The Minimum Allowable Wage for foreign domestic workers [FDWs]is HKD$4,010 permonth. Under the standard Employment contract for hiring FDWs employers are required to provide FDWs with food free of charge[free food].

As a matter of fact, the vast majority of employers at present provide free food to FDWs. Employers may also choose to pay a food allowance in lieu for free food.

The Minimum Allowable Wage[MAW] and Food allowance in HK

If employers choose to provide FDWs with food allowance in lieu of free food, the relevant allowance is not less than HKD$ 920 per month. Such levels of MAW and food allowance will apply to all contract signed on or after 1 October 2013.

[This is the Law, If you received less than the MAW, FDWS can go to the Labour court to claim back the salary.]

The Minimum Allowable Wage[MAW] and Food allowance in HK

The MAW is unstable:1998 $3,860.Feb 2003 from $3,860 cut down to $3,460. then the gov launched $400 levy to employers. 2008 "levy" submissions for 5 year,2011 $3,740.2012 $3,920. And the levy has been bolished this year 16-1- 20132013 $4010 from 1998 -2013 MAW is increase only $150[3,860-4010]

The Minimum Allowable Wage[MAW] and Food allowance in HK

From last year, Hong Kong government review the MAW around September yearly.

HK Government will announce by itself. Sometimes labour department will consult with the

organization of workers during review. FADWU one asking for $HKD. 4,500 permonth.

The HK gov. announced to increase to $HKD. 4,010 without explaining the basic or calculation.

Although there is MAW for MDWs,there are a lot of cases of underpayment. Some received 2,500 or 3,000 only.

The Minimum Allowable Wage[MAW] and Food allowance in HK

Article 11

Each Member take measures to ensure that domestic workers enjoy minimum wage coverage, where such coverage exists, and that remuneration is established without discrimination based on sex.

 

ILO C189 ARTICLE 11

Exclusion of minimum wages ordinance

The minimum wage ordinance in Hong Kong excluded “live-in domestic workers” as well as migrant domestic workers

The exclusion of minimum wage ordinance is combined with the mandatory live-in policy toward migrant domestic workers.

Exclusion of minimum wages ordinance

FADWU"We will launch a legal battle against the government on the grounds of discrimination if migrant workers are not included by the statutory minimum wage,"

The government should prescribe standard working hours for foreign domestic helpers as the minimum wage was calculated on an hourly basis. The union said it would write to the government seeking a meeting.

"We are not too worried that the employment opportunities of migrant workers will be affected if they are covered by the statutory minimum wage, as there is a strong demand for their services in Hong Kong. It is more important to protect workers' rights,"

 

Minimum allowable wage

Statutory Minimum Wage ordinance

Review No official reviewsystem

Review every 2 years

Decision by Labour Department Suggested by minimum wage commission, decided by Chief

Executive-in-Council and approved by Legislative Council

Who will be protected?

for migrant domestic workers only

for all workersexcept: live-in domestic workers, internship students, summer job

Comparison of MAW and SMW

OUR CAMPAIGN- Minimum Wage for ALL

Background:SMW law is passed by Legislative Council at 2010The law excluded Live-in domestic workersWhen the law establish, migrant domestic workers organizations started a campaign: minimum for all (including live-in domestic workers)

OUR CAMPAIGN- Minimum Wage for ALL“We persisted and persevered.

Through our rallies and submissions, we never let the government and the public forget the policies that are regressive and violate the rights of migrants including our exclusion from the statutory minimum wage,”

FDWs carried the burden of the wage increase as they were only given trickle increases in the minimum food allowance.

OUR CAMPAIGN- Minimum Wage for ALL

Principle:

1. Equal rights to all workers.

2. Follow to the international convention: C189.

3. The 'minimum allowable wages' has lack of transparency.

Proposal:

1. Monthly wage

2. (SMW[hourly wage] x working hours x working days)-living cost shared of Migrant domestic worker in household

OUR CAMPAIGN- Minimum Wage for ALL

Three Years Goal of HKCTU:SMW should include

migrant domestic workers.

OUR CAMPAIGNThe campaign has strengthened unity and solidarity among the migrants of different nationalities to call for wage increase and stop discriminatory policies like the exclusion of the domestic workers from the SMW.

We have proven that our collective strength to fight for our rights and welfare has borne positive results. We shall continue our struggle to achieve more victories in our campaign against social exclusion in Hong Kong.

FADWU Demands for this years plan

1) Stop Excessive Agency Fee

2) Pension for all, including domestic workers

3) Better occupational safety Protection

4) Pay Rise Now

5) Ratify C189 (Convention for decent work of Domestic workers)

Thank you!