Foreign Domestic Helpers' Passports Being Withheld and Borrowing Problems

Online forums and news often report cases of foreign domestic helpers having their passports confiscated. What are the reasons behind this, and is such behavior legal? The article this week will provide some insights.

Foreign Domestic Helper's Passport Confiscation - What to Do?

Usually, the confiscation of a foreign domestic helper's(FDH) passport is done by placement agencies or pledged to unlicensed financial institutions. Regardless of the reasons, such actions are illegal. The Indonesian Consul General in Hong Kong has warned Indonesian citizens not to casually hand over their passports to others, emphasizing that such actions could violate Indonesia's immigration regulations. If a citizen has their passport unlawfully confiscated, they should immediately report it to the consulate to seek help and consider reporting to the police.

There are also cases where employers, to prevent their FDHs from borrowing money or engaging in illegal activities and then running away, may force the FDH to "voluntarily" surrender their documents to "protect" their own interests. According to a practicing lawyer, withholding someone else's ID or passport in any circumstance may violate the Personal Registration Ordinance, with a maximum penalty of a HKD 100,000 fine and a 10-year imprisonment. Even if employers keep the documents in another location or under someone else's custody, they may still be in violation of the law. Teaching financial literacy to FDHs is crucial, as their financial struggles can lead to various problems.

Responsibility of Employers if a FDH Leaves Debt

If the employer is not a guarantor, they are not obligated to bear any responsibility for the FDH's debts. Employers can inform the financial company of the FDH 's whereabouts and that they no longer reside in their home, attaching a termination letter or proof. Generally, financial companies will not continue to harass employers. If harassment persists, reporting to the police can be considered.

Conclusion

Hiring FDHs involves compliance with various rules and regulations for both employers and FDH. Neglecting to address issues such as obtaining insurance for FDHs, especially as the number of direct-hire FDHs increases, can lead to legal consequences and financial losses in case of injuries. Employers are reminded to ensure that their FDHs are adequately insured.

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use