Organizing Migrant Domestic Workers
The challenges for a trade
union in Malaysia
Jeanine Kok BA. BSc.
Master Thesis
Master IDS
University of Utrecht
1
Organizing Migrant Domestic Workers
The challenges for a trade union in Malaysia
Cover photo by Jeanine Kok:
Filipino Domestic Workers gathering for the International Women’s Day Congress
of the Malaysian Trade Union Congress, Kuala Lumpur, Malaysia, 09-03-2013.
Student: Jeanine Kok BA. BSc.
Supervisors: Prof. Maggi Leung (UU),
Dr. Wilma Roos (FNV Mondiaal) and
Mrs. Parimala Moses (MTUC)
Email: kok.jeanine@gmail.com
Master IDS, Master Thesis
July 2013
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Organizing Migrant Domestic Workers
Jeanine Kok
Abstract
This thesis focuses on the contribution a trade union can make to organizing the informal sector
in Malaysia, focusing more specifically on the migrant domestic worker industry. Based on a
three month fieldwork, an analysis has been made of the self-organization by migrant domestic
workers as well as labour organizations and affiliated NGOs. Data shows that there are numerous
challenges and constraints ahead for establishing a trade union for this group of female migrant
domestic workers. Domestic work in Malaysia has been taken up by migrant women from
neighbouring countries who have stepped into the void in the households of Malaysian women,
who have increasingly joined the public workforce. However, domestic work is not included as
work in Malaysian labour laws and domestic workers are therefore described as servants rather
than workers. Together with their migrant status, these migrant domestic workers enjoy no social
security and protection. Negative perceptions on domestic work and its workers have rooted in
Malaysian society that have been shaped by colonial history, ethnic diversity, the media and the
Malaysian government’s favouritism of Malaysian citizens. These elements pose challenges that
a trade union is able to overcome with the help of innovative strategies. However, organizing
migrant domestic workers is constrained by the limited time, mobility and knowledge that the
workers have. The slow reform and the restrictions on the trade union movement by the
authoritarian state are obstructing the formation of a trade union for migrant domestic workers,
leaving current state of affairs of maltreatment and poor working conditions unrecognized and
unanswered. Despite these obstructions, a trade union can contribute. It requires innovative
strategies in creating awareness in Malaysian society, involvement of the workers in union
activities, trade unions close national and transnational partnerships with other unions, employers
and recruitment agencies in the industry.
Keywords: Migrant domestic workers, female migration, informal sector, trade unions, Malaysia.
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Organizing Migrant Domestic Workers
Jeanine Kok
Lagu Solidarity
When the union’s inspiration through the workers’ blood shall run,
There can be no power greater anywhere beneath the sun;
Yet what force on earth is weaker than the feeble strength of one,
But the union makes us strong.
Solidarity Forever,
Solidarity Forever,
Solidarity Forever,
For the union makes us strong.
Is there aught we hold in common with the greedy parasite?
Who would lash us into serfdom and would crush us with his might?
Is there anything left to us but to organize and fight?
For the union makes us strong.
Opening song of the International Women’s Day Congress
of the Malaysian Trade Union Congress, Kuala Lumpur, Malaysia, 09-03-2013
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Organizing Migrant Domestic Workers
Jeanine Kok
Preface
This research in the Master International Development Studies on female labour migration and
trade unionism in Malaysia was done in collaboration with the University of Utrecht and FNV
Mondiaal. In December 2013 FNV Mondiaal provided a research topic that became the
framework for this Master thesis. After successfully writing the research proposal, data was
collected in the course of three months, from February until May 2013. This thesis is the end
result, based on findings in the field. Through the partnership of the FNV Mondiaal with the
MTUC, the national labour centre in Malaysia, this research was provided with a good starting
point for the fieldwork. The MTUC greatly contributed to this Master research.
Additionally, the following organizations in Malaysia donated their time and expertise, which
enriched this thesis; Tenaganita, CARAMAsia, Camsa, WAO, Bar Council and several migrant
communities.
This Master thesis strives to map the difficulties a trade union has to overcome in attracting and
involving female migrant domestic workers in Malaysia. Malaysia is a large importer of migrant
labour and there is a large inflow of female migrants who are working as domestic workers.
However, as domestic work has turned into a profitable industry, especially for recruitment
agencies, workers’ rights and standard regulations remain absent. In this Master thesis the
challenges for improving the working conditions by a trade union are considered. The aim of this
Master thesis is to contribute to the discussion how trade unions can play a role in the informal
sector.
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Organizing Migrant Domestic Workers
Jeanine Kok
Acknowledgements
This research and thesis would not have been completed without the participation and continued
support of many different and inspiring people who are in my life or came into my life during
this Master research.
I would like to thank my supervisors Prof. Maggi Leung of the University of Utrecht and Dr.
Wilma Roos of FNV Mondiaal for their continued support and advice in the field. There were
times when the research moved in a slower pace than I would have wished. Their
encouragements and new ideas helped me considerably and moved my research forward.
I would like to express a deep appreciation for Ms. Parimala of the host organization, the
Malaysian Trade Union Congress (MTUC), who is doing a remarkable job in campaigning for
the rights of migrant domestic workers in Malaysia singlehandedly. Despite her enormous
workload, she made time to introduce me to indispensable informants. I am greatly indebted to
her for her insights, her knowledge and her network that I exerted greatly.
During this fieldwork, I was incredibly fortunate to meet with female migrants, working as
domestic workers, who were willing to share their experiences with me. I thank them for their
openness, friendliness and their precious free time invested in my research. On Sundays, we
spent their only free time together and they made me feel welcome and part of their migrant
family, away from home.
A thank you to all NGOs, affiliated migrant and political organizations that took time to explain
and discuss their work and opinions with me. As in many cases, things are never simply black
and white. They have given me an insight into almost all sides to the stories and issues involved
in the migrant domestic worker industry. I can only hope that these different sides have been
well represented in this thesis.
In addition, a special thanks to my family, friends and partner who were always interested in my
stories and experiences abroad. They continuously supported me by giving uplifting advice and
the motivation to persevere.
Terima kasih!
Jeanine Kok
July 2013
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Organizing Migrant Domestic Workers
Jeanine Kok
Table of Contents
Abstract ................................................................................................................................................. 3
Preface ................................................................................................................................................... 5
Acknowledgements ............................................................................................................................... 6
List of Tables......................................................................................................................................... 9
List of Maps .......................................................................................................................................... 9
List of Photos ........................................................................................................................................ 9
List of Abbreviations ............................................................................................................................ 9
1.
Introduction ............................................................................................................................... 10
1.1
Research Objectives and relevance ............................................................................................ 12
1.2
Host Organization ....................................................................................................................... 13
1.3
Research process ........................................................................................................................ 13
1.4
Report contents .......................................................................................................................... 14
2.
Literature review ...................................................................................................................... 15
2.1
Responses of Labour to globalization ......................................................................................... 15
2.2
Trade unions in a globalized world ............................................................................................. 16
2.3
Female Migration and domestic work ........................................................................................ 18
2.4
Discussion of organizing the unorganized .................................................................................. 20
3.
The Case of Malaysia: Trade Unions and Migrant Domestic Workers ............................... 22
3.1
Legacy of the past and the present for trade unions.................................................................. 23
3.2
Female migrant domestic workers in Malaysia .......................................................................... 24
4.
Methodology .............................................................................................................................. 27
4.1
Overview of Approach ................................................................................................................ 27
4.2
Research Population ................................................................................................................... 27
4.3
Data Collection ............................................................................................................................ 28
4.4
Data Analysis ............................................................................................................................... 32
4.5
Limitations of the research ......................................................................................................... 32
5.
The first challenge for a MDW Trade union: bridging the diversity ................................... 34
5.1
Migration channels ..................................................................................................................... 35
5.2
Ethnic and religious backgrounds ............................................................................................... 37
5.3
Working conditions ..................................................................................................................... 39
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Organizing Migrant Domestic Workers
Table of Contents
6.
The second challenge: change perceptions on domestic work .............................................. 43
6.1
Master-servant relation .............................................................................................................. 43
6.2
Migrant domestic workers commoditized .................................................................................. 45
6.3
Worker, servant or family member?........................................................................................... 47
6.4
Fear and mistrust ........................................................................................................................ 47
6.5
Role of the media ........................................................................................................................ 49
7.
The third challenge: self-organizing by MDWs ..................................................................... 51
7.1
Organizing as migrants instead of workers ................................................................................. 51
7.2
MDWs view of a trade union ...................................................................................................... 52
7.3
Lack of leadership ....................................................................................................................... 55
8.
Stakeholders at work ................................................................................................................ 56
8.1
Collaboration with NGOs and migrant organizations ................................................................. 56
8.2
Global to local network ............................................................................................................... 58
8.3
One day off Campaign................................................................................................................. 59
8.4
Government’s constraints for a trade union .............................................................................. 60
Conclusions ......................................................................................................................................... 64
Recommendations .............................................................................................................................. 68
References ........................................................................................................................................... 70
Appendix ............................................................................................................................................. 75
A.
Questionnaire ................................................................................................................................. 75
B.
Topic-list interviews ........................................................................................................................ 78
C.
The selection and Processing of Domestic Helpers by Official Recruitment Agency ..................... 79
D.
Requirements and guidelines for hiring a domestic worker in Malaysia by government (PRA) .... 80
E.
Guidelines on New Maids ............................................................................................................... 81
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Organizing Migrant Domestic Workers
List of Tables
List of Tables
Table 1: numbers of documented migrant domestic workers (MDWs) per nationality in
Malaysia
Table 2: Number of MDWs participating in qualitative and quantitative methods
Table 3: Number of different stakeholders interviewed
Table 4: Number of domestic workers entering Malaysia through various migration channels
Table 5: Correlation between working hours and salary of MDWs
Table 6: Correlation between age and salary of MDWs
Table 7: Working conditions for live-in MDWs and MDWs with their own place
Table 8: Responses given by MDWs on union membership
List of Maps
Map 1: Map of Malaysia
Map 2: Population density in sub urban areas around Kuala Lumpur, Malaysia
Map 3: Estimated number of domestic workers and % excluded from labour legislation
List of Photos
Photo 1: Day off on Sundays with Filipina Domestic Workers
Photo 2: Baking course at the community centre
Photo 3: Maid Advertisement in Malaysia
List of Abbreviations
APWLD
CCTV
ETUC
FDI
GDP
GUF
ILO
ITUC
MAMA
MDW
MHA
MNC
MOU
NEP
NGO
NILS
NTUC
MTUC
PAPA
WAO
Asian Pacific Forum on Women, Law and Development
Closed-circuit television
European Trade Union Confederation
Foreign Direct Investment
Growth Domestic Product
Global Union Federations
International Labour Organization
International Trade Union Confederation
Association of employers
Migrant Domestic Worker
Ministry of Home Affairs, Malaysia
Multinational Corporation
Memorandum Of Understanding
New Economic Policy
Non-Governmental Organization
New International Labour Studies
Singaporean National Trade Union Congress
Malaysian Trade Union Congress
Association of recruitment agencies
Women’s Aid Organization
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Organizing Migrant Domestic Workers
Jeanine Kok
1. Introduction
Brenda lives in a terrace house next to a married couple. Like many families, she has a domestic
worker who is from Indonesia, called Saya1. Her neighbours also have an Indonesian domestic
worker, Yanti. Both Saya and Yanti have struck up a friendship. Brenda has seen Yanti several times
in the evening washing her neighbours' car. Brenda tried to exchange a few words with her, but Yanti
seemed very quiet and anxious whenever she was spoken to. One afternoon, Brenda noticed that
Yanti had an ugly bruise on her arm when she was out drying the washing. Concerned, Brenda asked
what had happened to her. To her surprise, Yanti began to weep but she refused to say a word.
Eventually, she said that she fell down in the bathroom and hurt herself. Unconvinced, Brenda asked
her own domestic worker Saya if she knew anything. At first, Saya was reluctant to speak up, but
because Brenda and Saya had a good relationship, she began to reveal Yanti’s situation. According to
Saya, her employers have frequently abused Yanti. They hit her with all sorts of objects for the
smallest mistakes. As Saya is her only social contact, Yanti has been confiding in Saya about her
problems. However, Saya does not know how to help her. In addition, Yanti’s employers have not
been paying her any of her wages despite her having worked there in the past year. They claimed that
they would pay her only after her contract of employment has ended. As a result, Yanti felt forced to
accept her poor conditions for fear of them withholding her payment even then. Brenda felt that this
was a very cruel and unfair situation for Yanti to be in, but she was uncertain on how to act. She was
surprised that her neighbours were capable of such malice. They had been her neighbours for many
years and she did not really want to sour the relationship she had with them. However, Brenda was
convinced that she had to do something to stop such cruelty. But what could she do? (Story provided
by WAO).
