Problem was that this was just a Standard Form - and most domestic worker employers did not give their domestic workers the 1 rest day per week, and I do believe that most employers also never did pay 'adequate compensation' for working on the rest day. [Note that in our Employment Act 1955, if one is asked to work on a rest day - one is entitled to receive double pay...]
so, when the '...minister Datuk Dr S. Subramaniam said that the Labour Department was currently drafting a standard employment contract for foreign maids to be used by prospective employers...', I say that this is of no use, unless it is made law.
Better to just amend the Employment Act, add a few sections that will cover Domestic Workers, and clearly state there that the domestic worker shall be be entitled to one day rest per week.
Also, it must be made clear that if the employer wants the domestic worker to work on the rest day, the worker must be paid double wages for the 1st 8 hours of work, and there after 1 1/2 times that rate for working on the rest day for every subsequent hour of work.
Consent of the domestic worker must also be required - and it should also be stated that at the very least the domestic worker (by agreement) can work for just 2 rest days per month, and this means that the domestic worker shall at the very least have 2 - 3 days off per month.
Our Malaysian Employment Act acknowledges the domestic worker - and uses the term 'domestic servant', and the definition clearly covers all kinds domestic worker. One thing that we could do is to change the word 'domestic servant', and replace it with the more dignified term, 'domestic worker'.
With regard the domestic servant, it is clearly stated that the following sections of the Employment Act are not applicable to them, being:- Section 12 (Notice of termination of Contract), 14 (Termination of Contract for Special Reasons), 16 (Employees on Estates to be provided with minimum number of days’ work in each month), 22 (Limitation on advances to employees), 61 (Employers Duty to Keep Register), 64 ((Employers Duty to display notice boards), Part IX (Maternity Protection), Part XII (Rest Days, Hours of Work, Holidays And Other Conditions of Service) and Part XIIA (Termination, Lay-Off And Retirement Benefits.
So, what needs to be done is to insert clear provisions which stipulates domestic workers rights, which should not only include one day rest per week, but also provisions with regard to accommodation standards and privacy, religious rights & obligations, freedom of association, etc
Another report:-It would soon be compulsory for foreign maids to be given one rest day in a week, to be determined between the employer and the domestic servant as part of the compulsory employment contract, the Human Resources Ministry has decided.Its minister Datuk Dr S. Subramaniam said that the Labour Department was currently drafting a standard employment contract for foreign maids to be used by prospective employers.
The standard contract, he said, would be furnished to the Immigration Department, which would have to verify adherence to its terms before approving any application for or renewal of visas for foreign maids.
The Labour Department will share with Immigration information on existing employers employing foreign maids.
The proposed move is part of measures which would be taken to improve the management of the employment of domestic servants and foreign domestic servants, Subramaniam said.
He said that the measures were necessary to handle the flood of exploitation and abuse cases involving foreign domestic servants.
“We have come up with measures to improve the foreign workers employment scenario in Malaysia.
These measures would be implemented “as soon as they have been approved by the Attorney-General within this year,” Subramaniam told reporters at a press conference after the ministry’s closed-door meeting with companies that employ foreign domestic servants at Wisma Pembangunan Sumber Manusia Berhad here on Tuesday.
Also at the meeting was the director-general of the Manpower Department of the Human Resources Ministry, Romli Hassan.
Surprise checks
The Labour Department will also make random enforcement visits to places where foreign maids are employed to check on their welfare and to ensure that all rules and terms of employment were adhered to.The enforcement teams would include female officers, and this exercise will begin immediately, Subramaniam said.
“During the visits, if maids are found working other than where they are supposed to be employed, corrective action will be taken.
“This would include reporting to Immigration to take appropriate action against these employers, including withdrawing their permits,” he added.
Employers wishing to employ foreign maids must also furnish Immigration with a contract of employment which contains terms and conditions of services relating to wages, rest days and insurance coverage.
Subramaniam said that currently about 231,355 foreign maids reside and work in Malaysia- Star, 16/6/2009, Maids to get one day off, govt to make surprise checks
By the end of the year, Indonesian maids will have a day off every week, enjoy Socso benefits and the security of an employment contract signed with employers.
They will also receive unannounced visits from Human Resource Ministry officials at their place of employment.
There will also be a registry of the maid's personal and employment data with the ministry and the Immigration Department.
The maids will be provided a handbook listing the telephone numbers of embassy officials, labour offices, police and welfare organisations.
These are some of the "perks" which the cabinet had recently approved and which would now be forwarded to the Attorney-General's Chambers for legislation.Human Resources Minister Datuk Dr S. Subramaniam said the proposals were expected to be gazetted under the Labour Act.
