KUALA LUMPUR: Legal gaps in protecting foreign domestic workers in Malaysia leave them vulnerable to potential abuse by employers, say migrant worker rights groups.
They are urging the government to recognise the role played by over 100,000 domestic workers in Malaysia by implementing several proposals, including a mandatory 24-hour off-day each week.
The groups said in a statement on Sunday (June 15) that the weekly day off is a right of foreign domestic workers that is not always extended.
The statement was signed by the Association of Nationalist Overseas Filipino Workers (AMMPO), Indonesian Domestic Workers Association (Pertimig), Our Journey (Malaysia), and the International Domestic Workers Federation (IDWF).
According to a survey by IDWF, Pertimig and AMMPO, almost all migrant domestic workers surveyed in Malaysia, or 95% out of 108 total respondents, were deprived of weekly days off.
The survey also found that 15% of the workers surveyed experienced physical violence, threats, or verbal abuse, or a combination thereof, from employers when they requested a day off.
On a related matter, Datuk Seri M. Ramachelvam of the Bar Council said that despite several legal reforms, foreign domestic workers were still deprived of some basic rights.
Speaking at the International Domestic Workers Day celebrations here on Sunday, he said this group of workers was not covered by changes to the Employment Act 1955 that came into force in 2023, such as fewer weekly working hours and increased maternity leave.
The Bar Council's migrants, refugees and immigration affairs committee co-chairman said there should be a separate law enacted specifically for foreign domestic workers to safeguard their rights.
“Domestic worker legislation is imperative. That's something that the government needs to look into seriously.
“The other area that the government needs to look at is the work conditions, to ensure that these are humane, comply with international standards and norms, and that there is no exploitation,” he added.
Ramachelvam also urged the Human Resources Ministry to introduce standardised job contracts and regulations covering foreign domestic workers.
“The government can issue regulations on domestic workers, which is within the powers of the minister, without going to Parliament,” he added.