In Malaysia, a story like that of Brenda are many. In this particular case, despite her poor
working and living situation, Yanti is ‘fortunate’ in having a friend like Saya and a concerned
neighbour. Many of the migrant domestic workers in Malaysia find themselves in the same
situation but are entirely isolated without any social contact outside the household. However,
even within this small circle of support, a lack of awareness and knowledge shows in the fact that
both Saya and Brenda have no idea what to do in these situations. In Malaysia there are a few
NGOs that campaign in creating public awareness on migrant workers’ rights and the human
treatment of these workers, in particular migrant domestic workers (hereafter MDWs), so that
Brenda may know in her situation how to act, contact and involve these organizations. To
improve the working conditions and quality of life for MDWs in Malaysia, a trade union
organized by MDWs can provide a social support, create visibility on MDWs issues in society,
can have the ability to voice their rights. Unfortunately, founding such a trade union is met with
many constraints posed by the nature of domestic work, the recruitment agencies involved and
the reluctance of the Malaysian government to impose legislation and tighter control. If indeed
these constraints are lifted, even then challenges remain for a MDW’s trade union. Challenges as
creating solidarity and unity among different ethnic MDWs groups, the negative perceptions in
Malaysian society on domestic work as well as trade unions, and a lack of self-organizing by
MDWs will have to be overcome.
1
The names in this story have been changed for privacy reasons.
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Organizing Migrant Domestic Workers
Introduction
Because of economic development, Malaysia has had labour shortages which have been filled by
flows of migrant workers from other Asian countries like Indonesia, Cambodia and the
Philippines (Chin 1997: 353). Malaysia is now the largest importer of labour in Asia, with
roughly 2.1 million documented migrant workers residing in the country. Combined with the
estimated numbers of undocumented migrant workers, these workers make up around 25 to 30%
of the total Malaysian workforce. “Malaysia needs migrant labour and will continue to depend
heavily on migrant labour for many years to come” (Bar Council 2008). Malaysia’s rapid
economic growth and neoliberal regime together with tight control of the state has resulted in
unequal practices. Migrant workers are undervalued, discriminated and excluded from many, if
not all, of the labour rights and social securities that Malaysian workers can enjoy.
In 2010, statistics showed that 45.2% of the migrants working in Malaysia were women
(CARAM Asia 2010a, 2011). Whereas men find themselves working on plantation and
construction sites, women are employed in the informal service and textile industries (Piper
2011: 6). At present, Malaysia counts roughly 300,000 documented and undocumented women
working as MDWs (Ofreneo 2013).
Although MDWs form a large group of workers in Malaysia, no institutional and social systems
are in place to provide protection for these women. First of all, domestic work has been excluded
from labour legislation. In the Malaysian Employment Act of 1955 under the Ministry of Human
Resources, domestic workers are not specified as workers but as servants. Domestic work is not
considered to be the same as work in the productive economy. Because they are not seen as
workers, they do not have workers’ rights. As trade unions consist of workers, the MDWs’
servant status gives them no right to form their own trade union or join existing ones (Elias 2010,
Gurowitz 2000, Gallin 2001, Ford 2004). Even more restricted are these women by their migrant
status, which excludes them from several laws and regulations by the government’s Immigration
Department. Both government institutions have contradictory policies that create a complex
spider web in which MDWs have to navigate to seek support. To make matters more
complicated, the work environment of MDWs is within the private spheres of Malaysian
households. The government has been unwilling to enforce more management and control in this
domestic worker industry on account of invading the privacy of the Malaysian home owners.
This isolation of the workers within the households is one of the many constraints trade unions
encounter, and simultaneously, it has also been a constraint for this research. The nature of the
domestic work within the households makes it extremely difficult to recruit MDWs for union
membership and participation.
This thesis looks at the opportunities for creating a trade union for MDWs in Malaysia. The
focus is on what a trade union will be able to contribute to their working conditions and quality
of life, despite its’ challenges. Research studies have debated on the role of trade unions in a
more globalized world. Many researchers have questioned whether trade unions can still be
relevant to the workforce and have suggested that in order to remain of importance trade unions
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Organizing Migrant Domestic Workers
Introduction
have to become more flexible and need to explore new sectors. This MDW industry is far from
the traditional sectors trade unions have been working in. Within this particular industry the
global phenomena of labour migration, flexible work and little regulations intersect. In order to
survive and remain useful to workers, trade unions need new strategies and need to look into
other types of sectors, for example the expanding informal sector in which the need for better
working conditions and the demand for workers’ rights is growing (Gallin 2001, Ford 2004).
This has led to the formulation of the following research question:
Is a trade union able to provide an important contribution to the organizing of migrant
domestic workers and the improvement of their working conditions in Malaysia?
SUB QUESTIONS:
1. What is the current situation for migrant domestic workers in Malaysia?
2. How do migrant domestic workers organize themselves in Malaysia?
3. What is the current position of migrant advocacy organizations in Malaysia?
What actions and strategies are conducted in the migrant domestic worker industry? And
what results can be seen from these actions?
4. What are the challenges and constraints for organizing migrant domestic workers in a
trade union in Malaysia?
1.1
Research Objectives and relevance
Trade unions have proven to be important institutional organizations in times of industrialization.
However, in times of globalization trade unions are considered by many to become irrelevant.
More informal sectors are on the rise while traditional sectors are diminishing; sectors in which
trade unions are and have been most active. Additionally, the informal sector generates a large
group of migrant workers whom trade unions have difficulty with incorporating as members of
their organization. However, MDWs in Malaysia work and live in poor conditions and encounter
maltreatment daily. There is a need for a trade union that can offer support and is able to voice
their rights on behalf of MDWs. The first objective of this research is to map the challenges and
constraints that a trade union faces in the informal industry. Therefore, the focus is on MDWs in
Malaysia. Over thirty years, domestic work in Malaysia has turned into a work environment for
female migrants. It has transformed into an industry without recognizing its workers. Secondly,
the research sets out to acquire a better understanding of how MDWs organize themselves, what
their knowledge of their rights are and how a trade union can support them in their needs and
better working conditions. This research strives to make recommendations and advise trade
unions in their possibilities and opportunities for making migrant domestic work decent.
The relevance of this research is twofold. It wishes to contribute to the scientific as well as the
social arena. First, as this research was done in collaboration with the Malaysian Trade Union
Congress (MTUC), this thesis will hopefully contribute to the discussion and provide knowledge
on how a trade union can play a role in the MDW sector. This understanding will then help
12
Organizing Migrant Domestic Workers
Introduction
migrant affiliated organizations, NGOs and trade unions in Malaysia to allocate their funding and
campaigns to the needs of MDWs. Secondly, this thesis aims to contribute to creating awareness
among civil society about the difficulties MDWs experience and to advocate for protection of
MDWs’ rights. Academically, the research strives to contribute to the study of trade unions and
the informal sector. Although there has been discussion in the literature on whether trade unions
can remain relevant for informal and migrant workers, not many studies have been dedicated to
venture into this specific informal industry of MDWs to map the difficulties and possibilities.
This research tries to provide new insights.
1.2
Host Organization
As already mentioned above, this research was done in collaboration with a host organization in
Malaysia; the MTUC. Additionally, supervising this research have been the University of
Utrecht and the FNV Mondiaal. The FNV Mondiaal is part of the FNV trade union
confederation, a Dutch umbrella organization that connects many unions and has a large
membership (1.4 million). Instead of focusing on unions within the national borders, the FNV
Mondiaal supports projects of unions and other related labour NGO’s in developing countries.
Together with these projects, the FNV Mondiaal strives against child labour and HIV/AIDS. The
organization also helps defending the position of women workers, workers in the informal sector
and labour and union rights. FNV Mondiaal participates in a large national and international
network of trade union federations like the International Trade Union Confederation (ITUC) and
the Global Union Federations (GUF) and with international organizations focusing on lobby like
the International Labour Organization (ILO). The MTUC is also part of this network and works
in close collaboration with and is supported by the FNV Mondiaal. The MTUC is considered as a
federation of Malaysian trade unions. In Malaysia, the Trade Union Act prohibits trade unions to
congregate and therefore, a federation of trade unions is not officially recognized. However,
under the umbrella of the MTUC unions in major industries and sectors are represented.
Together their membership is estimated to be 500,000. Their agenda consists of improving the
working conditions of workers in Malaysia, lobbying with the government, supporting and
advising trade unions and upholding the relations within an international and global environment
of unionism and labour movement. In this research, the MTUC has provided a good starting
point for acquiring information on trade union structures, activities and strategies. As this
organization is an important institute within Malaysian society, it has provided valuable insights
in Malaysian labour and has been very helpful in contacting several stakeholders in the MDW
industry.
1.3
Research process
Data has been collected during a three month period of fieldwork that started in February until
May 2013. In the field, semi-structured interviews have been done with different stakeholders as
migrant advocacy NGOs, embassies and government officials. Next to this, the first strategy of
this research has been to interview female migrants working as domestic workers. The research
has focused mainly on Filipina and Indonesian domestic workers, two of the largest groups of
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Organizing Migrant Domestic Workers
Introduction
MDWs in Malaysia. A second strategy was devised to acquire general information on working
conditions of the MDWs by means of a questionnaire. The questionnaire took up less of the
MDWs time and was distributed by ‘gatekeepers’ from faith based organizations. During the
fieldwork it became clear that faith based organizations were in more direct contact with the
migrant workers and were perceived by the workers as the most trustworthy. Additionally, expert
interviews were conducted with government officials from the Human Resource ministry.
Secondary data have been subjected to analysis, such as media reports, newspapers, private and
public work documents provided by the MTUC and NGOs. The data collection and analysis will
be further discussed in the methodology section of this thesis.
1.4
Report contents
This thesis continues in chapter two with a literary review on the effects of globalization on
labour and trade unions. Labour has become more flexible and outsourced which requires trade
unions to respond differently than they have done in the past. Furthermore, concepts of labour
migration, in particular female migration, and the informal economy are discussed. Chapter three
explores the existing literature on the case study of Malaysia. The past, present and possible
future of trade unions will be reviewed as well as the current situation of female migrants,
working as domestic workers. Chapter four includes the methodology of the research. This
section presents the research population, the research tools used and the limitations. Chapter five
to eight reveal the research findings. In these chapters the challenges and constraints for a MDW
trade union are the main thread. Throughout the chapters, answers to the remaining sub questions
on organizing by different stakeholders are given. Following the research findings, the
conclusion recaptures the main outcomes of this research and offers an answer to the main
research question if and how a trade union for MDWs can achieve a valuable contribution to the
workers in this industry. Recommendations are then made to the main stakeholders that are
involved in this industry.
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Organizing Migrant Domestic Workers
Jeanine Kok
2. Literature review
This chapter provides an overview of the effects of globalization on labour and trade unions. The
literature shows the responses of labour to a global economy and goes on to debate whether or
not trade unions are able to remain relevant within the national boundaries of countries while
labour is increasingly transnational. Academics like Behrens (2004) and Frege and Kelly (2004)
have been concerned with trade union revitalization. Additionally, this section conceptualizes
female migrants that are increasingly working across the national borders in the informal sector;
an arena that is unguarded by government legislation or trade union involvement. This arena and
its workers are said to be ‘unorganized’ (Ford 2004). An overview of this literature form the base
for the main research question and sub questions.
2.1
Responses of Labour to globalization
Globalization has led to changes in labour mobility. Economies, industrial relations and
workforces are becoming increasingly transnational. This has resulted in a debate in which the
developed and developing countries are responding differently. Whereas developed countries are
at the stage to work more willingly on international agreements for international labour
standards, the developing countries are more reluctant. Developing countries see these proposed
labour standards as an obstruction to their economic development and regard them as
‘protectionist devices’ (Bowles 2010: 13). Bowles defines three interpretations on globalization
and each of these paradigms has implications for labour. He classifies the three paradigms as the
neoclassical liberal paradigm, anti-neoliberal globalism and multi-centred statism. The
neoclassical liberal paradigm, developed by economists, supports the liberal and global
economic market, believing that it will benefit the majority of the people. However, problematic
is the disadvantages for minorities. There is a growing wage inequality in the core and
companies move or outsource their labour to cheaper markets. In the core, people experience job
loss. Policy issues on the national level include then job retention and protection of workers. As
an international response there is a call for protection against imported labour and the prevention
of low labour standards in the peripheries (Bowles 2010: 25).
The anti-neoliberal globalism perspective, or as Taylor (2009) would classify the New
International Labour Studies (NILS), obviously opposes a neoliberal global economy and argues
that this shift is problematic in the sense that it weakens the power of the state and labour.
Multinational corporations (MNCs) obtain more powerful positions within the global economy.
Workers become commodities and MNCs are able to profit from conflicting laws and regulations
that lead to deteriorating working conditions. Workers, especially migrant women, are affected
the most because their bargaining power is considerably weakened. As a reaction to these
developments, Bowles (2010: 25) identifies on a local and global level types of collective
unionism and resistance. On a national level states are inclined to adapt to the pressures of the
global economic forces. Thinkers within the anti-neoliberal globalism advocate for international
labour standards “as a way of reclaiming labour’s lost power.” In his article “Labour’s Turn to
15
Organizing Migrant Domestic Workers
Literature review
Globalize” Evans (2010) argues that neoliberal globalization has indeed impacted labour
negatively on every scale, but he also claims that this offers the labour movement new
opportunities to restructure into global organizations that can make use of global networks for
global activism. Others like Bello (2002) state that there should be a move away from
globalization to bring back state’s autonomy.
