Overview of Government Response to Ensure Safety and Wellbeing of Migrant Workers Affected by the Covid-19 Outbreak
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OVERVIEW OF GOVERNMENT RESPONSE TO ENSURE SAFETY AND WELLBEING OF MIGRANT WORKERS AFFECTED BY THE COVID-19 OUTBREAK This COVID-19 Government Response Overview has been produced by IOM’s Corporate Responsibility in Eliminating Slavery and Trafficking (CREST) Initiative ([email protected]). Important disclaimer: The information presented in this document is those of the authors and does not necessarily reflect the views of IOM. The inclusion or presentation of material does not imply the expression of any opinion whatsoever on the part of IOM or of any of its members or partners. INTRODUCTION AND OBJECTIVES Destinations HONG KONG SAR, CHINA INDIA JAPAN REPUBLIC OF KOREA MALAYSIA THAILAND Countries of Origin BANGLADESH CAMBODIA VIET NAM PHILIPPINES INDONESIA The COVID-19 pandemic poses significant challenges monitoring tool with an objective to provide to governments, societies, businesses and individuals. businesses with a repository of official resources in As the outbreak worsens, migrant workers as a countries of origin and destination to help them vulnerable group in international supply chains face ensure wellbeing, health and safety of migrant increased health risks due to lack of health insurance workers in own operations and supply chains. or access to health care, job insecurity due to factory shut-downs and lay-offs, and risk of losing their Other resources, developed by IOM for businesses to regular status by overstaying visas due to tightening support their COVID-19 response include IOM’s op- travel restrictions. ed “COVID-19 places migrant workers in highly vulnerable situations”; “Guidance for employers and Governments are putting measures in place to business to enhance migrant worker protection contain the spread of COVID-19 and ensure health during the current health crisis”; survey for brands to and safety of populations. monitor their supply chain response to COVID-19; and “Guidance for labour recruiters to enhance The Overview of Government Response to Ensure migrant worker protection during the current health Safety and Wellbeing of Migrant Workers Affected by crisis”. Visit the global website on IOM’s response to the COVID-19 Outbreak has been developed by the COVID-19. International Organization for Migration (IOM) as a METHODOLOGY The Overview of Government Responses to Ensure Safety and Wellbeing of Migrant Workers Affected by the COVID-19 Outbreak has been carried out by IOM project officers under the Corporate Responsibility in Eliminating Slavery and Trafficking (CREST) initiative through a desk research of official government websites and websites, recommended by government authorities. The monitoring is updated on a weekly basis. The date of the latest revision is indicated on the first page of this document, as well as in each country section. GEOGRAPHICAL COVERAGE The Overview of Government Response to Ensure Safety and Wellbeing of Migrant Workers Affected by the COVID-19 Outbreak covers the following geographies in Asia: Bangladesh, Cambodia, Hong Kong Special Administrative Region, China, India, Japan, Republic of Korea, India, Malaysia, Philippines, Thailand, and Viet Nam. Republic of Korea Japan Bangladesh Viet Nam India Hong Kong SAR, China Cambodia Philippines Thailand Malaysia Indonesia 3 DESTINATIONS 1,056 Hong Kong SAR, China cases as of June 01 Situation Update (as of 29 June ) As of 29 June, Hong Kong SAR, China has 1,204 confirmed COVID-19 cases. There was a small increase of COVID- 19 cases over the last two weeks. Public services such as Labour Department public services, immigration services and legal aid offices, etc. are resuming operations under a phased approach from 04 May. The entry ban announced on 23 March remains in place. It covers all non-residents coming from overseas countries and regions by plane, except travellers from mainland China, Macao Special Administrative Region, China and Taiwan Province of the People’s Republic of China who have not visited a foreign country in the past 14 days. Some social distancing measures stated in the Regulation were relaxed on 8 May. The number of persons allowed in group gatherings is relaxed from eight to fifty from 19 June to 02 July. Venues such as fitness centres, cinemas, and amusement game centres are allowed to resume operation. Official Sources of Information Official Sources of Information Providing Guidance on COVID-19 for Foreign Citizens (Multiple Languages) Centralized Information by the Hong Kong SAR, China Centralized Information by the Hong Kong SAR, China authority on COVID-19 thematic website (in English, authority on COVID-19 thematic website (in English, Chinese, Bahasa Indonesia, Tagalog, Hindi, Nepali, Chinese, Bahasa Indonesia, Tagalog, Hindi, Nepali, Urdu, Thai, Shinhala, Bengali, Vietnamese, Bahasa Urdu, Thai, Shihala, Bengali, Vietnamese, Bahasa Indonesia): Indonesia): All guidelines to different