Domestic Helpers Case Study
Question 3(i)
Occupational Health and Safety of Domestic Helpers Ordinance
Cap 1 Long Title
An ordinance to ensure the occupational safety of domestic helpers by providing new preventive measurements and rules; and to provide for the penalty for the breach of such rules.
Part 1 - Preliminary
Section 1: Short Title
The ordinance can be cited as the Occupational Health and Safety of Domestic Helpers Ordinance
Section 2: Interpretation
‘contract’ means the Employment Contract, where any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee
‘dangerous acts’ means the performances that expose the domestic helper to real risk of harm …show more content…
It should be noted that this ordinance will not be applied retroactively thus only applicable to new contracts signed on or after the commencement date as appointed by the Legislative Council after the passing of this bill.
Part 2: Employers to ensure safety and health of domestic helpers
Section 4: Preventive measurements that must be taken by employers
(1) Every employer must, so far as reasonably practicable, ensure the safety and health at work of all the employer's domestic helpers.
(2) Examples of breach of this rule include (but are not limited to) a failure to, so far as reasonably practicable —
(a) provide or maintain plant and systems of work that are safe and without risks to health;
(b) make arrangements to ensure safety and absence of risks to health
(c) provide information, training, instruction or supervision that may be essential to ensure the safety and health at work of the employer's domestic helpers;
(3) Where it is under the employer’s control, every employer must —
(a) provide or maintain means of access to and egress from the workplace that are, so far as reasonably practicable, safe and without any …show more content…
Section 8: Domestic helper’s penalty A domestic helper who fails to comply with Part 3, whether intentionally or recklessly
(1) commits an offence and
(2) is liable on conviction to a fine of $30000 and to imprisonment for 3 months.
Part 5 – Compensation for injury and death for domestic helpers
Section 9: Compensation for injury
(1) If the domestic helper is injured due to an accident during employment, generally, the domestic helper’s employer is liable to pay compensation even if it may be due to the domestic helper’s faults or negligence when the accident occurred.
(2) An employer is not liable to pay compensation if –
(a) the injury does not cause the domestic helper permanent incapacity that prevents the employee from earning full wages at his normal work;
(b) the injury is an intentional self-injury;
(c) the incapacity results from an injury that the domestic helper has falsely represented to his employer that he was did not have the injury;
(d) the injury is caused by an accident directly due to the domestic helper’s addiction to drugs and does not cause any permanent incapacity.
Section 10: Compensation for
Occupational Health and Safety of Domestic Helpers Ordinance
Cap 1 Long Title
An ordinance to ensure the occupational safety of domestic helpers by providing new preventive measurements and rules; and to provide for the penalty for the breach of such rules.
Part 1 - Preliminary
Section 1: Short Title
The ordinance can be cited as the Occupational Health and Safety of Domestic Helpers Ordinance
Section 2: Interpretation
‘contract’ means the Employment Contract, where any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee
‘dangerous acts’ means the performances that expose the domestic helper to real risk of harm …show more content…
It should be noted that this ordinance will not be applied retroactively thus only applicable to new contracts signed on or after the commencement date as appointed by the Legislative Council after the passing of this bill.
Part 2: Employers to ensure safety and health of domestic helpers
Section 4: Preventive measurements that must be taken by employers
(1) Every employer must, so far as reasonably practicable, ensure the safety and health at work of all the employer's domestic helpers.
(2) Examples of breach of this rule include (but are not limited to) a failure to, so far as reasonably practicable —
(a) provide or maintain plant and systems of work that are safe and without risks to health;
(b) make arrangements to ensure safety and absence of risks to health
(c) provide information, training, instruction or supervision that may be essential to ensure the safety and health at work of the employer's domestic helpers;
(3) Where it is under the employer’s control, every employer must —
(a) provide or maintain means of access to and egress from the workplace that are, so far as reasonably practicable, safe and without any …show more content…
Section 8: Domestic helper’s penalty A domestic helper who fails to comply with Part 3, whether intentionally or recklessly
(1) commits an offence and
(2) is liable on conviction to a fine of $30000 and to imprisonment for 3 months.
Part 5 – Compensation for injury and death for domestic helpers
Section 9: Compensation for injury
(1) If the domestic helper is injured due to an accident during employment, generally, the domestic helper’s employer is liable to pay compensation even if it may be due to the domestic helper’s faults or negligence when the accident occurred.
(2) An employer is not liable to pay compensation if –
(a) the injury does not cause the domestic helper permanent incapacity that prevents the employee from earning full wages at his normal work;
(b) the injury is an intentional self-injury;
(c) the incapacity results from an injury that the domestic helper has falsely represented to his employer that he was did not have the injury;
(d) the injury is caused by an accident directly due to the domestic helper’s addiction to drugs and does not cause any permanent incapacity.
Section 10: Compensation for