The safety of Hong Kong’s 340,000 domestic helpers is back in the spotlight after a 38-year-old Filipino woman fell to her death while cleaning the windows of an 18th-floor flat in Lai Chi Kok on Monday.
The incident has brought attention to a safety clause on window cleaning in domestic helpers’ employment contracts that has been in place since 2017. It has also renewed accusations of a lack of government regulations on household work carried out by such workers.
Domestic helper falls to death while cleaning windows in Hong Kong
The Post takes a closer look at the safety clause and its impact since its introduction.
1. When were restrictions on window cleaning introduced?
Following a spate of incidents involving domestic helpers falling to their deaths while cleaning the windows of high-rise flats, the Philippine consulate in late 2016 introduced a ban on such work, requiring contracts to state that this was not part of an employee’s duties.
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The move prompted Hong Kong’s Labour Department to revise its standard employment contract for domestic helpers. Instead of a total ban, a safety clause on window cleaning was added as part of the “Schedule of Accommodation and Domestic Duties” attached to the formal employment agreement.
2. What does the safety clause say?
The clause, which took effect in January 2017, states that employers must ensure that windows have grilles and that these are locked if they ask domestic helpers to clean the exterior of ones that are not on the ground level, next to a balcony or a common corridor.
It also says employers must ensure no part of the worker’s body, except for the arms, are extending outside a window ledge.
In general, domestic workers can say no to their employers when asked to work in unsafe situations.
Indonesian domestic helper dies from fall while cleaning window of Hong Kong flat
3. What do advocacy groups think of the safety clause?
The Asian Migrants Coordinating Body called the clause “toothless”.
The group’s spokesman Eman Villanueva said: “There is no punitive provision in case the clause is not observed. The government should prosecute an employer if it is established that he has not provided a safe work environment to his employee. It is not just a violation of the contract terms.”
Villanueva also urged authorities and employment agencies to educate domestic helpers about their rights.
“Some of the helpers are simply unaware of the window cleaning clause in the contract. They are just told to sign here and there in the contract for formality’s sake,” he said.
4. What have employers and the authorities said about workers’ safety issues?
Thomas Chan Tung-fung, chairman of the Hong Kong Union of Employment Agencies, said agencies in the city would try their best to explain the terms of the contract in detail as much as possible to both the employers and domestic helpers.
Chan added agencies would also remind workers about the risk of falling while cleaning windows.
“Domestic helpers’ houses in their home countries may only have two or three storeys. They might be used to leaning out of the window or standing on the ledge to clean the exterior. In Hong Kong, most people live in high-rise buildings. What workers are used to doing at home could be fatal here,” he said.
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Betty Yung Ma Shan-yee, chairwoman of the Hong Kong Employers of Overseas Domestic Helpers Association, said the number of falls had dropped significantly since the introduction of the safety clause.
“No employers want their employees to get injured. For cleaning windows, employers can simply give domestic helpers a mop to clean the exterior of the windows, or ask them not to clean them when they are not at home,” she said.
“But, still, sometimes helpers may forget or decide on their own to clean the windows when their employers are away. In order to protect their own rights, employers can also write down the safety guidelines and ask the helpers to sign as a disclaimer.”
According to the Labour Department, domestic helpers can turn down employers who ask them to clean windows from a height without proper safety measures. Workers can also lodge complaints to the department.
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A department spokeswoman said in cases where employers breached the contract terms, a record could be transferred to the Immigration Department and this would be taken into account when they applied to hire another domestic helper in the future.
5. What are the regulations for window cleaning in other places?
According to Singapore’s Ministry of Manpower, there is a one-day settling-in programme for domestic helpers which teaches them the “dos and don’ts” of cleaning windows and hanging laundry.
When workers are cleaning window exteriors, the employer must be present to supervise the work. Windows must have grilles and these need to be locked during cleaning.
Employers have to make sure domestic helpers do not climb onto a ledge or lean out of the window when cleaning and they cannot stand on chairs, stools or any other raised platform to avoid losing their balance.
Employers are liable to a fine of up to S$10,000 (US$7,477) and 12 months’ imprisonment if they are found to have failed to ensure the safety of domestic workers. They could also be barred from hiring helpers in the future.
