Saturday, November 21, 2009

1 day off per week, hold own passport, task force...agreed between Indonesia and Malaysia for Domestic Workers. But really still not enough

So, it seems that Malaysia and Indonesia have agreed to the following:-

* One(1) day off per week
* Migrant workers will hold on to their own passport [Not the employers]
* Malaysian government will also form a special task force in charge of controlling and monitoring rough treatment of  migrant workers

There is still no mention about the repeal of Item 2(5) of the First Schedule of the Employment Act. This will automatically provide domestic workers all the minimum guarantees and rights as provided for in our Malaysian Employment Act.

2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which-...

...(5) he is engaged as a domestic servant....

....Provision of the Act not applicable -Sections 12, 14, 16, 22, 61 and 64 and parts IX, XII and XIIA -FIRST SCHEDULE (Section 2(1))EMPLOYMENT ACT 1955 (REVISED 1981)

Part IX death with maternity leave...
Part XII deals with Rest Days, Hours of Work, Annual Leave, Sick Leave, Public Holidays,


37. Length of eligible period and entitlement to maternity allowance.
38. Payment of maternity allowance.
39. Payment of allowance to nominee on death of female employee.
40. Loss of maternity allowance for failure to notify employer.
41. Payment of allowance to nominee.
42. Restriction on dismissal of female employee after eligible period.
43. Conditions contrary to Part void.
44. Register of allowances paid.
44A. (Repealed).

58. (Repealed)
58A. Non-application of Part XII.
59. Rest day.
60. Work on rest day.
60A. Hours of work.
60B. Task work.
60C. Shift work.
60D. Holidays.
60E. Annual leave.
60F. Sick leave.
60G. (Repealed) .
60H. (Repealed) .
60I. Interpretation.

What about living conditions?

The Treatment over Indonesian Workers in Malaysia
Minister of Manpower and Transmigration Muhaimin Iskandar visits illegal Indonesian workers at the international airport Soekarno-Hatta, Jakarta, Nov. 10, 2009
Wednesday, 18 November 2009 | 4:20 AM
SURABAYA, - The relations between the Indonesian and Malaysian governments on the problem of Indonesian migrant workers have improved. "There is some improvement in  RI-Malaysian government relations with regard to migrant workers,"  Minister of Manpower and Transmigration Muhaimin Iskandar said here Tuesday.
Recently, the minister held a meeting with the Malaysian Home Affairs and Human Resources Ministers. "There are some things that we have discussed in  the meeting," he said after seeing off 450 migrants leaving for Gorontalo and Central Sulawesi at Tanjung Perak port in Surabaya.
Among the few things agreed upon in the meeting the workers one day off and allowing them to keep their passports, no longer their employers. Besides, the Malaysian government will also form a special task force in charge of controlling and monitoring rough treatment of  migrant workers.
According to the minister, an employer  found guilty of rough treatment of a migrant worker, she or he will be dealt with firmly by the special task force of the Malaysian government. "We are very grateful to  President Susilo Bambang Yudhoyono for his  meeting with the Malaysian Prime Minister some time ago," said Muhaimin.
The second head of state’s meeting was followed  by Muhaimin’s  meeting with Malaysian Minister of Home  Affairs and the  Minister of Human Resources. "Both of them are old friends of mine,"  Chairman of the National Awakening Party (PKB) said. The two neighboring countries’ relations had been disrupted following several issues regarding migrant workers, ranging from torture cases to deportation.- Kompas.Com, 18/11/2009,
The Treatment over Indonesian Workers in Malaysia

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