I refer to the malaysiakini report Build childcare centres, then no 'maid' problems .
The MP for for Seputeh raises the importance of carefully investigating the provision of good childcare centers and goes on to discuss the poor pay and conditions experienced by maids within Malaysia.
It is perhaps an opportune time to suggest reform to the Employment Act 1955, which governs the fundamental employment rights of all workers receiving payment of less than RM1,500 each month. Most Malaysians will be familiar with this Act by its implications, if not by its name. It is this very Act that gives us our right to leave of all types; time off for public holidays, a minimum amount of annual leave, sick leave, maternity leave and a rest day every single week (normally on a Sunday).
In addition, it is this Act which gives us our break every five hours, ensures we get paid extra for our overtime, allows us not to work more than 48 hours in a week and entitles us to our four weeks notice before being sacked. It is even behind our right to give notice to our employer to break our employment contact and leave our jobs.
If any of those rights were taken away from one of the readers of malaysiakini today, is it not certain that a letter would arrive in this very section tomorrow morning? These are, more or less, things we all take for granted, and yet not one of them applies to maids. Every single one of those rights recounted above are denied to domestic servants, whether they are local or foreign, by Schedule 2(1):5 of that same Act.
Would it not be a step towards improving the attractiveness of work as a maid, here in Malaysia, if we were to at least grant our maids these very minimal rights, the refusal of some of which certainly borders upon an infringement of human rights?
The repeal of Schedule 2(1):5 would make illegal many of the more abusive and unfavourable practices to which our maids find themselves victims. In particular, it would stop maids from being forced to work long and unscheduled hours, without sufficient breaks, and without proper days off each week. Maids, after all, are humans just the same as you or I and deserve to be treated properly.
There is one final change to the law which would make the lot of a maid much more bearable in the country. Efforts to restrict maid agency fees are noble, but a pragmatic examination of the issues suggests that the one-off fees should be entirely outlawed and replaced with a fixed monthly fee with a prohibition on anyone billing the maid even a cent before the start of service.
Were this the case, a maid would not start work indebted to the agency or her employer, giving her the freedom to leave should she face abuse of maltreatment. The agency, being out-of-pocket for both visa and travel costs, will find it suddenly important that the maid is both well-trained and well-placed so that the duration of contented service is maximised. Is it not more appropriate that the agency gains from a happy and well-placed maid more than from a second-rate maid who returns quickly to earn the agency yet another set of fees when redeployed?
Let us not forget that when Malaysia was placed on the US people trafficking blacklist , it was for a failure in, amongst other things, 'protecting migrant workers from involuntary servitude'. Having no option but to accept slave-like conditions from an employer because one has few legal rights and has been forced into substantial debt to a maid agency certainly should come under that category.