The third paradigm of multi-centred (developmental) statism views globalization as a process
that originated in and is geared towards the West. However, academics in this paradigm suggest
that the neoliberal phase has been replaced by a new phase in which non-western states are active
and are driving forces. These states support and collaborate with the Southern MNCs in the
global market rather than allowing a breach between businesses and states (Bowles 2010: 20).
By working with these organizations, developmental states gain more space and influence in
global politics. Unfortunately, for the labour movement this implicates that the state regulates
and determines the benefits of economic growth and is unwilling to allow labour organizations to
seek benefits for workers that will in their view be obstructions to economic development. This
will lead to local and global collective resistance and pleas for labour rights internationally
(Bowles 2010: 25). According to Bhopal and Todd (2000: 194, Bhophal 2001: 74), dependency
theory argues the opposite of the multi-centred developmental statism perspective. Instead of a
strong state influence, states become dependent on MNCs. They are the ‘victims’ of MNCs that
are seeking low labour costs and markets and result in the weakening and even destruction of
trade unionism (Rowley and Benson 2000: 6).
2.2
Trade unions in a globalized world
“Thoughtful trade unionists have come to recognize that playing safe is the most risky strategy. The present
is either the end of the beginning or the beginning of the end.” (Hyman in Munck 2010: 218)
The rank and file of trade unions is most important to have collective bargaining power and a
strong political advocacy within societies. However, as labour becomes more global and
transcends national boundaries, trade unions face more challenges like dealing with migrant
workers in informal sectors and outsourcing. Globalization and the transnational labour
migration threaten the existence of trade unions. In industrial countries in, for example Europe,
trade unions had played a vital role in times of industrialization, and are now seeing their
membership decline. In this context, academics as Frege and Kelly (2004) discuss the
possibilities of trade union revival. In developing countries in Africa and Asia, trade unions have
not been able to ever acquire large union membership. However, in these regions literature on
trade unions encourage a rise in trade union involvement (Komolafe and Emeribe 2009). The
neoliberal model of economic growth, foreign direct investment (FDI) and MNCs create
industrial relations that cross the national borders of countries. Governments attract these foreign
businesses with benefits, incentives and cheap transaction and labour costs (Aminuddin 2008: 2,
APWLD 2010: 12). It has resulted in an increasing mobility of people. In Asia, labour migrants
16
Organizing Migrant Domestic Workers
Literature review
move to developing countries like India, China and Malaysia that are successful in attracting
foreign business. Second, within these developing countries labour costs are kept low by limited
labour laws and regulations, and result in deteriorating working conditions (Ofreneo 2013: 1112). Trade unions have their work cut out in improving these working conditions. Because of the
flexibility, informality and brevity of migrant labour and the reluctance of state governments,
trade unions operating on a national level are weak and seemingly superfluous (Ramasamy
2012).
A century ago industrialization coexisted well with the nation-state and trade unions. The
working classes were integrated and well organized as a social and political force. However, now
the neoliberal global economy has direct effect on government rules and institutions. Trade
unions as institutions within national societies are affected by this as well. Collaborations and
agreements with the state and employers were once working mechanisms, but are now in dire
need of redefining and restructuring. Innovative strategies are needed for unions to deal with
increasing labour migration, flexibility, insecurity and temporary work (Munck 2010: 218-220).
Trade unions should look to the possibilities of involving communities and groups that have been
underrepresented like migrant workers (Munck idem, Hyland 2012, Bonner and Spooner 2011,
Piper 2011). Additionally, it should establish transnational networks with other trade unions and
make extensive use of this for promoting their ideology of a more social system (Gallin 2000,
Hyland 2012).
Early definitions describe trade unions generally as organizations that only aim for bargaining
power in order to raise workers’ wages (Booth 1995: 7). This view has transformed within the
course of the 20th century. Trade unions are now more broadly concerned, which is reflected in
the ILO’s definition, stating that a trade union is “an organization of employees usually
associated beyond the confines of one enterprise, established for protecting or improving through
collective action, the economic and social status of its members.” Trade unions have more
functions than merely seeking income improvement for workers. Hyman (1994) describes three
types of trade unions: political unionism, business unionism and social unionism. All three have
a different orientation. Political unionism is more geared towards a democratic ideology, whereas
business unionism is focussing on economic benefits and collective bargaining. Social unionism
prioritizes social interests and social unity. Even though trade unions have elements of all three
types, academics like Gallin (2000) argue that social unionism should be enhanced when labour
is becoming more diversified, informal and flexible.
Behrens et al. (in Frege and Kelly 2004: 20) recognizes trade unions as institutions with more
dimensions. They state four dimensions of trade unions; union membership, bargaining power, a
political dimension and an institutional dimension. The first dimension is union membership. It
consists of three factors; the membership numbers, the composition and the density. Trade
unions experience a dramatic fall in membership numbers due to a decline in industrial sectors
trade unions were traditionally well represented in. Additionally, private sector workers, younger
17
Organizing Migrant Domestic Workers
Literature review
populations and migrants prefer to remain non-members. Private sector workers have benefits in
their work that are negotiated directly between the worker and the management. Migrant workers
are reluctant because of their transitory state of work (ETUC 2005, 2012). This has a direct result
on the weaker position of unions in lobbying for better policies. Union density is considered to
be an indicator of the union’s strength. Therefore, these three factors need to increase to revive
unions. “As the composition of the workforce changes, unions may no longer be able to boost
their membership by targeting their traditional constituency, for example, male workers with
stable employment” (Behrens et al. 2004: 21). Nowadays female migrants, temporary workers
and other divers groups make up the lion share of the workforce. Trade unions need to adjust
their attitudes and recruitment strategies to diversify their composition and size. The second
dimension is bargaining power. It signifies the power workers have together to achieve better
wages, working conditions and social status. It plays an important role in closing the income
inequality gap which is a result of the capitalist economic model. According to Behrens (2004:
22), unions should redefine their roles in the bargaining relationship between workers and
employers. Even without a large support of members, unions should be able to influence
employers. Third, the political dimension suggests that unions can be effective in political
advocacy. This dimension involves the unions’ influence and engagement with different levels of
the government. Unions can be active in campaigning for adjustments in legislation, especially
for industries in which they already have large membership or can inspire people to join. They
can play an advisory role to the government, informing authorities of the current local labour
movements and where improvement of working conditions is necessary (Behrens 2004: 23).
Fourth, the institutional dimension looks at the unions’ internal organization. Unions and
especially, its leaders should be able to adjust and react to new challenges that arise within
society. For example, the vulnerable groups in the workforce as women and migrants have great
potential for organizing. Innovation and new ideas will lead to a new union identity and better
strategies to achieve larger objectives, according to Behrens (2004: 24). Agreeing with these
categorized dimensions, Frege and Kelly (2004: 31) do, however, say that these same dimensions
should be seen within national contexts. Contextual variables have an influence on whether and
how unions are successful in reviving the union movement. Rowley and Benson (2000: 4) agree
that the level of protection unions can provide, relies on factors as time, location, sector (public
versus private and formal versus informal) and membership (level of migrant labour, gender,
age).
2.3
Female Migration and domestic work
For economic development, industries rely on cheap, transitory, flexible labour that is
increasingly feminized (APWLD 2010: 12, Taylor 2009: 441). Gender processes are shaping the
workforce and transforming sectors. Women leave their private sphere and enter the public
sector of paid work. Since the post-WW II period, women have increasingly moved across
national borders and into transnational communities. This female migration makes up the
majority of international migration (63%). Initially, these women migrated to be united with their
spouses or family. However, women now migrate as individual workers to improve their own
18
Organizing Migrant Domestic Workers
Literature review
livelihood and that of their families who have stayed behind in the country of origin (Oishi 2002:
1-2). Although often not recognized as such by economists and state governments, these female
workers are driving forces for economic growth in their home countries as well as destination
countries. Through remittances and cheap labour costs, home and destination countries are able
to benefit from female migration (Chen 2001: 72).
As labour migrants, women are a heterogeneous group. They can be skilled or unskilled,
documented or undocumented, work in the formal or informal sectors, have different social and
cultural backgrounds and have different reasons for migrating. However, the majority of women
are mostly seen working in the nursing industry, in manufacturing, in entertainment or in
domestic work (Oishi 2002: 1-2). Large numbers of female migrants go abroad to work in the
informal sectors. Although the scope and composition varies, in developing countries the
informal sector is a primary source for migrant women’s employment. Women in the informal
sector can be characterized as ‘self-employed or subcontract workers’ (Chen 2001:74).
Many female migrants are working in the domestic worker industry, because there is a growing
demand and market for household services. Due to national economic development, household
compositions are changing. Women acquire more skills, join the national workforce and have
better job opportunities. This leaves a gap in the care for the household and its’ members, but as
the household income increases, people are able to employ a paid domestic worker (ETUC 2012:
12). No standard definitions apply for a domestic worker. However, according to RamirezMachado and José Maria (2003), most national legislations state that;
“The workplace is a private home, where the domestic worker performs household services that are carried
out on behalf of the direct employer, the householder. The domestic worker is directly under the authority of
the householder and the employer shall not economically gain from the activity done by the domestic worker.
The work is performed in return for remuneration, either in cash and/or in kind.”
This definition leaves many issues and controversies in this domestic worker industry open for
interpretation and discussion. First of all, domestic work is mostly located within the informal
sector. As the work environment for the domestic helpers is within private homes, there are
notions of privacy involved. It makes this work in particular difficult to subject to inspection,
regulation and control by authorities and labour organizations (Oishi 2002: 2). It allows domestic
work to be unorganized, low paid and extremely undervalued. It leaves domestic workers
extremely vulnerable (APWLD 2010: 12). These new female workforces have little experience
with labour rights and regulations which is made to the advantage of the employers.
Additionally, when coming into the workforce, they have little experience of collective
organizing and bargaining (Taylor 2009: 444). Collective organizing and bargaining is made
difficult in the domestic worker industry as the work is done individually. Housemaids, as they
are called, are often isolated in their work and have little time to come in contact, socialize and
organize with other workers (Elias 2010). Instead of the MNCs and national businesses
mentioned by Bhophal and Todd (2000) where indirect relations with the employer exists, a
19
Organizing Migrant Domestic Workers
Literature review
domestic worker has a direct relation with the employer and works in close proximity in a private
sphere. There is no established business or enterprise, no business relation and no formal
contract. Informal workers lack the protection formal workers do have. There are no work
benefits, no arrangements for leave, pension or health insurance (Chen 2001: 75).
Secondly, domestic work is not recognized as work and is not included in government
legislations and labour rights, especially in developing countries. Many countries exclude
standard agreements on the level of minimum wage and the amount of working hours for
domestic work. Within the domestic worker industry, stories of immoral working conditions,
exploitation and verbal, physical and sexual assaults are often disclosed by media reports, labour
and migrant organizations (ILO 2010: 25-36). Problems for domestic workers range from non- or
underpayment of wages, long working hours, limited or no time off, no personal space within the
household to serious harassments such as emotional abuse, physical violence and rape (Varia and
Becker 2012).
Thirdly, female MDWs are not only experiencing the problems that coincide with domestic
work, but additionally the issues concerning migration security and their migrant status. Whether
they are documented or undocumented, their stay in the destination country depends more on
their jobs and on their employers. Job loss means in most cases having no accommodation as this
is the employers’ household. Job loss can also lead to being pushed out of the country and
transported back to the home country by the authorities or female migrants themselves will have
no other choice but to return. This makes female MDWs reluctant to file complaints of
maltreatment by the employer in fear of losing their jobs. When losing their job due to
maltreatment, it also leaves them little time to seek redress in the destination country. Therefore,
many complaints go unnoticed and the current state of affairs continues (Gurowitz 2000: 869).
2.4
Discussion of organizing the unorganized
“Informal workers need the organizational experience of the trade unions while unions also need the vast
number of informal workers to build more power to leverage more concessions on larger macroeconomic
issues.” (quote in Bonner and Spooner 2011: 102)
This chapter has reviewed current debates in the literature on the responses of labour to an
increasing global economy. Labour has diversified. There has been an increase of informal work
and labour migration, especially female migration. These female migrants are working in
destination countries in informal sectors. At the same time, there is a discussing on trade unions
and their relevance in society. The trade union’s power has been weakened by this increasing
informal and outsourced nature of work, as union membership declines. Gallin (2001: 532)
argues that trade unions should become involved in organizing workers in the informal sectors as
both these workers and trade unions are able to benefit from each other. Gallin goes on to argue
that the informal sector is not a temporary phenomenon and is indeed expanding. “Consequently,
the stabilization of the formal sector organizations and building trade union strength
20
Organizing Migrant Domestic Workers
Literature review
internationally depend on the organization of the informal sector” (Gallin 2001: 532). The
organization of informal workers will therefore benefit many other workers as well. However, it
is not entirely a win-win situation as there are challenges in organizing informal workers. These
challenges are partly the reason for trade unions’ reluctance to be involved in this sector together
with negative attitudes (like the stereotype of the ‘stealing’ of jobs) towards migrant labour. The
immigrant, and in many cases undocumented, status of informal workers create difficulty for
trade unions to incorporate them into the union structure (Ford 2004, Piper 2011:7).
