HK$100,000 fine for sacking Covid-positive domestic helpers

Employers should not dismiss foreign domestic helpers who are infected with Covid-19 or risk facing a fine of up to HK$100,000 and banned from hiring a new helper, the Labour Department warned.   

The department spoke up after several groups received requests for help from helpers who were thrown out of homes or sacked by their employers once they tested positive for the coronavirus. Some spent nights on the street without a rooftop and medical attention.   

Under the Employment Ordinance, an employer is prohibited from terminating the contract of employment of an employee on their paid sickness day, except when the helper committed severe misconduct.   

The department said that an employer who breaks the law is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000. Besides, suppose an employer has breached the ordinance. In that case, they will not be considered eligible to employ a foreign domestic helper for a period of time, and any visa applications for helpers will be refused.  

Employers could also violate the Disability Discrimination Ordinance if they dismiss their helpers because they have been infected with or recovered from Covid-19.   

An employer should grant helpers sick leave and sickness allowance if they fall ill. They should provide free and suitable accommodation as well as free medical treatment.   

"Foreign domestic workers assist families of Hong Kong in doing household chores and looking after the elderly and children. Their contribution to Hong Kong is significant," a spokesperson said.  

The number of helpers has decreased to about 340,000 from the peak of about 400,000 in January 2020, owing to the pandemic.   

"Mutual support and understanding are all the more necessary in the face of the pandemic. To meet the needs of local families, we must strengthen support and protection for foreign domestic workers to maintain Hong Kong as an attractive place for the helpers to work," he added.   

Any helper dismissed by the employer because of contracting Covid-19 may approach the department for assistance at a hotline 2157 9537.