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Enforcement of the Standard Employment Contract

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Dear Labour Department,

I am writing to enquire the number of enforcement actions your Department took against violations of the Standard Employment Contract for migrant domestic workers (SEC) by employers as well as the number of prosecutions of employers for violations of the SEC. I request such data for each of the quarters in 2018 and quarter one of 2019. Thank you.

Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

勞工及福利局

Dear Ms Li,

Our department has received your application for access to information on
5 June 2019.  Your application is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before 25
June 2019.  In the meantime, please contact me at 2852 3943 if you have
any enquiry.

Yours sincerely,

(CHAN Nga-ting)
for Commissioner for Labour

From:        Annie Li <[FOI #370 email]>
To:        FOI requests at Labour Department <[Labour Department request email]>
Date:        05/06/2019 13:27
Subject:        Freedom of Information request - Enforcement of the
Standard Employment Contract

--------------------------------------------------------------------------

Dear Labour Department,

I am writing to enquire the number of enforcement actions your Department
took against violations of the Standard Employment Contract for migrant
domestic workers (SEC) by employers as well as the number of prosecutions
of employers for violations of the SEC. I request such data for each of
the quarters in 2018 and quarter one of 2019. Thank you.

Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #370 email]

Is [Labour Department request email] the wrong address for Freedom of Information
requests to Labour Department? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

勞工及福利局

Dear Ms Li,

I refer to your application for access to information on 5 June 2019 and
our email of 13 June 2019.  The Standard Employment Contract (SEC) (Form
ID 407) for the employment of foreign domestic helpers (FDHs) stipulates
that an FDH enjoys statutory rights and protection as specified in the
Employment Ordinance (EO) and Employees’ Compensation Ordinance (ECO).
 The Labour Department takes prosecution actions against employers of FDHs
who defy the statutory requirements.  From 1.1.2018 to 31.3.2019, the
number of FDH employers prosecuted by the department for violation of the
Ordinances is provided as follows: -

No. of FDH employers No. of FDH employers
prosecuted for violation prosecuted for violation
of EO of ECO
1.1.2018 - 31.3.2018 - -
1.4.2018 - 30.6.2018 2 -
1.7.2018 - 30.9.2018 2 3
1.10.2018 - 31.12.2018 - 2
1.1.2019 - 31.3.2019 - 1

Yours sincerely,

(CHAN Nga-ting)
for Commissioner for Labour

From:        PD/LABOUR/HKSARG
To:        [FOI #370 email]
Date:        13/06/2019 17:34
Subject:        Re: Freedom of Information request - Enforcement of the
Standard Employment Contract

--------------------------------------------------------------------------

Dear Ms Li,

Our department has received your application for access to information on
5 June 2019.  Your application is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before 25
June 2019.  In the meantime, please contact me at 2852 3943 if you have
any enquiry.

Yours sincerely,

(CHAN Nga-ting)
for Commissioner for Labour

From:        Annie Li <[FOI #370 email]>
To:        FOI requests at Labour Department <[Labour Department request email]>
Date:        05/06/2019 13:27
Subject:        Freedom of Information request - Enforcement of the
Standard Employment Contract

--------------------------------------------------------------------------

Dear Labour Department,

I am writing to enquire the number of enforcement actions your Department
took against violations of the Standard Employment Contract for migrant
domestic workers (SEC) by employers as well as the number of prosecutions
of employers for violations of the SEC. I request such data for each of
the quarters in 2018 and quarter one of 2019. Thank you.

Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #370 email]

Is [Labour Department request email] the wrong address for Freedom of Information
requests to Labour Department? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Dear Ms Chan,
Thank you for the data. Does your Department have the number of arrests or enforcement actions too?
Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

勞工及福利局

Dear Ms LI,

Our departmental has received your e-mail on 21.6.2019. Your
application is now under processing. According to paragraph 1.16 of the
Code on Access to Information, our department will inform you of the latest
progress of the case separately on or before 11.7.2019. In the meantime,
please contact me at 2852 4117 if you have any enquiry.

Yours sincerely,

Ms CHAN Shui-yin
for Commissioner for Labour

From: Annie Li <[FOI #370 email]>
To: FOI requests at Labour Department <[Labour Department request email]>
Date: 21/06/2019 17:26
Subject: Re: Freedom of Information request - Enforcement of the
Standard Employment Contract

Dear Ms Chan,
Thank you for the data. Does your Department have the number of arrests or
enforcement actions too?
Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

show quoted sections

勞工及福利局

Dear Ms LI,

Thank you for your e-mail dated 21.6.2019.

