Less than a month after Baby Jane Allas, 38, an overseas Filipino worker (OFW) in Hong Kong, was diagnosed with cervical cancer, there is another bad news.
While she was on paid medical leave prescribed by a government doctor, Allas was given a dismissal letter. Her employers were terminating her contract because of her illness.
Allas after receiving the terrible news said, "… My main concern is: how am I going to get medical care and the medications I need?”
Foreign domestic workers Hong Kong who got fired need to leave within two weeks. They could no longer access free
medical care, which all residents of the city are entitled to, since they are fired.
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Allas, a single mother of five, has filed a complaint with the Labour Department, arguing her employers flouted Hong Kong’s Employment Ordinance that says it is unlawful to dismiss an employee who is on paid sick leave. She also reported her employer had committed several contract violations, including not giving her one full day off each week and failing to provide basic necessities, such as a bed.
Additionally, she has filed a complaint with the Equal Opportunities Commission, pointing out that under the Disability Discrimination Ordinance, it is illegal to discriminate against someone who has a disability.
However the employer said: “She was not fired while she was on sick leave. It was effective from after she finished her sick leave.”
Jessica Cutrera, a long-time Hong Kong resident who employs Allas’ sister and is supporting the family, said that Allas will seek fair compensation under the law.
“But the law is not adequate to protect Baby Jane and her interest … As her employer has wrongfully terminated her contract, she has lost her entitlement to live in Hong Kong and use the Hospital Authority system. She cannot stay in Hong Kong and fight her claims without care,” Cutrera said.
Cynthia Abdon-Tellez, general manager of Mission For Migrant Workers, said that most domestic workers who become ill have to rely on charity after being fired. “But many decide to go back home, which is even more difficult … Because in countries such as Indonesia and the Philippines, there is little medical support.”
There are more than 370,000 domestic workers in Hong Kong – most of them women from the Philippines and Indonesia.
Allas’ sister, Mary Anne Allas, called for employers in Hong Kong to treat “their helpers right”.
At the same time, she said, “migrant domestic workers should also start getting regular health check-ups to avoid this from happening … It’s good that you are providing for your family, but you should also look after yourself.”
Additionally, she has filed a complaint with the Equal Opportunities Commission, pointing out that under the Disability Discrimination Ordinance, it is illegal to discriminate against someone who has a disability.
However the employer said: “She was not fired while she was on sick leave. It was effective from after she finished her sick leave.”
Jessica Cutrera, a long-time Hong Kong resident who employs Allas’ sister and is supporting the family, said that Allas will seek fair compensation under the law.
“But the law is not adequate to protect Baby Jane and her interest … As her employer has wrongfully terminated her contract, she has lost her entitlement to live in Hong Kong and use the Hospital Authority system. She cannot stay in Hong Kong and fight her claims without care,” Cutrera said.
Cynthia Abdon-Tellez, general manager of Mission For Migrant Workers, said that most domestic workers who become ill have to rely on charity after being fired. “But many decide to go back home, which is even more difficult … Because in countries such as Indonesia and the Philippines, there is little medical support.”
There are more than 370,000 domestic workers in Hong Kong – most of them women from the Philippines and Indonesia.
Allas’ sister, Mary Anne Allas, called for employers in Hong Kong to treat “their helpers right”.
At the same time, she said, “migrant domestic workers should also start getting regular health check-ups to avoid this from happening … It’s good that you are providing for your family, but you should also look after yourself.”
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