Additionally, the increase of female migrant workers in the informal sector is a challenge trade
unions have had little dealings with in the past. Traditional trade unionism meets its boundaries
here. Wickramasekara (2002 in Piper 2011: 7) observes in her study in Asia that trade unions
already have difficulty focusing on migrant workers in the formal sector, not to mention the
MDWs in the informal sector. These debates on the involvement of trade unions in the informal
sector have stimulated the formulation of the main research question of this thesis;
Is a trade union able to provide an important contribution to the organizing of migrant domestic
workers and the improvement of their working conditions in Malaysia?
The sub questions are organized to examine the current situation in Malaysia for MDWs as well
as the level of organizing by MDWs themselves and other stakeholders. The term ‘unorganized’
for informal (female) workers in this discussion is refuted by Chen (2001), Ford (2004) and Piper
(2011). This term would indicate that these workers have no capacities for organizing. Instead,
they argue that migrant advocacy and organizing is indeed done by these female migrant workers
and non-union organizations like NGOs. The second and third sub question of this thesis will
explore the level of organizing by MDWs and affiliated NGOs in Malaysia. The fourth sub
question elaborates on the challenges and constraints a trade union will encounter in organizing
MDWs in the informal sector in Malaysia.
21
Organizing Migrant Domestic Workers
Jeanine Kok
3. The Case of Malaysia: Trade Unions and Migrant Domestic Workers
Under globalization, Asia has developed vibrant economies, with increasing foreign investments
and strong GDP rates. Countries like China, India, South Korea and Malaysia have become
frontrunners in technological innovations and marketing. Hong Kong and Singapore have turned
into financial global centres competing with the western global financial cores. This stimulant in
economies has coincided with an upsurge in employment opportunities and instigated a
transnational labour migration of migrant workers from neighbouring countries coming to seek
better livelihoods. However, migrant workers mostly find work in the informal economy, making
it the fastest expanding economy (Ofreneo 2013: 11-12).
In this thesis Malaysia is examined as a case study (Map 1). Reviewing Bowles’ distinctions of
the three paradigms of globalization in section 2.1, Malaysia can be classified within the multicentred developmentalist statism. According to Wad (2012: 495), Malaysia has an authoritarian
developmentalist market economy that is in transition; moving from commodity production to
advanced industry. The state is strongly involved with enterprises and economic development.
The government holds tight control over social labour movements. Their goals are economic
growth and development, which includes the improvement of quality of life for Malaysian
citizens. Bhopal (2001: 74) describes that MNC dependent states have at least three labour
strategies. The one Malaysia can be categorized in, is the state’s pursuit of policy control in a
fragmented labour movement. Political parties and labour organizations are divided. The state
has restrictive legislation in place to weaken the power of the workers, especially migrant
workers, and trade unions. However, the state’s lack of support does not necessarily mean that
trade unions and workers are passive actors in challenging the state’s regime according to Bhopal
(idem).
Map 1: Map of Malaysia
22
Organizing Migrant Domestic Workers
The Case of Malaysia: Trade Unions and Migrant Domestic Workers
3.1
Legacy of the past and the present for trade unions
Malaysia’s union density consists of 9% of the total working population. This is low in
comparison to other countries like Singapore (18%), Japan (21%), UK (29%) and Denmark
(80%). “The wide disparity in numbers is largely due to historical differences and attitudes of the
ruling governments toward the trade union movement, even though worldwide the number of
workers joining trade unions is decreasing significantly”(Aminuddin 2008: 8). After the First
Emergency in 1950 the political environment slightly opened up and the union movement
revived to some extent. Union density increased to 18.5%. Unions at the time were mostly based
in commodity export (Wad 2012: 497). Unfortunately, this revival was of short duration, because
after British colonial administration ended in 1957, the trade union movement was kept under
tight control by the new right winged government. Trade unions were excluded as it did not
concur with the government’s policies of attracting FDI by low labour costs. The government
feared trade unions to associate with the communist ideology and any challenge from unions was
quickly repressed. During the Second Emergency in 1963, the MTUC and the Singaporean
National Trade Union Congress (NTUC) had aspirations to form one joined federation.
However, this plan fell through with the separation of Singapore from Malaysia in 1965.
Malaysian unions lost important allies as Singapore was a strong trade centre and could enforce
more union influence. Labour movements on the Malaysian peninsular and the provinces Sabah
and Sarawak remained weak, because of Sabah and Sarawak’s isolated geographical position and
rural sectors. In the third Emergence of 1969 to 1971 labour control of the state only increased
further (Todd and Jomo 1988: 102).
From 1971 the state initiated a New Economic Policy (NEP) in which industries started to
rapidly industrialize. Proceeded by a period of manufacturing and import substitution strategies,
industrial export started to take over. With exceptions of the Asian crises in the mid 1980’s and
late 1990’s, the Malaysian economy grew rapidly with a 6.6% average of GDP. However, with
the shifting market economy, union density declined. Traditional sectors and trade unions within
were considerably reduced and replaced by the increased private sector and new industrial
sectors. Union membership did rise in absolute numbers but with low union density union’s
strength is weakened nonetheless (Wad 2012: 497).
The shift in the Malaysian market economy also changed the composition of the Malaysian
workforce. The workforce expanded and new working classes came to the stage. Malaysians had
mostly worked in rural agricultural areas and were now moving to industrial sectors and into
urban societies. As a legacy of the colonial past, Malaysian society and classes also deal with
nationalistic movements and ethnicities. The Malaysian population consists of Bumiputera, who
are indigenous and Malay (60%), Indian and Chinese Malaysians (together 30%) and other
minorities (10%) (Bhopal 2001: 76). According to Bhopal, ethnicity is the core principle for
working class divisions and the way political parties and discourse are organized. He argues that
unions are more organized according to ethnic identities, overarching several different sectors.
This imposes barriers on organizing unions within sectors based on a collective worker identity.
23
Organizing Migrant Domestic Workers
The Case of Malaysia: Trade Unions and Migrant Domestic Workers
The composition will instead be made up of several ethnicities. Collective bargaining is then
made difficult by the ethnic tensions that may occur. The Malaysian government has also
promoted the notion of national interest and the importance of the Malay workforce through
policies and legislation, whereas opposing political parties support other ethnicities. This
political environment results in difficult manoeuvres by trade unions to stay neutral and not
move along ethnic lines, even though political relations are vital to unions (Bhopal 2001: 77-78).
Wad (2012: 498), however, disagrees with the fact that ethnicity is a core issue for unions
organizing. He argues that the successful organization and strong position of unions in several
Malaysian sectors, mostly the public sector with 30.9% union density, demonstrate the contrary.
Low union membership and density has several underlying causes. An important factor is the
strong opposition of employers, mostly among MNCs, towards collective activities of workers
and unions. Secondly, Malaysia’s labour has transformed more into transitory, flexible and
informal work which is increasingly done by labour migrants. These migrant workers are to be
found in the private and informal sector, such as domestic work, and are difficult for unions to
organize. Thirdly, it is made more difficult for unions to reach these worker groups because
government policies are strict and obstruct migrants from union membership. Government
policies prohibit unions in many sectors to pursue collective bargaining or any type of resistance.
Additionally, unions are prohibited to form coalitions that include several industries and on a
national level unions are limited in organizing the export industries, as these industries are
fundamental to economic growth. Finally, unions are dense in some sectors, but are small in
membership. This fragmentation undermines the power workers and unions have together.
Relations between Malaysian unions acquire more coordination. Additionally, relations on an
international and global level are sought by Malaysian unions and can be helpful in increasing
voice and influence (Wad 2012: 498, MTUC 2013).
3.2
Female migrant domestic workers in Malaysia
Since the 1950’s, Malaysia has experienced economic growth. This economic development led
to an expansion of middle classes and offered more and better employment opportunities for
Malaysian women. The upward economic movement in Malaysia also instigated a flow of
migrant workers from neighbouring Asian countries (Chin 1997: 353). In the current situation
Malaysia is the largest importer of labour in Asia. Playing host to 1.9 million registered migrant
workers, these migrants make up for roughly 20% of the Malaysian workforce, without
calculating the estimated two million unregistered migrant workers. In 2011, 184.092 of these
migrant workers were officially registered as MDWs (see Table 1). Taking undocumented
MDWs into account, this number is significantly higher (Malaysian Labour Department 2012).
These MDWs are overall women from neighbouring countries like Cambodia, the Philippines
and largely Indonesia (76.7%). These foreign housemaids, as they are also called, have taken up
domestic tasks in their employers’ households and filled the gaps where local women have left
them to find work outside the home (APWLD 2010: 45-46, Ariffin 2001: 2-3).
24
Organizing Migrant Domestic Workers
The Case of Malaysia: Trade Unions and Migrant Domestic Workers
Country of
Origin
Number of Documented MDWs
2005
2009
2010
2011-2012
Indonesia
306,598
230,141
203,225
134,733
Cambodia
3,124
8,713
9,166
29,152
Philippines
8,912
10,004
9,657
16,932
Sri Lanka
838
769
753
1,110
Vietnam
7
858
901
996
India
54
224
236
504
Thailand
448
372
346
347
Other
63
274
260
318
Total:
320,044
251,355
224,544
184,092
Table 1: numbers of documented migrant domestic workers (MDWs) per nationality in Malaysia
Even though numbers have declined, ethnic diversity among domestic workers is increasing.
Despite a temporary ban in 2009 imposed by the Indonesian government on MDWs after several
high profile cases of maltreatment, Indonesia has resumed to be the largest sender of MDWs,
followed by Cambodia and the Philippines. During the ban in Indonesia, Malaysia looked to
other neighbouring countries for domestic workers. In the last three years the numbers for
Cambodian domestic workers entering the country has risen significantly, regardless of the
Cambodian temporary ban that was enforced also following several cases of severe abuse and
deaths of Cambodian domestic workers in Malaysia. Recently, countries like India, Sri Lanka
and Vietnam have also seen their numbers rise slightly (CARAM Asia 2010b, see Table 1).
Malaysia is heavily depending on labour migrants for maintaining economic development. The
Malaysian Employment Act of 1955 allegedly includes these migrant workers. This Act defines
free time and working hours, workers’ rights and benefits like leave. Unfortunately, this Act does
not include female migrants working in the domestic services (Ariffin 2001: 5). The problems
for female MDWs are twofold. First, domestic work is excluded from labour legislation. Ariffin
(idem) notes that “the nature of domestic work and employment terms are dictated by the
employers, and migrant workers are subjected to long hours of work, not given any leave and
have no rights or channels through which to negotiate their terms of employment.” Domestic
work and care is still largely perceived as the traditional women’s role and responsibility;
inherent to women’s lives. Women were never paid to do their domestic tasks and care for the
family. This work had always been excluded from any type of economy because it is in the
private sphere of households (Elias 2010: 49). But with women participating more in the
25
Organizing Migrant Domestic Workers
The Case of Malaysia: Trade Unions and Migrant Domestic Workers
productive economy, household work has moved from traditional work to an industry where
female migrants have taken over these responsibilities with payment in return. However, the
perceptions of domestic work have not changed and are still undervalued and without protection.
It is the legacy of ‘systematic marginalization of women’s work’ which the Malaysian
government fails to address (APWLD 2001: 16).
Secondly, the problem for female migrants is their migrant status. In Malaysia, migrant workers
face more legal limitations and exclusion. They are defined as non-Malaysians, which leave
them more vulnerable. In case of undocumented migration, female migrants run the risk of
imprisonment and deportation to their home country. In case of documented migration, female
migrants still face problems with recruitment agencies and employers taking possession of their
legal and travel documentation. Either way, the fear of job loss, and subsequently the loss of
their in-house accommodation, makes the MDWs dependent on employers. Maltreatment is
often not reported and legal proceedings are prolonged with often disappointing outcomes. In
most cases, female migrants have neither the means nor the opportunity to remain in the country
during these legal proceedings (Gurowitz 2000: 869).
Elias (2010: 56) and Gurowitz (2000: 864) claim that the authoritarian rule of the Malaysian
state, together with a deeply traditional gendered outlook on female labour and ethnic divisions,
obstruct female migrant workers to collectively assert their rights. This has changed when the
Malaysian government ratified the Right to Organize Convention. However, the government
failed to ratify the Freedom of Association Convention and the UN Migrant Worker Convention,
which would mean that migrant workers have this same right to organize. Regrettably, the Trade
Unions Act of 1959 still holds vast in obstructing migrant workers to form any kind of
association or organization such as trade unions. The Act states that a trade union requires
Malaysian leadership and although, migrant workers are allowed to join existing trade unions,
reality shows that this right is neglected. Work permits are given by the Ministry of Home
Affairs (MHA). Conveniently, this ministry upholds a restriction on migrant workers to join
trade unions which is ensured by the employers and recruitment agencies who include the
restriction (or interpretations of it) in the migrant workers contracts. This goes against the
Employment Act, stating that “no provision of a service contract may restrict the employee’s
right to join and participate in the activities of a union or associate with others for the purpose of
organizing a trade union” (APWLD 2010: 47-48). The government has yet to investigate this
violation. Despite these limitations, Malaysian labour organizations as the MTUC and migrant
advocacy NGOs are vigorously pursuing rights for MDWs. Currently, these organizations are
occupied with the right to one paid day off, and much ground still needs to be covered. Chapter
eight will go into further detail what strategies and campaigns have been implemented and what
results can be seen from these actions.
