THE memorandum of understanding (MoU) on the employment and protection of Indonesian domestic workers in Malaysia, inked between the two countries on April 1, may be considered a toothless tiger.
Migrant Care Malaysia representative Alex Ong said although the MoU sought a commitment from Malaysia to improve the lives of Indonesian domestic workers, the document, similar to the ones signed between the two countries in the past, is not legally binding.
"Whether a worker is paid RM1,200 or RM1,500, it is down to the contract submitted to the authorities, which overlooks the hidden impact of under-table charges by agencies," he told the New Straits Times.
The statutory minimum wage under the National Wage Consultative Council Act also does not apply to domestic workers.
As such, he said Human Resources Minister Datuk Seri M. Saravanan's assertion that the salary for maids would not be lower than the current minimum wage of RM1,200 is not legally binding.
These issues, compounded by the volume of undocumented domestic workers flooding the market, were also why some maids were paid less than RM900 a month, whereas others received more than RM1,200.
The Employment Act 1955 protects all workers in Peninsular Malaysia, whose wages do not exceed RM2,000.
However, subsection 5 of Section 2(1) under the Act's First Schedule stipulates that domestic workers are exempted from a list of crucial safeguards.
This covers sick leave, rest days, break time, post-termination, lay-off and retirement benefits.
"If a domestic worker goes to the Labour Department and tries to pursue a case against an employer, there is nothing much an officer can do as the Employment Act does not cover the rights of domestic workers on issues under this schedule."
Ong said the best recourse was to take the grievance to court.
However, most workers neither had the knowledge nor funds to hire a lawyer.
"But for many, even lodging complaints on mobile phones is an issue as their phones have been withheld by employers."
He said the government also needed to clarify whether the MAID Online system, which facilitated direct hiring of domestic workers, was still operating.
"Many workers were processed under this system because it was cheaper, but they were also at a disadvantage.
"We found that many employers who used this system have defaulted on renewing their workers' permits, causing them to overstay."
Ong said this "backdoor system" had been condemned by many parties, including the Indonesian authorities, because it perpetuated the inhuman conditions that domestic workers lived and worked in.
He said the government needed to clarify how the one-channel application system worked.
Ong also urged it to disclose why there were two private entities involved in the maid-hiring process.
They were 3S Malaysia Sdn Bhd, which managed the application for workers, and Bestinet Sdn Bhd that covered the health and security aspects.
In Indonesia, the whole process was parked under the jurisdiction of the National Board for the Placement and Protection of Indonesian Overseas Workers.
Irene Xavier, co-founder of Sahabat Wanita Selangor, said Malaysia was morally obliged to fulfil its end of the MoU.
"We are urging the government to come up with a Domestic Workers Act. But in the meantime, the MoU seeks to address issues such as employers defaulting on workers' wages, besides giving them some parity with Filipino workers (in terms of wages) to prevent discrimination."
On the other hand, she said employers also had to treat their workers better.
"If we can't pay or treat them with respect, they can always seek better employers. And Indonesia can make good on its vow to stop sending us domestic workers."
Irene also called on the government to take a stand on MAID Online. She said action must be taken against dubious agencies offering services online that claimed to be endorsed by the government or MAID Online.
"Currently, the entire recruitment system is so opaque and has no set rules or direction on the standard rate for hiring a maid or the range an agent can charge.
"All this has to be ironed out," she said while referring to reports that some employers had paid up to RM30,000 to agents.
Malaysia has been mired in a slew of abuse cases involving Indonesian domestic workers.
In 2004, Nirmala Bonat was beaten, scalded with hot water and burned with an iron by her employer. In 2018, Adelina Lisao was rescued from her employer's home in Penang after neighbours reported her sleeping next to a dog, outside the house. She was found with bruises on her face and died the next day.
The embassy had also reported that the workers faced long working hours and unpaid salaries, some with their wages being withheld for 10 to 15 years.
Malaysia is also under increasing international scrutiny after it was downgraded to Tier 3 in the recent United States government's Trafficking In Persons report. Several companies, including government-linked ones, had been put on the "withhold release order" list by the US Customs and Border Protection agency.
As long as they remain on this list, they cannot export their products to the US.