Tenaganita: Work contract needed for domestic workers
Labour rights organisation Tenaganita today urged the government to put in place a standardised work contract for domestic workers and to make it compulsory for all foreign workers to attend a post arrival orientation programme to advise them of their work expectations.
Its director Irene Fernandez said the latest government proposal for domestic worker to sign an agreement indicating their willingness to work for non-Muslim families is merely an "ad hoc measure" which would mean little if the foreigners do not know what circumstances they might face once they start work.
Labour rights organisation Tenaganita today urged the government to put in place a standardised work contract for domestic workers and to make it compulsory for all foreign workers to attend a post arrival orientation programme to advise them of their work expectations.
Its director Irene Fernandez said the latest government proposal for domestic worker to sign an agreement indicating their willingness to work for non-Muslim families is merely an "ad hoc measure" which would mean little if the foreigners do not know what circumstances they might face once they start work.
"The domestic worker who waits anxiously to come to Malaysia for employment with a dream to better her life and that of her family is unaware of the conditions of work, knows nothing about her employer and puts complete trust on the recruiting agent. In this scenario, the agreement means little and is superficial," she said in a press statement.
Yesterday, Deputy Prime Minister Abdullah Ahmad Badawi said the government will not be imposing a ruling to restrict employment of Muslim domestic workers only by Muslim households.
The debate over the issue came about after Home Ministry parliamentary secretary Abu Zahar Isnin proposed the policy change last month to deal with complaints that some non-Muslim employers had forbidden their Muslim workers to pray and had forced them to handle pork.
Vulnerable to abuse
Fernandez welcomed the government's decision not to make it a policy for Muslim domestic workers to be only employed by Muslim families but said there should also be recognition that domestic workers in general are more vulnerable as they live and work in the same environment.
"A domestic worker works in a very isolated work condition with the family as a whole, who then is her employer. She lives in the work environment day and night...It is indeed time that domestic help is recognised as a worker legally," she said.
According to Fernandez, the government should include domestic work in the Employment Act and enforce a standardised contract with stipulated terms and conditions of work so that the worker is guaranteed contractual rights to medical benefits and rest days.
In addition, she called on the government to develop a policy to ensure that all domestic workers go through a post arrival orientation programme so as to sensitise, educate and orientate both employers and workers on such issues as religious and cultural needs, sensitivity to worship, food and other aspects of daily living.
"This orientation programme can provide better knowledge and information, which can bring about better understanding and confidence between the employer, the worker and the recruiting agent. This programme will also help the foreign domestic worker to know her responsibilities, increase her capacity to manage her health and risks involved (with her work)."
Positive results
Fernandez said although Tenaganita has already mapped out a module for a post arrival programme, they have been unable to implement it without the collaboration of the government and recruitment agencies.
"The programme is being implemented in an informal way at the community level with various migrant workers. It is showing positive results where migrants understand better their work environment in Malaysia," she said.
"We hope the relevant agencies will develop such a policy (to recognise domestic work) and (set up) post arrival orientation programmes especially for workers who are without social support mechanisms. A standardised contract will also ensure a mechanism for redress and for accountability of employers.
"It is only when the government moves in this direction can we say that the state is committed to reducing abuse and exploitation of foreign domestic workers," she added.