2. The Standard Employment Contract (Form ID 407) for the employment of
foreign domestic helpers (FDHs) stipulates that an FDH enjoys statutory
employment rights and protection as specified in the Employment Ordinance
and the Employees’ Compensation Ordinance.   The Labour Department (LD)
enforces the above ordinances through taking out prosecution actions
against employers of FDHs who defy the statutory requirements. However, LD
has no power of arrest. Relevant prosecution figures have been released to
you in LD's separate email on 21.6.2019.

3. Please let us know if we may further assist you.

Yours sincerely,

Ms CHAN Shui-yin
for Commissioner for Labour

From: SY CHAN/LABOUR/HKSARG
To: Annie Li <[FOI #370 email]>
Date: 28/06/2019 17:06
Subject: Fw: Freedom of Information request - Enforcement of the
Standard Employment Contract

Dear Ms LI,

Our departmental has received your e-mail on 21.6.2019. Your
application is now under processing. According to paragraph 1.16 of the
Code on Access to Information, our department will inform you of the latest
progress of the case separately on or before 11.7.2019. In the meantime,
please contact me at 2852 4117 if you have any enquiry.

Yours sincerely,

Ms CHAN Shui-yin
for Commissioner for Labour

From: Annie Li <[FOI #370 email]>
To: FOI requests at Labour Department <[Labour Department request email]>
Date: 21/06/2019 17:26
Subject: Re: Freedom of Information request - Enforcement of the
Standard Employment Contract

Dear Ms Chan,
Thank you for the data. Does your Department have the number of arrests or
enforcement actions too?
Regards,
Annie Li
Senior Research and Policy Officer
Justice Centre Hong Kong

show quoted sections

Dear Ms Chan,

I refer to your email dated 5 July 2019 to my colleague Ms Annie Li.

You stated in the said email that the LD does not have figures on the number of arrests against employers who violated the EO and the ECO. This is because the LD has no power of arrest.

According to para 1.14 of the Code on Access to Information (“the Code”), a department which does not possess the requested information should direct the applicant to the appropriate source of information. Further, per para 1.15 of the Code, if the requested information is held by another department, the request should be transferred to the relevant department.

Can you kindly direct me to the relevant department which possess information on the number of arrests made against employers who violated the EO and the ECO?

Thank you.

Regards,
Rachel Li
Research and Policy Officer
Justice Centre Hong Kong

勞工及福利局

Dear Rachel,

        Thank you for your email dated 11 July 2019.

        As we understand, the issue raised in your email falls under the
purview of the Immigration Department of the HKSARG.  Please reply to this
email to confirm your consent for us to forward your email to the
Immigration Department for their reply direct.

        The contact details of the Immigration Department are also
provided below for your reference:

Website:            [1]http://www.immd.gov.hk
E-mail:             [email address]
Gen Enquiries:   (852) 2824 6111

Regards,

(Miss Emily LAW)
for Commissioner for Labour

From:        Annie Li <[FOI #370 email]>
To:        FOI requests at 勞工及福利局 <[Labour Department request email]>
Date:        11/07/2019 17:05
Subject:        Re: Fw: Freedom of Information request - Enforcement of
the Standard Employment Contract

--------------------------------------------------------------------------

Dear Ms Chan,

I refer to your email dated 5 July 2019 to my colleague Ms Annie Li.

You stated in the said email that the LD does not have figures on the
number of arrests against employers who violated the EO and the ECO. This
is because the LD has no power of arrest.

According to para 1.14 of the Code on Access to Information (“the Code”),
a department which does not possess the requested information should
direct the applicant to the appropriate source of information. Further,
per para 1.15 of the Code, if the requested information is held by another
department, the request should be transferred to the relevant department.

Can you kindly direct me to the relevant department which possess
information on the number of arrests made against employers who violated
the EO and the ECO?

Thank you.

Regards,
Rachel Li
Research and Policy Officer
Justice Centre Hong Kong

show quoted sections

Dear Ms Law,

I confirm that I consent for you to direct my request to the Immigration Department.

For clarification, I would like to know the number of arrests or enforcement actions made against employers of migrant domestic workers who violated the EO and the ECO.