26
Organizing Migrant Domestic Workers
Jeanine Kok
4. Methodology
4.1
Overview of Approach
A background in Cultural Anthropology and experiences in the field with qualitative methods
has shaped my skills and perspectives in doing research. Although in the economic field many
mathematic tools and statistic models (see Booth 1995, Oswald 1985) exist to examine trade
union membership, union density and collective bargaining power this research requires more
qualitative methods and tools. In my opinion, this research on the role of trade unions in the
domestic worker industry relies on the perceptions and opinions of various actors involved.
There are several reasons for using qualitative methods. Even though in interviews and other
qualitative measures the partiality of the researcher cannot be completely overlooked, a
predetermined set of variables by the researcher allows little space for deviating answers and
other factors not included by the researcher that may contribute for a large part to the problem.
Open interviews and questions give actors the opportunity to voice their opinions and
perceptions of their world by using their own way of phrasing. As Desai and Potter (2006: 117118) state in their book Doing Development Research, “the qualitative measurements give a
holistic understanding of complex processes and unravel the different meanings and different
perceptions.” This research has made use of qualitative methods like participant observations and
interviews. To minimalize weaknesses of these research techniques, a quantitative tool such as a
questionnaire was implemented to create a more reliable and integrative research. In addition,
secondary data coming from media reports and private and public work documents from the
MTUC and NGOs were subjected to analysis. The here mentioned methods for data collection
will be further explained in paragraph 4.3.
4.2
Research Population
The research population consists of MDWs. Domestic work is still perceived as women’s work
and therefore many female migrants work as domestic workers. These female migrants come
from other Asian countries; largely from Indonesia, Cambodia, the Philippines and to a smaller
extent from Vietnam, India and Thailand. Because these workers have different cultural
backgrounds, they may have different perceptions on domestic work, trade unions and how to
organize. Therefore, this research initially strived to incorporate many workers from different
backgrounds. However, in the field this revealed to be problematic (See . This considerable
limitation will be further explained in paragraph 4.5 of this chapter. The research focussed
instead on two major domestic worker groups; the Filipina and Indonesian female migrants.
Much time was spent with the Filipina domestic workers on their day off on Sundays. Less time
was spent with the Indonesian domestic workers due to their limited free time. Several
qualitative and quantitative tools were used to acquire data on MDWs working conditions,
opinions and experiences (See table 2).
27
Organizing Migrant Domestic Workers
Methodology
MDWs
Filipina
Indonesian
Questionnaire
30
32
Interviews
12
5
Focus group 1.
5
1
Focus group 2.
4
0
Table 2: Number of MDWs participating in qualitative and quantitative methods
MDWs, with ages ranging from 17 to 62, participated in the research. Age in this case is an
important variable. MDWs of different ages can have different levels of knowledge on workers’
rights and trade unions. It is because of this fact that the research population has a wide range in
age. Additionally, no restrictions were placed on the time the female migrants have worked in
Malaysia as domestic workers for the same reason that it might bring differences to light. Not
only MDWs were asked to participate in this research, but also employers, migrant advocacy
NGOs, embassies and union leaders contributed to shaping an understanding of the migrant
domestic worker industry and the position of trade unions in Malaysia. Finally, government
officials of the labour department were part of the research population (see table 3).
Semi structured
interviews
Employers
Migrant advocacy
NGOs
Union
leaders
Embassies
Government
officials
12
5
4
2
1
Table 3: Number of different stakeholders interviewed
4.3
Data Collection
This research has collected data from these above mentioned stakeholders within the field of the
Malaysian MDW sector. Domestic workers reside mostly in urban areas where demand for
domestic work is highest. Middle class families within cities have higher wages and have the
financial capacity to outsource domestic tasks. The research has been mostly done in Kuala
Lumpur and the surrounding urban areas of Petaling Jaya, Damansara and Subang Jaya. The
MTUC (the host organization of this research) and other migrant advocacy NGOs are mostly
located in and around Kuala Lumpur. Many MDWs coming from Indonesia enter Malaysia
through Klang. The MDWs then travel on to their employers’ households, which are mostly
located around the areas that have been subjected to this research (See map 2).
28
Organizing Migrant Domestic Workers
Methodology
Map 2: Population density in sub urban areas around Kuala Lumpur, Malaysia
As mentioned earlier, the research used qualitative and quantitative measures, which are further
explained here.
Secondary data
Secondary literature was collected at the start of the fieldwork. This documentation consisted of
articles that had appeared in the news, work and research papers and articles published by the
migrant advocacy NGOs and the MTUC.
The questionnaire
A questionnaire was made for this research and distributed among 30 Filipina and 32 Indonesian
domestic workers (See appendix A). The questionnaire consists of 35 open and closed questions
on four topics: general information, working conditions, rights and organizing to improve work
conditions and attitude towards a trade union. Next to informal conversations and open
interviews with these MDWs, the questionnaire was used to obtain as much data from as many
MDWs within a limited amount of time. However, in the distribution of the questionnaire the
locations are of great influence on the answers given. The Filipina domestic workers filled out
the questionnaire in their leisure time at the migrant communities. They are documented workers
and were generally satisfied in their working conditions. A large majority of the Indonesian
domestic workers (22 out of the 32) who filled out the questionnaire, were residing in the shelter
of the Indonesian embassy at the time of fieldwork. These female migrants were undocumented
domestic workers and had problems with their employers; ranging from legal disputes to severe
maltreatment and abuse. The remaining ten Indonesian domestic workers, participating in the
questionnaire, were either in contact with the MTUC or were working in the same apartment
building where I lived. These different locations and circumstances influenced the responses of
the questionnaire greatly. In analysing the data, I therefore had to be aware of the fact that this
selection of informants created a variety of different perceptions and ideas.
29
Organizing Migrant Domestic Workers
Methodology
Interviews
“Interviews provide an opportunity for researchers to learn about social life through the
perspective, experience and language of those living it. Participants are given the opportunity to
share their story, pass on their knowledge and provide their own perspective on a range of
topics” (Boeije 2010: 62). In my research, the first strategy was to use interviews extensively,
because it allowed my respondents to voice their ideas, experiences and perspectives. Generally,
MDWs had very little free time and felt restrained to agree to an interview. Eventually,
seventeen MDWs (twelve Filipina and five Indonesian) agreed to an interview. The research
relies also on the informal and unstructured open conversations with MDWs during the
participant observations. MDWs were informed of my research at the start of my conversations
with them and were afterwards asked again if the information given may be used for the
research. Notes were jotted down straight afterwards. The problems I anticipated with the
MDWs before the start of my research, which were largely the limited time and opportunity to
speak with them, were unfortunately valid assumptions. As these women work long hours and
have very limited time off from work, the time for interviewing them was extremely limited. The
MDWs who had no day off a week or spent their day off within the house were beyond the reach
of this research. This is also the main limitation for including MDWs of various nationalities,
because MDWs have no day off except for Filipina domestic workers and a small group of
Indonesian domestic workers. Due to time limits, I therefore made the decision to work with
questionnaires that gave me the most valuable information within a limited time frame and
would ask less of the MDWs free time.
Additionally, semi structured interviews were set up with employers, migrant advocacy NGOs,
union leaders, and government officials. The MTUC contributed greatly in organizing these
interviews. Six employers were asked to participate in this research by the MTUC. The other six
were contacted through my own social network. These employers were either Bumiputera (2),
Indian (4) and Chinese Malaysians (2) or Expatriates (4). Topics as the work relationship, work
conditions, work related issues and the involvement of recruitment agencies were discussed (See
Appendix B). Furthermore, semi structured interviews were conducted with migrant advocacy
NGOs as Tenaganita, Caram Asia, Malaysian Bar Council, Camsa and WAO. Union leaders
within or affiliated with the MTUC also participated. Formal interviews were conducted with the
Indonesian Embassy. Unfortunately, the Philippine embassy declined to be part of this research.
In the last stage of the fieldwork, an interview was conducted with two government officials of
the Malaysian labour department. The interviews contributed to information about the MDWs
work situation, their rights, ways of organizing and campaign strategies of these organizations
but also on their location within the Malaysian society and the informal sector.
30
Organizing Migrant Domestic Workers
Methodology
Participant Observation
As DeWalt & DeWalt (2002: 1)
explain, “participant observation
is a method in which a researcher
takes part in the daily activities,
rituals, interactions, and events of
a group of people as one of the
means of learning the explicit and
tacit aspects of their life routines
and their culture.” Explicit aspects
are the things people communicate
and are actively aware of, but tacit
aspects are underlying meanings
that escape the consciousness of Photo 1: Day off on Sundays with Filipina Domestic Workers
people. Participant observation in the domestic sphere, the work environment of the research
population was impossible. There are strong objections from the employers as well as the MDWs
who fear it results in job loss. Therefore, participant observation could only be used when the
workers were spending their free time and these observations only needed the consent of the
worker and not the employer. To avoid uncomfortable situations and to acquire more objective
and sincere data, the participant observations were done in meetings and activities at the
migrants community centres on eight Sundays during the fieldwork period. Also, in public areas
around the apartment building of my residence, such as children’s playgrounds and the
swimming pool, participant observation was done on six weekdays. In this participant
observation, the interaction between employers and domestic workers was observed and informal
conversations were made on the care of the children, the work conditions of the MDW and the
relationship between the employer and domestic worker.
Focus groups
Focus groups are much used as tools in development context. This method is useful to
understand group dynamics and different opinions on issues (Desai and Potter 2006: 154). For
this reason, two focus groups were organized near the end of the fieldwork period. In these focus
groups discussions took place on the issues that came forward in the informal conversations and
interviews that were held in the proceeding weeks. In assembling the focus group, I wished to
select MDWs from different ages, ethnicity and preferably with some opposing perspectives. As
described earlier, the respondents in my research had limited time. It was difficult to organize
these focus groups. The first group consisted of five Filipina domestic workers and one
Indonesian domestic worker, around the same age (28 to 35) but did have different work
situations and different perceptions. The focus groups allowed the respondents to share their
experiences more openly. The second focus group consisted of four Filipina domestic workers
31
Organizing Migrant Domestic Workers
Methodology
who had not been part of the first focus group. These domestic workers were 25, 27, 45 and 51 of
age.
4.4
Data Analysis
The results of the questionnaires have been analysed with Microsoft Excel. The participant
observations in the community centre were noted down and afterwards transcribed and analysed.
The analysis of the secondary literature was done by means of a literary review. Hypotheses
coming from these collected data were tested in the follow up interviews and focus groups.
Although the levels of English varied, interviews with union leaders, migrant advocacy
organizations and government officials were conducted by the researcher without the need for a
translator. Because many of the MDWs did not understand or speak English, the questionnaire
was translated into Malaysian. Unfortunately, versions of the questionnaire in the language of
origin were not made, due to the absence of a proficient translator. The interviews were recorded
and afterwards transcribed and analysed with Nvivo. To be sure, jot notes were also made during
the interviews. Focus groups were not recorded, due to the strong objections by some of the
MDWs. Instead, notes were made during these conversations and discussions.
Next to these tools for descriptive notes and analysis, I maintained a log, stating the events,
activities, informants who were present and topics that were discussed. Additionally,
methodological notes were made that consisted of reflections on the methods and techniques
used, the negative and positive outcomes of the methods, and reflections on my role and choices
made as a researcher. The coding tree started with open coding and developed quickly into a
more structured and selective coding as the fieldwork progressed.
Although informed consent has to be given by the MDWs for their participation, many declined
because their employers did not consent which already shows that control of the employer is
stretching further than the decisions regarding household work. These employers control whom
the domestic worker can talk to or even form a friendship with. In some cases, I was allowed to
speak with the domestic worker inside the home after the employer had given consent. However,
with the employers in close proximity, the domestic workers felt compelled to answer ‘politically
correct’.
4.5
Limitations of the research
There have been several limitations to this research. A great obstruction already mentioned
above is the limited time the MDWs have. This gave little opportunity and time to arrange
interviews with the MDWs without the supervision of the employers. To acquire as much of
information about the workers in the one day they have off, questionnaires were asked to fill out.
Second, there are cultural factors and language issues. As these female migrants come from
different countries and cultural backgrounds, there were different customs and great varieties in
their knowledge of English. With Filipina domestic workers there was no difficulty in conversing
in English. However, Indonesian domestic workers have little or no knowledge of English, which
made it difficult to converse. With the help of my supervisor of the MTUC, some interviews
32
Organizing Migrant Domestic Workers
Methodology
were translated into English and the questionnaire was translated into Malaysian, a language that
is closer to the Indonesian language.
Although much time was spent on trying to contact and establish rapport with MDWs of
different ethnic backgrounds, due to a short fieldwork period, the research succeeded in
gathering data from only two domestic worker groups, namely the Filipina and Indonesian
domestic workers. Data that involved domestic workers of other nationalities originated from the
NGOs, Embassies and employers who more frequently came in contact with these workers.
