Press Statement: Stemming the Abuse of Domestic Workers/Foreign Workers
Contributed by Ramachelvam Manimuthu
Wednesday, 24 September 2008 06:41pm
The Bar Council is deeply concerned about the plight of domestic workers both
local and foreign. The approximately 380,000 domestic workers who are migrants
and thousands of others who are locals are prone to abuse and labour
exploitation because they receive scant protection under the Employment Act.
Schedule 1 of the Employment Act, which is supposed to provide basic rights to
all workers, specifically excludes them from Parts IX, XII and XIIA. This means
that they are not entitled to a rest day, paid public holidays, annual leave,
sick leave, maternity or termination benefits. In addition to this, they are
excluded from provisions, which limit the number of hours they can be asked to
work. This in effect means that there is nothing illegal about a domestic worker
being asked to work a 20-hour day - surely this cannot be right.
The simple solution to this deplorable state of affairs is to extend to all
domestic workers the basic protections of the Employment Act. According them
such protection is especially important since they work in individualised and
isolated situations in which they can be very easily exploited.
It is important to note that employers have no qualms about exploiting their
workers, local and foreign alike, and denying them their basic human dignity
because strong sanctions against such exploitative labour practices are
non-existent. The maximum fine for any breach of the provisions in the
Employment Act, for example, is a mere RM10,000 and there is no provision at all
for a jail term. As long as there is no threat of strong sanctions and harsh
penalties for employers who blatantly and willfully deny their workers their
rights; instances of severe exploitation will continue unabated.
Finally, in order to uplift the plight of migrant workers in Malaysia, it is
important that migrant workers be given real access to justice. The procedures
presently in place make it extremely difficult for a foreign worker to pursue a
claim in court – be it the labour court or the industrial court.
When migrant workers seek to assert their rights in law, employers often resort
to frustrating such legal challenges by arbitrarily canceling these employees’
work permits. Employers do this, as well as refuse to take part in negotiations
and delay the court process, because they know that the Immigration Department’s
current policy makes it extremely difficult for a foreign worker to remain in
the country to pursue his/her legal rights.
In order to remedy this situation mechanisms and procedures need to be developed
in order that:
(a) A migrant worker is allowed to remain in the country in order to pursue a
claim which he/she has lodged;
(b) The migrant worker is allowed to work during this period in order that
he/she can support himself/herself; and
(c) All cases involving migrant workers are fast-tracked.
Domestic workers and foreign workers are groups of persons that are sorely in
need of greater protection from the State. The litmus test of how civilized we
are as a nation is measured by the kind of treatment we accord such powerless
and vulnerable groups.
Dato’ M. Ramachelvam
Chairperson
Law Reform and Special Areas Committee
Bar Council
Let us Malaysians reduce the problems of foreign maids. written by Tan Peek Guat,
Friday, September 26 2008 02:56 am
Learn to say 'good-bye' to the foreign maids!
Send the foreign maids home and rely upon ourselves.
Why should we go on to pamper ourselves so much that we cannot carry on with our lives without the foreign maids?
I am undertaking a survey of all the ills caused by these foreign housemaids. Send all your complaints and grievances about them to me at my email address.
From simple public views we can see how the maids behave these days. They do part-time jobs at night clubs and bars. Some hurt and kill their mistresses and their relatives; some steal from their employers' homes; some threaten their master's family members; some have affairs with their masters' sons culminating in ill wanted marriages and illegitimate children. We must not forget also, that some of them are hiding in apartments and condos reproducing and raising their own families here in Malaysia.
So, why should we still get on with such unwanted foreign maids around us and especially, in our homes? Are we not asking for troubles? How do we know when they will invite their foreign illegal immigrants to rob our homes when the masters are out?
Therefore, we should learn not to invite danger. We should not allow such foreign maids to have the upper hand over our loved ones, especially the innocent children.
We need to be in control. Maids are pretentious. When the masters are not in, their treatment of the children will be different. Do not assume that they will be the same as when the masters are around in the households.
If the maids cannot be controlled, and expecting more money all the time, send ALL OF THEM BACK TO THEIR HOMELANDS. Say to them, "Well, we have enough of your nonsense, and good-bye!"
Tan Peek Guat
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Committees 
The Bar Council is deeply concerned about the plight of domestic workers both
local and foreign. The approximately 380,000 domestic workers who are migrants
and thousands of others who are locals are prone to abuse and labour
exploitation because they receive scant protection under the Employment Act. 
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
Learn to say 'good-bye' to the foreign maids!
Send the foreign maids home and rely upon ourselves.
Why should we go on to pamper ourselves so much that we cannot carry on with our lives without the foreign maids?
I am undertaking a survey of all the ills caused by these foreign housemaids. Send all your complaints and grievances about them to me at my email address.
From simple public views we can see how the maids behave these days. They do part-time jobs at night clubs and bars. Some hurt and kill their mistresses and their relatives; some steal from their employers' homes; some threaten their master's family members; some have affairs with their masters' sons culminating in ill wanted marriages and illegitimate children. We must not forget also, that some of them are hiding in apartments and condos reproducing and raising their own families here in Malaysia.
So, why should we still get on with such unwanted foreign maids around us and especially, in our homes? Are we not asking for troubles? How do we know when they will invite their foreign illegal immigrants to rob our homes when the masters are out?
Therefore, we should learn not to invite danger. We should not allow such foreign maids to have the upper hand over our loved ones, especially the innocent children.
We need to be in control. Maids are pretentious. When the masters are not in, their treatment of the children will be different. Do not assume that they will be the same as when the masters are around in the households.
If the maids cannot be controlled, and expecting more money all the time, send ALL OF THEM BACK TO THEIR HOMELANDS. Say to them, "Well, we have enough of your nonsense, and good-bye!"
Tan Peek Guat