Sometimes, employment agencies or employers in Hong Kong might pressure or force a migrant domestic worker (‘MDW’) to break the law in different ways, for example:
- Ordering an MDW to work at the employment agency’s office or boarding house when waiting for a visa
- Telling an MDW to work ‘part time’ for an employer without a valid visa
- Pressuring or forcing an MDW to travel and work for their employer outside of Hong Kong
- Forcing or tricking MDWs to work at “entertainment places”, for example, a massage parlor
Illegal deployment by employers
There can be instances where employers order, force or pressure their MDW to do work that would break the law and break the MDW’s visa. As example, some employers might:
- Order an MDW to travel and work for the employer outside of Hong Kong
- Offer an MDW to work without a valid visa on a part time basis
- Force MDWs to work outside of the contractual address (e.g. shop, warehouse, relatives house)
What do I need to know about my contract and visa?
To make sure that MDWs don’t break the law (even accidentally), it is important that MDWs know of what the rules are for their Employment Contract and visa.
Firstly, under an MDW contract, MDWs can only do domestic work. Domestic work includes: cleaning, cooking and taking care of children/elderly.
Secondly, an MDW can only work full-time for one employer. This means that it is illegal to work part-time for different employers, including other family members.
If the MDW is found to be doing non-domestic work or working part-time, she is at risk of losing her visa.
Helpful Tips
- Remind your employer or employment agency that they may be breaking the law if they try to break the terms of your contract or visa.
- For example: if your employer wants you to go work in their shop, this would be illegal under your contract.
- Contact 999 if you are in an emergency and stay safe.
- Get support or help if your working conditions are very bad. If you think your working conditions are very bad, contact an NGO or legal advisor for help (see resources).
- Do not stay in a dangerous place. If you are in danger, try to remove yourself from the situation as soon as possible and seek help immediately