Again, time limitations and the high level of isolation and invisibility of these domestic workers
made research extremely challenging. However, these limitations have been a clear finding of
the research in itself.
There is a great sensitivity about topics as working conditions and organizing, in speaking with
employers and MDWs. Workers shy away for fear of losing their jobs. My presence as a
researcher together with my foreign appearance, made the MDWs cautious because it resembles
that of an employer. Assuring the participants of anonymity and my neutral stance in this
research took up a large part of the time. Furthermore, the travel to and from interviews has been
a time-consuming process due to traffic congestions. Finally, due to the budget and a fieldwork
period of three months, it left no time for drawing comparisons to other migrant domestic worker
industries in for example Singapore and Hong Kong. This research is content with the focus of
Malaysia only, though this comparison will be an opportunity for further research.
33
Organizing Migrant Domestic Workers
Jeanine Kok
5. The first challenge for a MDW Trade union: bridging the diversity
Trade unions have traditionally focused on workers with relatively similar backgrounds.
Although female MDWs are all migrants and have the same occupation, these can be considered
as the only common grounds, for MDWs are an extremely divers group. MDWs can come from
varying countries which accounts for different ethnic and religious customs. Additionally, they
have been accustomed to either living in urban or rural areas before coming to Malaysia. They
have had different working experiences at home, in the informal or formal sector, which often
relates to the level of education that has been acquired. As already mentioned in the methodology
of this research, findings are largely based on participant observations, interviews and
questionnaires with Indonesian and Filipina domestic workers. Despite the aim of incorporating
MDWs with different ethnic backgrounds, this research can only strive to bring differences
between the Indonesian and Filipina domestic workers to light (see Leone 2012, Poudyal 2011,
Lyons 2005, Chin 2003). This chapter serves to do exactly this. Allowances must be made for
diversity, but general patterns and contributing factors can be seen that can also apply to other
ethnic MDW communities, even though they did not partake in the research.
During my fieldwork, I met with many MDWs. Each of them lived and worked in different
circumstances. Some were introvert and would rather not talk about their work or lives while
others were eager to talk about their life experiences and even showed me pictures of their life at
home which they are of course still very much involved in. What all these MDWs generally have
in common, is that they are female migrants and domestic workers in Malaysia. Maggie is one of
these inspirational migrant domestic workers, who is above all very capable of voicing the issues
she and her friends are dealing with on a daily basis. As I arrive at the community centre for my
interview with her, I am greeted by women who are sitting outside on the porch. They are talking
and laughing with each other. One of the women has a guitar in her hands and is practicing some
tunes. The other women are busy with choosing the right colour to polish their toenails. These
women have a day off to relax, to keep up friendships and to have a life that is separated from
their work as domestics. Maggie is the Filipina domestic worker I came to interview that Sunday.
She came to Malaysia because her employer chose her from a database a recruitment agency
provided. The majority of the foreign domestic workers living and working in Malaysia come
here through applying or being recruited by agencies. In the case of Maggie, she applied to a
registered agency because she was unable to find a job in her hometown in the Philippines. This
recruitment agency presented her with a visa, ticket and work permits and she has been working
with one employer in Malaysia for the last sixteen years. Even though she works ten hours a day,
she has her own space in the house and can negotiate with her employer on time off if she needs
it and has a day off every Sunday. “There is a respect between me and my employer,” she says.
“I work hard for them and they see that and treat me well.” On her off days, she is very active in
the Filipina migrant community centre, organizing fun and educative classes and trainings for her
fellow workers and friends.
34
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
Unfortunately, many of the MDWs are less fortunate in their employer and in their work. They
are unable to enjoy the benefits Maggie has been able to acquire. Domestic work is located in the
private domain of the employer; the home. The work is done individually, in isolation and out of
reach of the public sphere and public regulation. During fieldwork, informants described that
MDWs are ‘hidden’. The domestic service industry is prone to have no standards on labour
contracts, minimum wages, stipulated working hours, social security or government monitoring.
This allows for a great variety in working conditions. Every household runs differently, has
different needs and has a different constituency. Adding to this diversity is the heterogeneity of
ethnic, cultural, educational and religious backgrounds of the MDWs themselves.
5.1
Migration channels
MDWs enter Malaysia through different migration channels. In this migration process the
recruitment agencies play an important part. These agencies make domestic work an attractive
occupation for women in their countries of origin, advertising a great income, a modern and
elegant lifestyle and even independence. These agencies also provide the travel and legal
documentation for the MDWs. After the enrolment and prior to traveling MDWs receive training
in using electronic household appliances and proper care for children and even the elderly. In
most cases, the MDWs already have to move away from family in order to participate in the
training programs, as these are often camp based. On the other side of the migration channel
employers can either choose from a database, with extensive information on the MDWs,
provided by the recruitment agencies or the agencies choose a suitable MDW according to the
employer’s wishes. Once a suitable match is found, the employer is required to pay the
recruitment fee that is in the region of RM 9000.2 Although middle income Malaysian
households are able to pay this fee, it is considered a large sum of money. Upon arrival, there is a
trial period of three months for the employer and the household as well as the MDW to become
accustomed with the work situation and with each other. Initially, the MDW comes to Malaysia
with a two year work permit. After this period it is the employer’s responsibility to extend the
work permit in case both parties remain satisfied with the work relationship. If the work permit is
not extended, the MDW is not allowed to remain in Malaysia. She will have to either return to
the home country or when a new employer is interested a transfer can be arranged in which the
new employer will apply for a new work permit for the MDW. In this procedure, it becomes
clear that the migration process is inextricably linked with that of labour. Female migrants in this
case are reliant on recruitment agencies and employers. In this process there is an uneven
distribution of power that lies mostly with the employer and renders MDWs vulnerable. In every
step of the migration channel risks are involved for MDWs.
The here described labour migration channel is the formal way of entering Malaysia, as it is
documented and is done by officially registered recruitment agencies known to home and/or host
governments. This, however, does not withhold even these recruitment agencies from certain
2
The currency at the time of writing: Euro 1 = 4.23 Malaysian Ringgit (RM).
35
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
malpractices. The Malaysian government has not imposed standardized regulations and has no
enforcement in place to control recruitment processes in this industry. Fraud with travel
documents like passports, salary deductions and exorbitant fees are common. Another labour
migration channel is through unregistered recruitment agencies, which unfortunately still supply
a large inflow of undocumented MDWs. The female workers entering Malaysia through this
illegal migration channel are beyond the scope of the Malaysian government as well as trade
unions and migrant organizations. These MDWs are placed directly in the household without any
notification or communication other than the agency or the employer.
The report Maid to Order by the Human Rights Watch (HRW 2005 :10) notes the correlation
between the two migration channels and the working conditions, where MDWs who are coming
through the illegal channel run higher risks of low to non-payment, abuse, no free time and
human trafficking. The questionnaire in this research was done among Filipina and Indonesian
DWs who came through several migration channels (See Table 4).
Migration
Filipina DWs
Indonesian DWs
Registered
agency
16
5
Unregistered
agency
4
22
Family/ Friends
8
5
Tourist Visa
4
0
Total
30
32
Table 4: Number of domestic workers entering Malaysia through various migration channels
From the data, a large majority of the Indonesian informants (22 out of 32) who had entered
Malaysia by means of an unregistered recruitment agency had experienced maltreatment whereas
this had happened significantly less among the Filipina informants. Although there are other
contributing factors, the shorter distance of the Indonesian migration channel has made it easier
for large groups of Indonesian domestic workers to cross the Malaysian borders illegally. It
accounts partly for the overflowing of shelters of NGOs and the Indonesian embassy by MDWs.
When examining the migration channels the Filipina domestic workers use, there are some other
additional strategies that can be found. First of all, because the Philippines has been a labour
exporting country for many years, the country had to set up migration channels that are more
regulated with standardized norms. In comparison, Indonesia has not yet been able to meet this
increasing outflow of migrants with the same level of regulations. Filipina domestic workers
underwent more hours of training than Indonesian domestic workers. Although both groups are
provided with standard contracts, recruitment agencies use varying contracts afterwards.
36
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
However, the working conditions for the Filipina domestic workers resemble more closely what
a standard contract provides. Secondly, several Filipina informants entered Malaysia on their
own account on a tourist visa (see table 4). During their visit to Malaysia, the Filipina migrants
found work as domestic workers in several households. These jobs were found through extensive
use of the migrant communities and their social network of family and friends who already work
as domestic workers. Although jobs are found through family and friends by Indonesian
domestic workers as well, they rarely come to Malaysia on their own initiative. This trend can be
explained by the fact that coming on a tourist visa needs some initial financial investment by the
MDW herself. The Filipina domestic workers had to pay their own tickets, their own living space
and the fees for their working permits. The Indonesian informants in this research had no
financial means prior to working as domestic workers. In fact, acquiring financial means was the
main reason for becoming a domestic worker. Additionally, it may be assumed that tourist visas
are more easily granted by Malaysian authorities to Filipina female migrants who generally have
a higher education than Indonesian female migrants.
5.2
Ethnic and religious backgrounds
Filipina and Indonesian domestic workers have a variety of ethnic and religious backgrounds that
have an effect on their role and conditions in life as women, migrants and domestic workers. In
the Philippines families have over the years grown more accustomed to the women and mothers
of the household migrating for work. These female migrants have become the main income
providers and have learned to take in hand more authority and responsibility as a result. This
empowerment can be seen in the way they are able to negotiate with the employer about their
salary and leisure time. The majority of the Filipina informants in this research also knew very
well how to exercise their freedom and how they dealt with their remittances and financial
situation. On the contrary, the Indonesian domestic workers did not possess the same level of
empowerment. Even though, they remit considerable amount of their salary, this has not yet
sufficiently changed the power relations in the Indonesian households. However, it must be
acknowledged that this export of female migrant labour in Indonesia has existed for a shorter
period of time than that of the Philippines. In their job as domestic workers, the Indonesian
informants also had little experience in negotiating with the employer and had little knowledge
on how to exercise their free time. Additionally, in some cases Indonesian informants mentioned
that they were pleased that their employers arranged and organized the financial and legal affairs
of the worker;
“Does your employer hold your passport?”
“Yes, I gave my employer my passport. He keeps it more safe. I don’t want to lose it because then I’m in
trouble and I don’t need it when working.”
“What about your salary?”
“He puts money on a bank and when I want something I ask him and he gives me some money. He also helps
me with giving money to my family.”
37
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
In discussing the ethnic characteristics of the Filipina and the Indonesian domestic worker
groups, there is a clear distinction in two forms of migration; skilled and unskilled migration.
The questionnaire showed that Filipina domestic workers have educational levels, ranging from
secondary school to college and even university degrees whether Indonesian domestic workers
had largely finished primary school and occasionally secondary school. Contributing to the skills
of the Filipina domestic workers are the numbers of training hours invested before traveling to
Malaysia. In the Philippines domestic workers receive on average 400 hours of training. In
Indonesia this number of hours is 200. Due to the higher level of education and the longstanding
imperial relations with the U.S. Filipina domestic workers additionally have more knowledge
and practice of the English language. On the other hand, Indonesia and Malaysia are
neighbouring countries and share ethnic and religious common grounds. For example, the
Indonesian and Malaysian Bahasa3 are closely linked. Furthermore, in both countries the
majority of the population is Muslim, whereas the Filipino citizens are overall Catholic due to its
colonial history of Spanish conquerors.
These ethnic characteristics also play a part in the distribution of domestic workers to different
employers. Employers generally prefer domestic workers who have the same religion and with
whom they can speak a common language. Some employers also disclosed in the interviews that
the amount of salary payment contributed greatly to their choice of domestic worker. Employers,
who could more easily afford a domestic worker, were more inclined to pay more for a skilled
domestic worker. Among the employers in this research were expatriates who opted more often
for a Filipina domestic worker. Their reasons given for their choice were that it was easy to
converse with them in English; the domestic worker has a similar religious background and is
capable to run the household efficiently. As one employer describes, “She is very good with our
kids. That is the most important to us… And she is responsible, drives the kids to school and so
on. She knows what to do in the house. We don’t have to look after anything ‘cause she’s got
everything under control.” Malaysian employers tend to choose an Indonesian domestic worker,
based on similar reasons of familiar language, religion and other cultural traditions (like food).
However, the middle- and higher income Malaysian households are more likely to acquire a
MDW through the official migration channel instead of the unofficial channels, because they can
afford to pay the recruitment fees. In contrast, the lower income Malaysian household resort
more often to the cheaper alternative of domestic workers through unofficial agencies or through
family networks. Through the unofficial channels cheap labour is offered because costs for legal
and travel documentation were minimalized as were the training hours and quality of training
programs. As a result, the domestic worker has very little skills, opposed to what is well
advertised by the unregistered recruitment agencies. However, Malaysian households have high
expectations of domestic workers that the workers are hardly ever able to fulfil. This is one of the
reasons why the maltreatment of the domestic worker happens more often in these unofficial
channels.
