Tenaganita: Recognise maids as employees

Human rights NGO says as long as there's no protection mechanism, domestic helpers will run away.

PETALING JAYA: Tenaganita is in the midst of drafting legislation that will protect domestic helpers in Malaysia.

Aegile Fernandez, who heads the human rights NGO, said there are no specific laws which cater to this group of employees at present.

“We are on schedule to finalise the draft legislation sometime in October.

“We are pushing the protection mechanisms which will follow the International Labour Organisation (ILO) convention on domestic workers,” she said on the sidelines of a Freedom Film Fest event here yesterday.

She added that there is a need for such legislation because the government has not provided any protection mechanisms for domestic helpers, otherwise known as maids.

Aegile said the draft legislation will also follow Malaysia’s current Employment Act 1955 that will recognise domestic helpers as employees.

“Currently, we know them as maids. And they do not have proper contracts with their employer. We will try to change that,” Fernandez said, referring to the family with whom the domestic helper stays, as opposed to maid agencies.

“There are also no mandatory leave days set out for domestic helpers. So, they are working around the clock.”

She added that a copy of the draft legislation will also be sent out to the relevant authorities in countries that send domestic helpers to Malaysia, namely Sri Lanka, Cambodia, Laos, Indonesia, Timor Leste, India and the Philippines.

Malaysian Maid Employers’ Association (Mama) data show there are more than 250,000 registered domestic workers in Malaysia.

However, it is estimated one out of every 20 maids will go missing, running away from their employers.

The main reasons for domestic helpers disappearing are largely because of abuse by employers, poor working conditions, better opportunities elsewhere and a yearning for freedom.

Responding to these statistics, Fernandez said such a situation occurs when domestic helpers do not get the necessary protection.

“Personally, I would say the domestic helpers are not running away. They are merely leaving their employment. Because they don’t have protection here.

“The contracts they get are also one-sided in favour of the employer because none of the clauses apply to their rights as an employee,” she said.

Fernandez said unlike Malaysia, at least Hong Kong has set basic working days. Their domestic helpers get Sundays off.

“We plan to approach the human resources ministry and members of parliament to support our legislation.

“If possible, we want them to table it at the next parliamentary sitting,” she said. - FMT