Childbirths, attempted suicides, and pawned passports were among domestic-worker-related cases responded to by private employment agencies between 2020 and 2021, the National Association of Human Resources Malaysia revealed.
Its president Zarina Ismail told Malaysiakini that its members had also responded to more than 100 domestic workers suffering from various degrees of depression during the first two years of the Covid-19 pandemic.
Explaining the cases, Zarina said two domestic workers had given birth and had returned to their respective home countries with their babies once they were able to travel.
She said both pregnancies were a result of a consensual relationship between the domestic workers and their respective male partners.
“In one case, after being discharged from the hospital, the worker was housed at the agency shelter. The return tickets for mother and child were borne by the agency.
“The agency had also provided for the baby, and a staff had accompanied the mother and child right up to the city they returned to,” she explained.
Zarina shared this as a panellist at the National Consultation on Revising Social Protection in Asean in the Context of Covid-19 that was held on April 23-24, in Kuala Lumpur.
The consultative discourse was organised by the Bar Council’s Migrants, Refugees, and Immigration Affairs Committee in collaboration with the Migrant Forum in Asia and Our Journey with the support of the Workers' Welfare Association.
In the case of the pawned passport, it was highlighted to the employment agency by an employer when it was found out that the worker had pawned her passport with a moneylender for RM3,000.
She said the worker needed money to lend to a friend who was unemployed and undocumented.
Zarina said members had also taken calls from employers at all hours of the day and reported back to the association.
She said most cases were related to depression stemming from overwork, constant beratement and unreasonable demands.
This was further compounded by their constant worry for their loved ones back in their villages.
“However, in some cases, like the one I experienced, the worker missed her husband and child so much and wanted to return before her two-year contract had ended.
“When she was denied this, she ingested some tablets and cut her forearms.
“She was taken to the hospital and once she recovered, I sent a staff member to accompany her back to her home city too as I didn’t want to take the risk of leaving her alone,” she recalled.
Illegal agencies will ‘recycle’ workers
Governed by the Private Employment Agency Act 1981, Zarina said government-registered agencies were mandated by law to ensure the welfare of workers.
However, among the complaints that trickled back to agencies was how employers were being cheated by illegal agencies.
Malaysiakini, having spoken to a senior Labour Department officer in March, reported that action would be taken against any company carrying out migrant recruitment and placement activities without registering with the ministry with a special identification card.
Upon conviction, illegal agents would be liable to a fine not exceeding RM200,000 or to imprisonment for a term not exceeding three years, or both.
“Many of them appear to be legitimate businesses with company registration but once employers make the full payment, the domestic workers are given a signal to abscond from their legitimate employer.
“Naturally, the employer will be advised to make a police report and the agency promises a new domestic worker.
“In the meantime, the domestic worker who absconded would be sent to another employer whose domestic worker too had absconded and the circle of deceit continues to grow,” Zarina said, adding that this practice was termed as ‘recycling’ among industry players.
Employment agency’s role in migrant worker oversight
Owing to the overarching responsibility placed on employment agencies, Zarina said employment agencies could have played a bigger role in monitoring retrenchment, unpaid wages and other abuses at a time when rights violations were at their peak.
“Most importantly, we could have helped the government keep track of the whereabouts of workers, especially migrant workers recruited and placed by us,” she said.
However, Zarina said the government had not engaged employment agencies to collaborate their data or on any kind of feedback.
Zarina explained that employers who hire workers through employment agencies were aware that they had to notify the agency of the status of the workers especially if they were laid off.
When this happened, Zarina said many could not hold on much longer, especially because of the uncertainty of the pandemic.
“We were called in to make all the necessary arrangements and handle their departure process.
“Apart from the government enforcement officers, government registered agencies too have the authority to ensure that all their salaries are paid before the worker is sent home.
“We hold a special counselling session before the departure of migrants to their home countries,” she said.
Zarina explained that the Philippines and Indonesia are two countries that insist on the recruitment and placement of their citizens being carried out through local employment agencies.
She said Indonesia has very recently implemented this strict rule through their one channel system.
She said both countries wanted the processes that commenced with recruitment in the sending country right up to the placement of workers in the receiving country to be carried out by agencies registered with the respective governments.
“The new system is to ensure that employers and agencies were responsible for the welfare of workers seeking employment in Malaysia,” she explained. - Mkini
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