3
Language
38
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
Furthermore, in Malaysian society these ethnic characteristics have shaped certain stereotypes of
these Filipina and Indonesian female migrant workers. Overall, Malaysian employers ascribe the
positive characteristic of autonomy to the Filipina domestic workers, although this can also result
in a certain audacity. The Indonesian domestic workers, on the other hand, are known to be
obedient, but then ‘have to be told what to do.’ Naturally, these stereotypes shape the way
Malaysians choose a domestic worker of a certain ethnicity but it also influences how their
relationship is with the domestic worker and how they are perceived.
5.3
Working conditions
3500
70
3000
60
2500
50
Age of MDWs
Monthly salary
The data from the questionnaire and interviews show little correlation between the years of work
experience, skills, working hours, the monthly salary and age (see Table 5 and 6). There are no
standards that have been implemented. Employers can draw up any type of employment contract
they are satisfied with. In a formal public sector, guidelines and regulations are given what an
employee should earn according to their acquired skills, age, experience etc. However, in this
industry these guidelines and regulations do not apply.
2000
1500
1000
500
40
30
20
10
0
0
0
5
10
15
Working hours per day
20
Table 5: Correlation between working hours and salary of MDWs
0
1000
2000
3000
Monthly salary
4000
Table 6: Correlation between salary and age
of MDWs
It depends on the employers’ willingness to set up these standards. Part of the employers
interviewed, made known that when their domestic workers learned for example how to cook or
obtain her drivers’ licence her salary would increase or she would receive some benefit, either in
cash or in kind; an extra day off for example. Employers in this way show that their domestic
worker is considered a worker and that their work relationship requires certain standards drawn
up in a contract. It also signifies that the work relationship is open to negotiations with the
employer on terms of agreement. However, in the interviews MDWs revealed that they have
been working for the same employer for more than five years but salary had never increased,
indicating that many employers were not open to discussions about salary and benefits.
39
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
Because of their higher levels of education, Filipina domestic workers have had previous jobs in
the formal and public sectors, like sales and administrative jobs, which resulted in more
knowledge of work conditions, rights and responsibilities. Previous work done by Indonesian
domestic workers entailed largely working in the informal sector; working as farmers, working
in the household (their own or as domestic worker) and in informal textile industries. At any rate,
these are not environments in which they would have had regulated work conditions or gained
knowledge on workers’ rights, let alone come into contact with trade unions. Noticeable is that
MDWs whose previous jobs involved domestic work, have acquired more knowledge through
this experience and are now a second time around more aware of the pitfalls. They are stronger
in their negotiations. It can be said that their past work experiences do determine their ability to
negotiate in future jobs. As Indonesian domestic workers have had few to no work experiences in
the past, they are less capable of voicing their wishes in their work relationships.
In the questionnaire, it became clear that a majority of the Filipina respondents received medical
treatment, sick days and no fee deductions from their salary, although only a few of the
Indonesian respondents had the same benefits. However, it has to be kept in mind that the
questionnaire was largely done under Filipina domestic workers coming through the official
migration channel and under Indonesian domestic workers coming mainly through the unofficial
channel. In the latter unofficial channel, none of the MDWs were given any sick days, when
feeling ill nor did they receive medical treatment paid for by the employer. In regard to the
recruitment fee that was initially paid by the employer, the questionnaire displayed that these
fees were deducted from the MDW’s salary in the first months when working in the unofficial
channel, as opposed to the registered MDWs. In the last group of unregistered MDWs (26 in
total) all of the MDWs paid their recruitment fee through salary deductions.
A correlation can be seen between the fee deduction, medical treatment and days off with the
MDWs who have their own place. These working conditions differ from those who live-in with
the employer. MDWs who live on their own, enjoy more freedom and their working hours are
more clearly defined as their living and working spaces are separated. The MDWs who have
their own place have less working hours than the live-in MDWs (See Table 7).
For example Iza, a Filipina domestic worker, has been living in Malaysia for almost 20 years. She has her
own apartment and works from Monday to Friday from 10 to 5. She says, “It’s the same as going to the
office.” Although the children she took care of have left for college, she still works for the same couple. “I
never had any problems, like all the stories you hear from the other girls. The bosses have always treated me
well.”
In Iza’s case, she has always had her own place. She came to Malaysia of her own accord,
without the involvement of a recruitment agency. This meant that no recruitment fees were
deducted from her first salaries. However, Iza had to make some investments in paying her
documentation, travel and accommodation costs in advance. Although Iza works every day for
the same employer, this is not very common among the MDWs who have their own place. Out of
40
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
the eight MDWs, six of the workers had two to five different employers. Working for different
employers also means that salary is received at different times and in different amounts. This
requires more planning and responsibility of the MDWs. Though, these MDWs are very aware of
what their monthly income is and are able to successfully organize their finances. Due to their
higher cost of living in comparison to a live-in MDW, they need and are demanding a higher
salary. Fortunately, there are also some employers who feel uncomfortable with employing a
live-in MDW, due to the continuous invasion of privacy. They prefer a MDW who has her own
place and as a consequence the employers are more willing to pay a higher rate for the MDW.
When examining the payment for medical treatment, the sick days and off days, MDWs with
their own place in comparison to the live-in MDWs are more responsible for their medical
treatment and the payment of it. Yet, in return they have more freedom to decide whether they
take a sick day or a day off.
Live- in with employer
Own place
Total MDWs
54
8
Fee deduction from
salary
40
No fee payment, but the payment of
ticket and tourist visa and their own
accommodation.
Working hours
average per day
14h 48min
7h 15 min
No. of Employers
1
2-5
Relation with
Employer (ranging
from1= not good to 5
= very good)
2
4
Medical treatment
paid for by employer
22
2
Allowed to take a sick 20
days
6
Table 7: Working conditions for live-in MDWs and MDWs with their own place
Based on these findings from the questionnaire and the interviews done with the MDWs and the
employers, it can be said that a broad range of work circumstances and agreements can be found
in this MDW industry. Therefore, standardizations are needed from not only the Malaysian side
of the migration channels but also at the end of the home countries to bring about structure and
cohesiveness. This needs to be done by governments but NGOs and trade unions can contribute
to these developments. For a trade union to harmonise and organize this divers group is a
41
Organizing Migrant Domestic Workers
The first challenge for a MDW Trade union: bridging the diversity
tremendous challenge. Not only does a trade union have to overcome the different working
conditions, but in this case also the ethnic diversity which, as it shows, influences to a certain
extent the working conditions MDWs find themselves in. Trade unions have not been challenged
like this in the past, because the workers were more uniform and had the same nationality. As
domestic work involves female migrants, a trade union for these workers will have to operate
transnationally instead of remaining within the national boundaries. This trade union for MDWs
will have to work closely together with trade unions on the other end of the migration channels
in the home countries to organize MDWs. It is essential that trade unions are in contact with the
MDWs throughout every step in the migration process. This involves education about proper
working conditions, negotiations and trade unions to MDWs prior to traveling, but also upon
arrival. During work a trade union is aware of the location and can act as a mediator. In this way
MDWs are more aware of the standards they should have and have the support of a trade union.
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Jeanine Kok
6. The second challenge: change perceptions on domestic work
This chapter will go into the different perceptions on domestic work given by different
stakeholders involved in the domestic worker industry. During fieldwork, MDWs, employers,
labour and/or migrant NGOs gave their view on what domestic work entails and how they see
domestic workers.
6.1
Master-servant relation
“In Malaysia, domestic workers are not protected by any legislation. In most cases even standard contracts do
not exist and where it exists it is often ignored. Our main focus would be to include and recognize domestic
workers in the Employment Act of 1955 so that they enjoy all benefits as workers and will be protected under
this Act.” (Parimala, Program Officer MTUC)
In the Employment Act of 1955 domestic workers are classified as servants, not workers. The
word “servant” inhabits many contextual aspects of Malaysian society. The domestic worker is a
servant, showing in this assertion that domestic work is still undervalued and unrecognized. It
also creates and allows a master-servant relationship. Explicit in this relationship is the
imbalance in power and control in which the master is known to be superior of the servant. The
master has a greater control over the servant then when this was to be an employer-worker
relationship (CaramAsia 2011: 26). British colonial rule shaped Malaysian society according to
class and ethnicity in perceptions but also in the construction of the laws. These perceptions still
run through Malaysian society. In interviews with the NGOs, the master servant relationship is
considered to be a British colonial legacy. When Malaysia became independent, these laws
remained intact. The Malaysian government upheld the authoritarian rule and the divisions in
masters and servants. Although much has changed since the making of the Employment Act, the
government has yet to make the necessary alterations. Malaysia is developing and diversifying
its industries. Labour laws formed in times of a commodity industry no longer apply to the
current situation with the increasing inflow of migrants. In the amount of control the employer
has over the mobility and freedom of the MDW, these master servant relations are enacted and
maintained. Employers of MDWs are now considered to be the growing middle classes in
Malaysia, due to strong economic growth. Salaries have risen and therefore they are more able to
employ MDWs. However, the MDWs are coming from countries whose economic growth is
lagging behind that of Malaysia. These MDWs are less educated and considered to be a lower
working class. There are still traces of ethnic hierarchy, which are visible in this MDW industry.
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“If you let us into your homes, why not let us into your laws”4
Map 3:Estimated number of domestic workers and % excluded from labour legislation
The main obstruction for improving the work conditions of MDWs in Malaysia is their exclusion
from the labour laws (Map 3). Migrant advocacy organizations are lobbying for granting MDWs
a worker status. Without any legal status or support, they have little to no rights in Malaysia. As
they are not considered to be workers, trade unions have difficulty integrating them into a union
structure.
As servants MDWs’ mobility and freedom is very limited. MDWs are excluded from the ability
to terminate their contracts, despite reasons of misconduct. In case of maltreatment some
domestic workers have made this known to the recruitment agency or made a report to the
police. However, common practice by the recruitment agency is to give punishment to the
domestic worker and to send her back to the employer. The police acts in a similar way. The
power to terminate their employment rests entirely with the employer and not with the domestic
worker. The employer can without any reason terminate the domestic worker’s employment and
coincidentally the work permit. Without a valid work permit the domestic worker is illegal in the
country and has no valid permission to remain in the country according to the immigration laws.
Additionally, it is the employer’s responsibility to renew the work visa. However, many
employers are not made aware of their responsibilities by the recruitment agencies in renewal of
documents when hiring a domestic worker and there are cases in which the employer made no
4
Quote campaign slogan by Tenaganita, 07-03-2012.
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deliberate effort, as a means to control the worker to not dare to run away as she is then made
illegal and can be arrested and fined before leaving the country. Domestic workers are therefore
reluctant to leave the employers. The work permit does not allow the domestic worker to change
work places or employers freely. The transfer of work places can only be done when both the
former and the new employer have consented to the transfer. Free choice and movement is
considerably constricted for MDW’s because of these laws and practices.
Furthermore, domestic workers have no rights to maternity protection. In many contracts devised
by employers or recruitment agencies the right to have a relationship, to marry or to become
pregnant is denied. These are violations of internationally recognized human rights. Instead of
the Malaysian government imposing tighter control on these human rights violations, it actually
has a health testing policy in place that can lead to immediate deportation when found that the
worker is pregnant or HIV positive.
The MDWs’ mobility is even further limited because they do not have the official rights to any
rest days, holidays, termination of contract and retirement benefits. Even though many domestic
workers in this research do have rest days and have the ability and opportunity to visit their
family in their home country, this is considered a luxury allowed by the employer. However,
many employers do not provide this necessity in the employment contract. The MDWs work
seven days a week and do not have holidays. Some employers in the interviews did mention that
they take their MDWs with them on holiday as compensation. However, the MDW still takes
care of the children during this time. This shows that the notions of what is considered work for
the MDWs are not clearly defined and agreed upon by both parties.
6.2
Migrant domestic workers commoditized
“Different stakeholders have different views... The employers pay 9000RM and see them as commodities.
The government and especially the recruitment agencies see them as a profit. The NGOs try to get people
to see that they are workers and voiceless in their rights as workers.” (Glorene, Program Officer
Tenaganita)
Influences of global market forces can be seen in this MDW industry. MDWs are entered into
the database of recruitment agencies, waiting to be chosen by the prospective employer. As
mentioned in the quote above, the employers pay a fee of 9000RM, although this may vary by
recruitment agency. The fee and the wages of the MDWs are supposedly based on market forces,
the amount of training the MDWs received before and on arrival and the migration and travel
expenses. Based on interviews with the MDWs, Filipina DWs receive more wages than the
Indonesian DWs. In interviews with embassies, these differences in wages are explained by the
amount of training the women have had and their prior level of education. Filipina DMs have a
higher level of education and have more skills in using household appliances, cooking and taking
care of children. On average, Indonesian DWs receive less than 900RM whereas Filipinas earn
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more than 1200RM monthly. However, there are no national regulations on minimum wage and
therefore recruitment agencies and employers have freedom in deciding on the wages.
Photo 3: Maid Advertisement
This advertisement was found by Anis Hidayat, the executive
director of Migrant Care (NGO). It resulted in public outcry in
Indonesia. Several NGOs urged the Indonesian government to file a
complaint with the Malaysian government. In case of no action by
the Malaysian government, the NGO urged the Indonesian
government to make a ban permanent. Even though the recruitment
agency was fined, the general perceptions of maids as commodities
did not change. Source: thejakartaglobe.com,
October 29, 2012.
