E/C.12/CHN/CO/2 cultural rights, granting them access to legal employment, including vocational training, and adequate housing. Migrant domestic workers 43. The Committee is concerned about the unfavourable working conditions faced by migrant domestic workers in Hong Kong, China, particularly due to the “two-week rule”, whereby migrant domestic workers have to leave the territory within two weeks upon termination of their contracts, as well as the requirement for migrant domestic workers to live in the employing household. The Committee regrets that Hong Kong, China, has not taken any concrete measures to repeal these rules, and that migrant domestic workers are therefore exposed to abuse and exploitation. Furthermore, the Committee is concerned about the exclusion of migrant domestic workers from the Minimum Wage Ordinance, social security and maternity leave protection (arts. 7 and 10). The Committee recommends that Hong Kong, China: (a) Adopt a comprehensive law to regulate domestic work and ensure that migrant domestic workers enjoy the same conditions as other workers regarding remuneration, protection against unfair dismissal, rest and leisure, limitation of working hours, social security and maternity leave protection; (b) Take immediate action to repeal the two-week rule and the live-in requirement and eliminate conditions that render migrant domestic workers vulnerable to compulsory labour and sexual assault; (c) Provide effective mechanisms for reporting abuse and exploitation in light of the difficulty some domestic workers have in accessing telecommunications services; (d) Establish an inspection mechanism for monitoring the conditions of work of domestic workers, in particular migrant workers. Trade union rights 44. The Committee notes with concern that, despite the recognition of the right to strike, trade unionists dismissed for participating in a strike cannot be reinstated, and can only claim for compensation. The Committee regrets that Hong Kong, China, has not adopted legislation on collective bargaining (art. 8). The Committee strongly recommends that, in line with its obligations under article 8 of the Covenant, Hong Kong, China, take all necessary measures to amend the Employment Ordinance to allow the reinstatement of trade unionists arbitrarily dismissed for participating in trade-union activities. The Committee also recommends that Hong Kong, China, accelerate the process of adopting legislation on collective bargaining. Residence requirement for applicants for social security 45. While noting the information provided by Hong Kong, China, on the recent ruling by the Court of Final Appeal, declaring unconstitutional the seven-year residence requirement for applicants for social security benefits under the Comprehensive Social Security Assistance Scheme, the Committee remains concerned about the limited scope of the implementation of such decision. The Committee also regrets that, under the seven-year residence requirement, new immigrants, including those from other parts of China, have been exposed to unreasonable restrictions in accessing social security benefits (art. 9). 14

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