Dwi-Lestari, an Indonesian migrant worker (PMI) who worked as a domestic worker in Hong Kong, sued her former employer for more than HK$250.000 for alleged acts of racial discrimination. The standard states that this is the first legal case involving religious practices brought by a domestic worker in the Land of Concrete.
"The domestic worker, Dwi-Lestari, admitted that she was prohibited from wearing the hijab and praying on weekdays in March 2020," wrote The Standard. "In a writ submitted to the District Court, Dwi-Lestari sued her former employer Leung Choi, his son Ho Wai-sun, and his daughter Ho Wai-ngor."
Leung employed Dwi at their flat in the Wah Fu public housing complex from March 2 to March 16 2020 with a monthly salary of HK$4,630. She was required to do household chores, help cook, and accompany Leung when shopping.
As a Muslim woman, Dwi-Lestari is required to wear the hijab, which is outer clothing that covers her head and hands when she leaves her employer's house. He had practiced this during his previous work with four families in Hong Kong from 2009 to 2018.
But Dwi said she was prohibited from wearing the hijab by Ho Wai-ngor, who gave her a verbal warning and asked her not to wear the hijab when going out with her family. As a result of the pressure, Dwi-Lestari said she had no choice but to end up wearing only a head covering and hat.
“Dwi-Lestari's lawyer said he was not told whether Leung, now 87, or his children, objected to him practicing his religion before the contract was signed,” SCMP wrote.
Dwi-Lestari's beliefs as a Muslim woman also require her to pray five times a day. While working in Leung, he said that he only prayed three times a day, namely at 04.30, 14.00 and 22.00 for about 10 minutes each time. Even though he should have prayed five times, it seems that Dwi has changed the taqdim of the Zuhr-Asr prayers and the Maghrib-Isha prayer, in order to adapt to the prohibitions of his employer who feels disturbed by his prayer practice.
However, his employer's family actually took him to an employment agency on March 16 2020, showing surveillance camera footage of him praying. Dwi did not know there were surveillance cameras in the house.
“[Ho Wai-sun] expressed his objection to [Dwi]'s actions in performing daily prayers and said words to the effect that [Leung], because of his old age, would be 'scared to death' if he saw [Dwi] pray when he wakes up,' the letter said.
Dwi also apologized and suggested praying outside the house, but this was rejected by Ho Wai-sun, who said that he could only pray during the holidays if he wanted to continue working. As a result, Dwi-Lestari said he was fired (terminated) on the same day and did not receive any salary or payment in lieu of notice (one month notice), except for HK$100 from Ho Wai-sun.
SCMP quoted a written statement at the Honng Kong District Court trial, on Thursday (14/9/2023), which stated that Dwi's employer's family had violated the Racial Discrimination Law by asking the domestic worker to abandon her religious practices as a condition for retaining her job. .
In early 2021 he asked Justice Without Borders for assistance in his case, an organization that helps exploited migrant workers. Dwi also filed a complaint against Leung with the Equal Opportunities Commission (EOC).
The EOC then arranged two conciliation meetings to mediate between Dwi and the Leung family in June and September 2021, but there was no agreement. In his written demand letter, Dwi demanded compensation of more than HK$250,000.
The details are HK$200,000 for emotional distress, HK$2,210 as wages for the two weeks up to March 16 2020, payment in lieu of notice of HK$4,630, HK$27,780 for loss of income, and a penalty payment of HK$20.000.
