New Guidelines for domestic help contracts in Beijing
will come into effect in early December, helping manage the
industry's development, with particular focus on protecting
employees' rights and security.
The new guidelines were unveiled on Tuesday at a
public hearing jointly held by the Beijing Administration for
Industry and Commerce, the Beijing Municipal Bureau of Commerce and
representatives from professional circles.
The issue of whether domestic helpers should live with
their employers, how holidays should be handled and the protection
of the workers' privacy were controversial topics.
The guidelines said domestic helpers should not live
in the same room as adults of the opposite gender and that
employers should ensure that domestic helpers have at least four
days' break per month and eight hours of sleep per day.
However, legal experts say certain areas should have
some flexibility for employers.
"If one employer has only a single room and there are
senior people or children in need of care, what should the employer
do? Should they not have the right to hire a nanny, or else have to
buy a home with an extra bedroom first?" legal expert Liu Junhai
asked.
A survey by the House of Beijing Domestic Helpers, a
company that provides domestic workers, shows that 5.3 percent of
women helpers live with their male employers.
A survey of 206 women helpers from 10 Beijing
companies showed that 13 of them admitted their employers had
sexually harassed them.
"The result should be much higher, up to about 10
percent, considering that women often won't tell the truth about
such things," Li Dajing, president of the Beijing Domestic Helper
Industry Association, told the Beijing Morning
Post.
Statistics show Beijing has more than 230,000 domestic
workers, 90 percent of whom are migrant workers with only a primary
or junior middle school education. They hardly go out except to
shop for food.
As it is difficult to get evidence of sexual
harassment, Li suggested helpers take protective measures, and even
"call the police when necessary."
Qiu Baochang, a lawyer from the customer rights
protection department of the Beijing Lawyers' Association, said it
has been always difficult to deal with sexual harassment cases, but
"it should be written clearly in the contract that employers must
respect helpers' dignity, and that the latter have personal and
sexual freedom."
But Zhang Xianmin of the March 8 Domestic Helper
Centre suggests the domestic workers also have a responsibility
that women employees need to "behave themselves, dress in
non-provocative clothes, and keep a safe distance from male
employers."
(China Daily October 19,
2006)
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