sectors by the government Official News Updates for Migrant Domestic Workers (in English and Chinese): and Employers (multiple languages): The Hong Kong SAR, China authorities have produced an interactive map dashboard to track confirmed cases. The map provides details of the confirmed cases including age, buildings list of confirmed cases, the buildings with home quarantine, the flight/train/ship lists taken by confirmed cases. DESTINATIONS Measures Taken by the Government to Assist Migrant Workers Health-Related All migrant domestic workers have access to the public health care system. Employers must provide free medical treatment to the workers according to the Standard Employment Contract. The Centre for Health Protection has issued the Hygiene Handbook for Domestic Helpers: Household and Personal Hygiene, and Basic Infection Control. This handbook provides practical guidelines for domestic helpers to keep themselves and home clean so as to reduce the spread of infections. The Centre for Health Protection has also issued a brochure on What you and your Foreign Domestic Helper need to know to prepare for an influenza pandemic Employment-Related A. Extension of Stay for maximum one month in Hong Kong SAR, China for migrant domestic workers to find new employers. “Immigration Department will flexibly consider foreign domestic helpers extend their stay in Hong Kong SAR, China as visitors for the purpose of finding a new employer in Hong Kong SAR, China if their existing contract is due to expire or is terminated on or before July 31, 2020. The Foreign domestic helpers (FDH) concerned may apply to ImmD for an extension of stay as a visitor for a maximum period of one month in Hong Kong, if he/she is unable to return to his/her place of origin due to COVID-19 in his/her place of origin and/or international travel restrictions arising from the COVID-19.” B. Deferring Home Leave for no more than one year “In addition, under the existing mechanism, an FDH on a renewed contract with the same employer, or due to start a new contract with a new employer upon the expiry of an existing contract may apply to ImmD for deferring home leave for no more than one year after the existing contract ends, subject to agreement of his/her employer or new employer.” C. Extend the Validity of the Contract “In response to the latest development of the COVID-19 infection, the Commissioner for Labour has now given further in-principle consent for all FDH contracts that will expire on or before June 30, 2020, to vary the period stated in Clause 2 of the Standard Employment Contract by extending the period of employment up to July 31, 2020, on the basis that such variation is mutually agreed by both the employer and the FDH.” D. Publishing Q&A for Migrant Domestic Workers and Employers Rights and Obligations under COVID- 19 The Labour Department has published a Q&A for both employers and migrant domestic workers to know more about their obligations and rights under the Employment Ordinance and Standard Employment Contract, and the relevant information, in relation to the COVID-19. DESTINATIONS Mobility-Related A. Compulsory Home Quarantine of migrant domestic workers “All inbound travellers arriving from all countries/territories, including migrant domestic workers, should undergo compulsory home quarantine with effect from 0.00am on 19 March 2020. While FDHs are expected to stay at their employers' residence, should an employer wish to arrange his/her FDH to stay out from his/her residence for compulsory home quarantine, the employer should make prior arrangement with his/her EA (if applicable) to accommodate the FDH concerned. The employer is also reminded to comply with his/her obligations under the SEC, including bearing the accommodation expenses of the FDH and providing a food allowance to the FDH. An employer shall not compel his/her FDH to work outside of the employer's residence. Employers need permission from the Department of Health should they choose to get workers a hotel room.” B. Encourage to stay home on their rest day “The Labour Department (LD) today (January 30) appealed to foreign domestic helpers (FDHs) to stay home on their rest day in order to safeguard their personal health and to reduce the risk of the spread of the novel coronavirus in the community. The Government appeals to FDHs to stay home for rest on their rest day as far as possible, and to stay away from crowds on public transport or at public places. At the same time, employers must not require FDHs to work on their rest day. If it is necessary for FDHs to go out, they are advised to wear a surgical mask and to avoid staying in crowded places. If a FDH or his/her employer has visited the Mainland recently, he/she should wear a surgical mask and stay home for 14 days upon return to Hong Kong as far as possible”. C. The Labour Department reminds workers that group gathering more than four people in public spaces is prohibited since 29 March 2020 D. Migrant Domestic Workers with valid employment visa can still enter Hong Kong SAR, China.