Sep 13, 2009

1. What laws are there for employers and for household help? (by Sivaneswary Raman)

There is a very little of no protection for domestic workers in Malaysia’s employment laws at the moment.In short, there is no protection for domestic workers under the Malaysian Employment laws.In Malaysia, with over 320,000 domestic workers, it is time for some legislation to protect the rights of these domestic workers.Although, the Malaysia Immigiration Department “policy” or guidelines of employment do stipulate that a domestic worker is entitled to one day off-but in practice save for the Filiphino worker, none of the other domestic workers seems to be getting any day off, let alone anytime off.They are treated more like “property” than human beings.
Maids also covered under the Workmen’s Compensation Act and as a standard contract signed by employers and workers, stipulating the terms of employment and soon.Workmens’s compensation is a compensation for injury to an employee or worker arising out of and in the course of employment that is paid to the worker or dependants.The employer will have to purchase a workmen’s compensation insurance for workmen’s compensation claims by injured employees.Only foreign workers are covered under this act in respect of compensation for employment injury as well as non-employment injury vide workmen’s compensation (Foreign Workers Scheme) (insurance) order 1993.
What requirements to employ a foreign workers
An employer is not allowed to utilize the services of any private employment agency or individual agent I handling matters concerning employment of a foreign workers.An employer shall meet the worker at the arrival gate of the specified entry point and help them settle in and find their way o the work place.An employer must provide appropriate accommodation to the worker.Department of labour will conduct checking to confirm the compliance with this.It is responsibility of employer to ensure the validity of the work pass of the foreign workers at all the time.Where a foreign worker fled, the employer shall make a report to the Immigration Department.It shall protect the foreign workers under the workmen’s compensation scheme.
When should wages be paid to employees
Wages less any lawful deduction are payable not later than the 7th day after the end of wage period.When a wages period is not specified in the contract of service, the wage period shall deemed to be one month.A wage period shall not exceed one month.
The head of the country’s immigration department says that blacklisted employers will face regular searchers of their homes to check that they employing with the ban.The immigration director says he wants to uphold the country’s image as a nation of caring employers.In addition to lifetime blacklisting for anyone physically attacking their staff, those who verbally or emotionally abuse them could face a three year ban and those who fail to pay their wages , a two year ban on hiring help.Immigration officers will regularly search th homes at convicted employers to make sure that maids have not been killed on in the name of other family members.
Employers committing any offences under laws would be liable to a maximum fine o between RM20000 for every employees involved.The workmen’s compensation act 1952 also allows for a jail term of between one or two years.

8 comments:

  1. I am Amirah Abdul Raffar. I agree with your points. Which book did ou refer to? or what articles? Well, it is hoping that the laws will guide the employers to serve their maids better, so that they will serves them well too. TQ ;)

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  2. Hi Amirah.It's me Sivaneswary Raman again. All the points are i refer through the internet.but there is less law to protect the maid.but there are many organizations, which is protect the maid for example woman aid organization which is particular for woman.

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  3. Feel bored of saying Hi, I'm who who who. can I just start of with lik xian: blah blah blah... can I ? Do forgive me as I'm a lazy person, but somehow I feel that bloging no need be so formal, am I right, guys? XD
    Lik Xian: Hmph I go through your part my dear fellow classmate Sivaneswary. Thank you for your information there as I gain extra knowledge on this. Just hope that they will be treated nicely and may god bless them!! Hey, Amirah, do u know nowadays the power of internet?We no longer find info from books, everything can search online. Thats why googling this word appears today. hehe ,kidding with you, please do forgive me. Sivaneswary!! internet, wikiepedia, google ,ROCKS!! lol.

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  4. AMIRAH ABDUL RAFFAR: Well, yea that's true Tan. But, at least did quotes and refers to some sources, so that blogger and readers can trust on what did you wrote here. Well, here I want to say that laws in Malaysia are indeed and still can't stop the acts of maid abuses. It is because people can do what they want if police and any responsible parties didn't take any action on this issue. TQ ;)

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  5. AHMAD SHARIF: amirah, would you please stop asking people to cite their writings? ya, it's true for the citation in academic writing, but this blog is more towards a discussion, ok?..
    alright, as Siva said, there is less law to protect the maids, think again and do look in both sides - employer and maid. If maids are abused, their employers will be arrested, while when the maids are stealing their employer's stuffs, will they been caught by our cop?
    also, there are many protections for indon maids here bcos of the contract between the maid agencies and the govt here. the contracts are really protectful to the maids and they got many benefits from that.. TQ

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  6. AMIRAH ABDUL RAFFAR: Yea,Im sorry for my fault. Well, I keep think of what Mrs.B said that we must give links and quote on our writings, that's why I said that things,but I am so sorry ya...

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  7. AMIRAH ABDUL RAFFAR: What Sharif has said is true where the contract of the maid agencies is really protectful to the maids and they got many benefits from that. But, I am keep wondering why people being so cruel to other people where we heard so many abuses and even murdered in our beutiful and cultural country. I think people nowadays getting more cruel and bad and we should think critically on how to overcome this issue from the beneath. ;) TQ

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  8. thank for your furher information Sharif.

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