Thank you,
Rachel

勞工及福利局

Dear Ms LI,

Our department has received your e-mail on 11.7.2019. Your
application is now under processing. According to paragraph 1.16 of the
Code on Access to Information, our department will inform you of the latest
progress of the case separately on or before 20.7.2019. In the meantime,
please contact me at 2852 4117 if you have any enquiry.

Yours sincerely,

Ms CHAN Shui-yin
for Commissioner for Labour

From: Annie Li <[FOI #370 email]>
To: FOI requests at 勞工及福利局 <[Labour Department request email]>
Date: 11/07/2019 17:05
Subject: Re: Fw: Freedom of Information request - Enforcement of the
Standard Employment Contract

Dear Ms Chan,

I refer to your email dated 5 July 2019 to my colleague Ms Annie Li.

You stated in the said email that the LD does not have figures on the
number of arrests against employers who violated the EO and the ECO. This
is because the LD has no power of arrest.

According to para 1.14 of the Code on Access to Information (“the Code”), a
department which does not possess the requested information should direct
the applicant to the appropriate source of information. Further, per para
1.15 of the Code, if the requested information is held by another
department, the request should be transferred to the relevant department.

Can you kindly direct me to the relevant department which possess
information on the number of arrests made against employers who violated
the EO and the ECO?

Thank you.

Regards,
Rachel Li
Research and Policy Officer
Justice Centre Hong Kong

show quoted sections

勞工及福利局

Dear Rachel,

I refer to your email of 11.7.2019 enquiring the number of arrests against
employers of foreign domestic helpers (FDHs) who had violated the
Employment Ordinance (EO) and the Employees’ Compensation Ordinance (ECO).

The Labour Department does not have the required figure, as under the law,
prosecution of suspected offenders of EO and ECO is by way of issuing
summonses of the Magistrates’ Courts, not arrest with charge. We
understand that Immigration Department only keeps statistics on the number
of employers arrested and prosecuted under the Immigration Ordinance (not
under EO or ECO).  As such, your request was not transferred to the
Immigration Department.

I hope the above information can help clarifying the work of LD in
enforcing EO and ECO.

Please feel free to let us know if we may further assist you.  Thank you.

Yours sincerely,

(Miss Emily LAW)
for Commissioner for Labour

From:        Annie Li <[FOI #370 email]>
To:        FOI requests at 勞工及福利局 <[Labour Department request email]>
Date:        15/07/2019 15:12
Subject:        Re: Fw: Freedom of Information request - Enforcement of
the Standard Employment Contract

--------------------------------------------------------------------------

Dear Ms Law,

I confirm that I consent for you to direct my request to the Immigration
Department.

For clarification, I would like to know the number of arrests or
enforcement actions made against employers of migrant domestic workers who
violated the EO and the ECO.

Thank you,
Rachel

show quoted sections

Dear Miss Law,

Thank you for your reply on 22 July 2019.

Does the LD have the relevant figures on the number of summonses issued against employers of migrant domestic workers under the EO and ECO?

Thank you again for your assistance.

Warm Regards,
Rachel Li

勞工及福利局

Dear Ms Li,

I refer to your email of 29 July 2019 enquiring the number of summonses
laid against employers of foreign domestic helpers (FDHs) for violation of
the Employment Ordinance (EO) and the Employees’ Compensation Ordinance
(ECO).  The information sought for the period from 1.1.2018 to 31.3.2019
is provided as follows: -

No. of summonses heard in No. of summonses heard in
respect of violation of respect of violation of
EO  by FDH employers ECO by FDH employers
1.1.2018 - 31.3.2018 - -
1.4.2018 - 30.6.2018 6 -
1.7.2018 - 30.9.2018 4 5
1.10.2018 - 31.12.2018 - 2
1.1.2019 - 31.3.2019 - 2

Yours sincerely,

(CHAN Nga-ting)
for Commissioner for Labour

From:        Annie Li <[FOI #370 email]>
To:        FOI requests at Labour Department <[Labour Department request email]>
Date:        29/07/2019 17:47
Subject:        Re: Fw: Freedom of Information request - Enforcement of
the Standard Employment Contract

--------------------------------------------------------------------------

Dear Miss Law,

Thank you for your reply on 22 July 2019.

Does the LD have the relevant figures on the number of summonses issued
against employers of migrant domestic workers under the EO and ECO?

Thank you again for your assistance.

Warm Regards,
Rachel Li

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Annie Li please sign in and let everyone know.