"We hope these measures will provide maids with better security and welfare," he said after a brainstorming session on foreign workers in Bukit Damansara yesterday.
On the day off, Dr Subramaniam said this was being enjoyed by Filipina maids.
"The day off will give Indonesian maids a chance to mingle with their own citizens.
"Should the employer require the maid to work on their day off, they should be compensated."
He added the ministry would hire more women officers who could advise and counsel the maids during their contact with them.
He said employers who withheld their maids' passports would be held responsible for the renewal of their work permits.
He added employers could only deduct a maximum of 50 per cent of a maid's monthly salary to pay for agent's fees and not deprive them of six months' salary to recover costs.
On the most recent abuse case involving maid Siti Hajar, he said he had met his Indonesian counterpart a few days ago and assured the latter that Malaysia took a serious view of it.
Siti Hajar said she had run away after she was scalded by her employer, who has since been detained by police. - New Straits Times, 16/6/2009,Indonesian maids to get day off, contract by year-end
That standard employment contract for foreign maids to be used by prospective employers (in Bahasa Melayu) , which has already been available since 2006 is as follows:-
PERJANJIAN PEKERJAAN
Perjanjian ini dibuat pada haribulan ……………………………. bulan …………………
tahun ………… di antara ………….……………………………………………………
K/P No. ……………………… beralamat ………...……………………………………….
………………………………………………………………………………………………
(selepas ini disebut majikan ) dan
………….……………………………………………… pemegang passport
…………………………………No. …………….…………………… (selepas ini disebut
Pembantu Rumah Asing) adalah dengan ini dipersetujui dan diisytiharkan sebagai berikut
:-
1 . Tempoh Perjanjian
Majikan dikehendaki menggaji Pembantu Rumah Asing selama setahun ke setahun
bermula dari tarikh ketibaan Pekerja di tempat kediaman *majikan / bekerja.
2 . Tempat Bekerja
Pembantu Rumah Asing hanya dibenarkan bekerja dan tinggal di
…………………………………………………………………………………………
…………………………………………………………………………………………
3 . Tugas dan Tanggungjawab Pembantu Rumah Asing
a) Pembantu Rumah Asing mestilah cekap dan setia, membantu melaksanakan
tugas rumahtangga / melaksanakan kerja.
b) Pembantu Rumah Asing mestilah mematuhi segala arahan majikan berkaitan
dengan perlaksanaan tugasnya.
c) Pembantu Rumah Asing mestilah bekerja dengan majikannya sahaja dan tidak
boleh bekerja dengan majikan lain.
d) Pembantu Rumah Asing dikehendaki sentiasa bersopan-santun dan
menghormati majikan dan keluarganya.
e) Pembantu Rumah Asing mestilah mematuhi undang-undang dan adat resam
rakyat Malaysia.
4 . Kemudahan Tempat Tinggal / Makanan / Rawatan Perubatan
a) *Majikan mesti menyediakan tempat tinggal percuma dengan bekalan air dan
elektrik untuk Pembantu Rumah Asing
b) *Majikan mesti menyediakan makanan berkhasiat sekurang-kuranya tiga kali
sehari untuk Pembantu Rumah Asing.
c) *Majikan mesti menanggung bayaran rawatan perubatan sekiranya Pembantu
Rumah Asing sakit atau tercedera semasa bertugas bekerja.5 . Hari Kelepasan
Majikan mestilah membenarkan Pembantu Rumah Asing mengambil satu hari kelepasan pada setiap minggu. Hari Kelepasan ini hendaklah dalam jangkamasa berterusan tidak melebihi 24 jam. Sekiranya majikan meminta Pembantu Rumah Asing bekerja pada Hari Kelepasannya, majikan mestilah memberi ganjaran sewajarnya.
6 . Penamatan Kerja
a) Majikan boleh menamatkan perjanjian ini atas alasan jika Pembantu Rumah
Asing :-
i) Sengaja bekerja dengan majikan lain.
ii) Sengaja mengingkari arahan munasabah yang
berhubung dengan kerja-kerja Pembantu Rumah
Asing.
iii) Berterusan mengabaikan tugasnya dan sentiasa
lewat memulakan kerjanya.
iv) Didapati bersalah kerana menipu dan tidak amanah.
v) Hamil (jika berkenaan sahaja)
vi) Terlibat dengan kegiatan-kegiatan haram seperti
penyalahgunaan dadah, pelacuran, kegiatan
subversif, jenayah dan sebagainya.
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