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?
The revised rule, spelt out in the new work permit application forms issued
last month, is part of the Manpower Ministry’s (MOM) efforts to reverse the
growing trend of employers withholding pay from their maids.
<p>There were 262 such cases last year, up from 214 in 2003, 189 in 2002, and
137 in 2001. </p>
<p>Previously, the work permit conditions stated that employers "shall be
responsible and bear the costs of the worker’s upkeep and maintenance"
and that they should "pay all salaries due to her". </p>
<p>The amended law says that the employer must pay the wages every month and not
later than seven days after the last day of that month. </p>
<p>Failure to comply is now an offence under the Employment of the Foreign Workers
Act and employers can be fined up to S$5,000 (RM11,500), jailed up to six months,
or both. </p>
<p>They may also be hauled to court. </p>
<p>Said a MOM spokesman: "In addition, the ministry may bar employers from
future employment of maids." </p>
<p>Maids, maid agents and employers supported the revised rules. Association of
Employment Agencies (Singapore) president Helen Tan said: "The ruling is
very clear. It’s a basic responsibility to pay the maid you hire." </p>
<p>Maid agent Chew Kim Whatt from CKW Connection said even with the new laws,
agents should call maids regularly to check whether they are paid promptly.
</p>
<p>And if the employers do not pay, "they should be jailed and fined so that
they will know the pain they have caused," said Filipina maid Patricia
Vea, 38, who added that she knew a fellow maid who went home without a single
cent. </p>
<p>Former nominated MP Braema Mathi, who advocates greater protection for maids,
said the amendment was "long overdue". </p>
<p>Mathi, one of the founders of civil society group TWC2 (Transient Workers Count
Too), added: "It is great that the ministry is finally making the terms
as fair as possible to maids whom we employ." </p>
<p>She hopes that more private contractual terms between the agents, maids and
employers can be tidied up. </p>
<p>There are still some gray areas concerning how the new rules will apply and
whether they can be enforced. </p>
<p>For example, maids do not get paid during the initial five to eight months
of employment, as their salaries go into paying agency fees. </p>
<p>Also, most employers keep a portion of their maids’ monthly salary in a joint
bank account to cover any emergency expenses that may arise before their maids’
contracts expire. </p>
<p>Maid agent Philip Lim said: "For example, the maid might want to go home
suddenly and such savings can be used to cover the airfare. </p>
<p>"But the money ultimately belongs to the maids and they are entitled to
it when their contracts are up." – The Straits Times/ANN
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