Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
In a statement commenting on the proposed amendments to the Employment Act
1955, its director Irene Fernandez said, although a positive step, this will
not eliminate the rampant discrimination and abuse faced by domestic workers.
<p>“The piecemeal and ad hoc amendments proposed to Section 57A of the Act
will in no way eliminate the discrimination faced by domestic workers; the abuse
suffered daily in the private domain of employers, and in providing them the
equal treatment to benefits as enjoyed by all other workers in the country,”
she said.</p>
<p>Human Resources Minister Fong Chan Onn was reported in newspapers today as
saying that the move would ensure protection of wages for domestic workers,
prevent employers from withholding wages and prevent non-payment of wages.</p>
<p>More than 300,000 employers will have to open bank accounts in the names of
domestic workers and pay the salary into the accounts each month.</p>
<p><b>Protection for workers</b></p>
<p>Fernandez said the ministry would have to do more before it could “boast”
of protecting the human rights of domestic workers.</p>
<p>“Instead of just expanding Section 57A of the Act, the ministry should
politically commit itself to developing a separate legislation on domestic workers.
Such a legislation would define domestic work, benefits, leave and fundamental
rights of a worker.”</p>
<p>She pointed out that Malaysia has ratified the Convention on the Elimination
of All Forms of Discrimination against Women (Cedaw) but this commitment is
not reflected in the statutes of the country and in enforcement.</p>
<p>“Until (Malaysia) abides by international human rights standards as outlined
in the Universal Declaration of Human Rights, in the Convention on the Protection
of Rights of All Migrant Workers and Their Families, and Cedaw, it has no right
to spout false rhetoric on its human rights record and efforts to increase protection.”</p>
<p>She also urged the ministry to emulate the Hong Kong government which has moved
the protection of domestic workers’ rights under the Employment Ordinance.
This not only regulates workers’ minimum wages and rest days but also stipulates
the penalty in the event of breach of the rules.</p>
<p>“For example, underpayment is an offence and the employer is liable upon
conviction to a maximum fine of HK$200,000 dollars and imprisonment for one
year. And an unlawful deduction brings in a penalty of HK$100,000 and one year’s
imprisonment.</p>
<p>“These forms of guarantee under the employment regulations will show proof
that the government is committed to protecting domestic workers, making employers
responsible and accountable and reducing exploitation and abuse.”</p>
<p><b>Standardised contract</b></p>
<p>Fernandez said the problems related to wages in Malaysia cover more than just
payment of monthly wages.</p>
<p>“How does the domestic worker know what her wages are unless there is
a clearly defined standardised contract of terms and conditions of employment,
signed at the country of origin and attested to by the relevant embassy of the
worker?”</p>
<p>In recognising that the wages have to be paid into the domestic worker’s
bank account, the government must now address these questions:</p>
<p>- How are wages calculated?
– Will it be a blanket assumed wage that is not defined anywhere?
– Will the wages include overtime payment?
– What will be the rules for deductions?
– Who makes the decision on deductions and what are the rights of the domestic
worker?</p>
<p>She pointed out that Tenaganita has come across instances of “unlawful
deductions” – including cost of repairs of washing machine, breaking of
cutlery and crockery, purchase of medicines and fixing of new telephone line
“because the domestic worker’s family had called her twice from Indonesia”.</p>
<p>Some employers even have the audacity to deduct RM250 because the domestic
worker had left the house without the employer’s permission because she
was being abused, said Fernandez.</p>
<p>Without clear contractual terms, she said, the current discriminatory practices
in the recruitment and employment of house helpers will continue.</p>
<p>“From the cases we have handled, we have seen a trend where employers
employ the worker as a domestic worker but then she is made to work in a launderette,
in a restaurant or in a grocery. The worker actually does two jobs but is only
paid the wages of a domestic worker.”</p>
<p>Although the employers know that they are violating the work permit, they continue
to act unscrupulously because the conditions of work are not stipulated in any
law, she said.</p>
<p>“This non-recognition of domestic work as work has opened wide doors for
abuse, exploitation and treatment of domestic workers as maids, servants or
slaves.”
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com