Page 72 - BPAReport

5.6.1 Issues and problems

127. The SMO gives rise to many risks. Source countries are unhappy because this
undermines the programs they have developed to ensure protection for the FDW when they
work abroad. With SMO source country authorities will not be able to keep track of citizens
who venture abroad without appropriate training and briefing on their contractual rights and
the basic knowledge for undertaking the tasks of their prospective jobs.

128. FDW coming through SMOs may become victims of human smugglers and
traffickers that subsequently leave the FDW in debt bondage or forced labour situations.

129. The difference in procedures as applied to an Indonesian FDW gives rise to inequality
of treatment of FDWs from other countries. Allowing private employment agents to source
FDWs may give rise to exploitative, debt bondage and forced labour situations.

130. All domestic workers, including FDWs, are excluded from many of the basic labour
protection under the Employment Act (section 59(1)), enjoyed by other workers, e.g. work
hours, rest days, continuous rest periods, accommodation, minimum wages, worker safety net,
etc

131. FDWs are often subject to exploitation of long working hours, underpayment and
overworked conditions. There is also an element of unpaid wages and sexual harassment.
FDWs also face unlawful deduction of fees and debt bondage created by recruitment agents.

132. Both Indonesia (2009) and Cambodia (2011) have in the past suspended their
nationals from being deployed as FDWs in Malaysia, because of reports of abuse and
mistreatment of these workers.

5.6.2 Policy recommendations for FDWs

Overall policies

133. MOHR should consider promulgating a Domestic Workers Act to provide protection
for all Malaysian and foreign domestic workers. Pending enactment of such an Act, MOHR
could put forward amendments to the Employment Act, including those applicable to
Sarawak and Sabah, to ensure that domestic workers and FDWs in particular, are reasonably
fully and equally covered as is the practice for other occupations. Malaysia should consider
becoming a party to the ILO Convention 189 for domestic workers and its Protocol.

134. MOHR working with other stakeholders should aim towards having MOUs with all
source countries for FDWs. These MOUs should be standardised with respect to predeparture
health checks, basic training in childcare, handling household chores,
communication and the rights of the FDWs. They should also include a standard employment
contract with segments containing provisions for workhours, rest periods, periodic contacts
with FDW family members, freedom of movement and mechanisms for filing complaints.

135. The MOU should also have a list of agreed procedures to be followed, e.g bio-metric,
health check, training, etc. The contract must also state that all reasonable costs are to be
borne by the employer, except for personal items, etc. passport fees, clothing, etc.

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