routinely checking her phone for evidence of contact with others. After the worker filed a claim against her employer, threats were made against her friends to deter them from providing witness statements.
“The employers we deal with are not new to mistreating domestic workers. They know the law yet continue to break it because there are no consequences,” said Sarah Pun, Vice Chairperson of UNDW. Despite the union’s efforts to report these violations to the Labour Department, no employers have faced prosecution for their blatant disregard of the law.
FADWU has dealt with underpayment cases across various nationalities, yet every South Asian domestic worker they have assisted has faced wage violations. This highlights an urgent need for government intervention to protect this vulnerable demographic.
In response to these alarming findings, FADWU is calling on the government to implement a series of measures aimed at safeguarding migrant workers’ rights. These include:
- Ensuring all migrant domestic workers are informed of their rights and know how to seek justice for legal violations.
- Instituting mandatory post-arrival training for newly arrived domestic workers.
- Providing mandatory training for employers about their legal responsibilities before hiring workers.
- Raising public awareness of employers’ legal obligations in multiple languages.
- Effectively prosecuting and punishing employers who violate the Employment Ordinance and other labor laws.
As Hong Kong grapples with these pressing issues, the plight of South Asian domestic workers serves as a stark reminder of the ongoing challenges faced by migrant communities in the region.