These workers are portrayed as commodities that are controlled by market forces. Newspaper
articles show that domestic workers from for example Indonesia no longer prefer to come to
Malaysia because of other countries that offer higher wages. “If another country offers better for
maids and agencies, why should they come here?” (Star 24-12-12). This would be a reason for
increasing the wages in Malaysia in order to avoid shortages. It is said that shortages in domestic
workers will have a direct effect on the Malaysian women, giving up their careers. To bridge the
shortages the government will then have to invest in parental leave and better childcare facilities,
which are at the moment not sufficient in quantity and quality. This scarcity in MDWs would
have allowed MDWs a better bargaining position in claiming better working conditions. The
opposite is true. Due to restricting regulations by the government, employers and profit seeking
recruitment agencies, working conditions have not improved. In reality, governments of home
countries have shown to be the most capable in exercising bargaining power. In 2009 several
severe cases of maltreatment and even deaths of Indonesian DWs led to a ban imposed by the
Indonesian government on their workers prohibiting to work in Malaysia. To reverse the ban,
Malaysia agreed and worked together with Indonesia on a Memorandum of Understanding
(MoU) in which agreements were made for better working conditions. This was seen as a great
step forward by NGOs, who had so far not been able to persuade the government. Unfortunately,
the MoU still lacks clear descriptions and enforcement. In dealing with this ban, instead of
attracting MDWs with better working conditions, Malaysia protected their employers rather than
the MDWs. The government and employers were not willing to see wages and conditions rise for
MDWs and therefore explored into other neighbouring countries, like Cambodia to find cheap
labour. In the last five years the flow of Cambodian DWs has increased considerably.
Unfortunately, the topic of improving the situation for MDWs as a whole remained unaddressed.
In the interviews with employers the general perception of MDWs comes to light. Employers
often dehumanize their domestic worker by not addressing her by her name but refer to her as
“my maid.” Occasionally, employers did use a less demeaning phrase like “the help.” However,
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the MDWs were never described as ‘worker.’ Additionally, in the interviews employers
mentioned that they paid for their maids. This shows that they view their workers as items they
have control over. When talking to the employers, many stereotypes were addressed of the
MDWs not being educated and needed to be told how to work with household applications or the
fact that they would run away as soon as they were granted some freedom. In a newspaper
survey done by Women’s Aid Organization (WAO), the following stereotypes were portrayed in
employers quotes as “Maids take advantage of employers by running away at the first
opportunity,” “Her culture will influence and corrupt the family,” and “Maids steal husbands.” In
the discussion on the one day off campaign by NGOs in Malaysia, one employer replied that
“most of the Indonesian maids do not have a day off. But where should they go? They have no
place to go… They will go and meet with boyfriends and get into trouble.” These stereotypes are
based on the fact that MDWs are generally female migrants from poor rural backgrounds. Even
though a small group of the employers were aware that these were stereotypes and said that it
could not be said for all of the MDWs in Malaysia, some of these views do influence and shape
their behaviour towards their domestic workers in placing them in an inferior position. Contrary
to this practice, some employers attempt to make them part of the family, rather than dehumanize
them. They mention that they try to take care of their worker.
6.3
Worker, servant or family member?
Domestic workers in the Malaysian households take on different roles of worker, servant and
being part of a family. For the children, she is a surrogate mother. For the elderly, she is a
companion and a care taker. However, for the main employers in the household, she can be
considered an additional child, a sister, a worker or a servant. It is therefore not strange that
MDWs are struggling to make the rapid switch between all these roles in the household. Not
only are the MDWs having difficulty but employers as well. In the interviews, employers
sometimes mentioned that they had to educate and partly raise their MDWs because they had no
idea what to do in the household or what they should do with their free time and salary. In these
cases, the MDWs were referred to as an extra child. However, here the difficulty shines through
whether this is the employer’s notion of feeling responsible or posing control on the MDW.
In other situations, employers perceived their MDWs as a sister to the family in which the power
relations were already a little different. As a sister, the MDW was given more freedom and
believed to be capable of organizing her own affairs.
6.4
Fear and mistrust
“It often comes down to whether there is trust in the relationship. I mean complete trust. Do you trust your
maid with your children and your things? Can you leave her alone in the house and that everything is still the
same when you come back? And what about if you go on a holiday? She can do whatever she likes when you
are away. Technically, you invited her in, so it is not breaking and entering if something gets stolen.”
Informal talk with employer, 22-03-2013
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Fear and mistrust play an important part in Malaysia in the control of the employer and the
restrictions on MDWs freedom to be part of a social group, organization or trade union. From the
interviews with employers, there seems to be a fine line between their control over the MDW
and looking out for their workers’ safety. Employers see it as their responsibility to keep the
MDW safe and in case something happens to the MDW they fear that they will be hold
accountable by law enforcement but also by their social environment. Cases of suicide by
MDWs, for example, have led to employers’ exposure to gossip and bad reputations, rather than
the concern and grief for the MDW. Additionally, many employers do not allow their workers to
go outside unaccompanied or not at all. This is, as the employers say, for the sake of their
MDWs safety. Because these women are young, often less or uneducated and vulnerable, they
can become victims to human traffickers. Employers say that there are ‘bad men’ who convince
the women to steel from their employers and run away with them. There have been reported
cases of this human trafficking and also many cases of the domestic worker running away on her
own accord. However, in the interviews employers let shine through that their greater concern is
the loss of their payment. Employers pay a large sum of recruitment fees to the recruitment
agencies to employ a domestic worker but as the domestic worker runs away, the employer is not
reimbursed for this calamity. Instead, the employer will have to pay the same large sum again to
find another domestic worker. Unfortunately, there is a general disability to see that confinement
to the house and restrictions on the MDWs’ mobility and choices will result in exactly what they
fear, the worker running away or commit suicide.
From the perspective of the MDWs fear and mistrust is also a reoccurring phenomenon. MDWs
fear mostly for the loss of their job. This results in accepting contracts with very low working
conditions and prohibitions on leaving the house, having a relationship, becoming pregnant and
also forming a group or joining a union. These employment contracts violate many basic human
and workers’ rights. Due to the labour laws in Malaysia, it is made easy for the employer to file a
complaint and have the work permit of the MDW withdrawn. When the MDW has no valid work
permit, she will have to leave the country immediately. In addition, transferring from one
employer to another has become a very difficult process and needs the approval of both the
current employer and the new employer. Many choose to go back to the country of origin and
make a new application. MDWs fear that the employer will find reasons to send them back. This
argument is often also used by the employer as a way to keep control over the worker. Because
of this fear, MDWs often tend to keep information from their employers. If they are allowed to
go out and have a day off, some of the women interviewed mentioned that they do not tell the
employer how they spent their day, because they are afraid that the employer will not approve.
There are also MDWs, mostly Filipina domestic workers, who inform their employers more of
their activities because they have a genuine trustworthy relationship with the employer. They are
less afraid of losing their job because they are more aware of their rights. There is a scarcity in
MDWs and they are better able to navigate their way to transfer to another employer if need be.
Other Filipina domestic workers also choose not to tell their employers how they spent their day,
not out of fear of disapproval or job loss, but as they say it is of no concern to the employer. “It is
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my free time. I can do what I want. Why should I tell them?” However, most of the workers were
reluctant to join a union for fear that their contract will not be renewed or their work permit
cancelled, making it difficult for a union to represent them. “To employers, alliances among
migrant workers constitute potential threats to family security as well as employer’s domination.
By contrast, isolation of domestic workers assures their compliance and discipline” (Lan 2003a:
16, see also Lan 2003b).
6.5
Role of the media
So not only does Malaysian colonial history lay the groundwork for perceiving domestic workers
as servants, other current contextual factors are shaping the image of the domestic worker.
Ethnicity in the home and the role of the media underline the stereotypes that are already applied
to the domestic workers before coming to Malaysia.
Newspaper articles often report on issues in the domestic worker sphere as it being a ‘market’
with ‘fees’ and ‘recruitment costs’ (The Sun 08-01-2013, The Star 18-12-12). During the
fieldwork study, newspapers were reporting on the notion of higher wages for maids. Not from a
social perspective in reasoning that they should have decent working conditions and with the
acknowledgment of the bad working conditions MDWs are in right now, but more from an
economic point of view. Furthermore, newspapers still refer to domestic workers in their articles
as maids. In addressing them as such, they keep current perceptions of servants in place, instead
of workers who have labour rights and need to fall under the protection of labour laws.
Malaysian national newspapers do report stories of MDWs being the victims of maltreatment
and abuse. However, these stories receive little attention. News of MDWs maltreating or abusing
the employer, on the other hand, is often elaborated on. In the most recent case of an Indonesian
domestic worker, who had abused a four month old baby, the media plays part in creating
stereotypes. The abuse was recorded by CCTV and the domestic worker was convicted for her
crime. The newspapers portrayed the image that domestic workers cannot be trusted, saying in
the articles that the act of the maid in question would “affect people’s trust in their maids” (New
Strait Times 20-2-2013). Notably, the conviction of the domestic worker took less than five days
and within two days the same newspaper reported the planned actions by the Ministry of Human
Resources in which subsidies were going to be provided for the use of child day care facilities
instead of the untrained untrustworthy domestic workers (New Strait Times 22-02-2013). The
state generally seems to come quickly to the aid of the employers and the need for good
childcare in order to keep women from leaving employment. In another case in which an
employer was accused of severe abuse of her Indonesian domestic worker, the domestic worker
had already moved home and was not present at the trial that lasted for more than eight years
before the employer was convicted to a 20 year sentence in prison. No press release came from
the State about actions to improve the work conditions or the rights of domestic workers or to reevaluate their migration policies for MDWs. Newspapers do however describe the MDWs in
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these cases as voiceless, absent from trial and unrepresented, though this is not the main concern
in the article.
“In order to change attitudes about migrant [domestic] workers, the media needs to play an important role.
The media rather than reinforcing stereotypes about migrant workers should raise awareness of migrant
workers’ rights, highlight human violations, give migrants a voice and highlight the important and positive
contribution that migrant workers make to the Malaysian economy.” (Bar Council 2008)
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Organizing Migrant Domestic Workers
Jeanine Kok
7. The third challenge: self-organizing by MDWs
In Malaysia the support and campaigns to fight for domestic workers’ rights comes mostly from
the MTUC, and a network of NGOs formed by Tenaganita, CaramAsia and WAO. However,
each of these organizations has their own agenda. Malaysian society lacks an organization that is
entirely organized by MDWs themselves and is, subsequently, focussing on the MDWs’ rights
and position in society. Such a union/association or any type of collective workers’ organization
has not been formed due to the restricting laws for migrants to form a union. In addition, data
shows that MDWs have neither the time nor a good understanding of trade unions and its’
functions to organize a workers’ union. This is not to say that any form of organizing among
MDWs is mostly absent.
7.1
Organizing as migrants instead of workers
By government and social standards, MDWs are not perceived as and granted the status of
workers. Though, MDWs also have great difficulty in recognizing themselves as workers. In
some interviews, the MDWs described that while working they wanted to feel or already were
‘part of that family.’ Because they are away from home, the feeling of family and home is most
important to these female migrants, but not all MDWs had this same sensation. In the households
they do see themselves as workers, though outside the home, in their free time they change to
their role as female migrants. In their free time they participate in activities that underline their
ethnicity. These activities give the women a sense of belonging and a familiar home. The
migrant and religious communities serve in these cases as the surrogate family. It can be said that
these women rank their migrant status far more important rather than their worker status.
Consequently, MDWs have not made organizing in a workers’ association or union their highest
priority. In the little free time that they are granted, they enact in their migrant roles and organize
along ethnic and religious lines. Spending the Sundays with the Filipina MDWs on their day off
gave a clear insight in what interests them and what they deemed relaxing. Much of their free
day is spend in church. For the Filipina migrant community, religion is an important aspect of
their daily lives. Sunday mornings and often late afternoons are devoted to Mass, but during the
rest of the day Filipina women spend time
with friends, make their remittances,
celebrate birthdays, preparing food and
eating together. On a regular basis,
courses are made available in music,
singing, cooking, driving etc. (See photo
2). The women can sign up to improve on
these skills. As described earlier, Maggie
changes her role from domestic worker
Photo 2: Baking course at the community centre
during the week to the role of leader in the
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Filipina migrant community in the weekend. She is very accomplished in baking pastries and is
providing classes for her fellow workers. Although the courses are held in the Filipino migrant
centre, all domestic workers who have a day off are welcome to participate. However, MDWs of
other ethnicities have less free time and rarely spend time in this community centre. Indonesian
domestic workers who were given a free Sunday preferred to stay indoors or within their own
comfort zone of Indonesian friends. Additionally, language is an obstacle, as many Indonesian
domestic workers have difficulty with speaking English. Due to different leisure time patterns,
the Filipina and Indonesian domestic workers hardly come in contact with each other. Both
groups spend the most time within their own ethnic boundaries. Unlike Hong Kong, where
MDWs of all ethnicities meet in the same public areas, in Kuala Lumpur and the surrounding
suburban areas there are no specific public places where all MDWs come together. In Malaysia
MDWs are not visible in public spaces. They are much more segregated. On their days off they
may visit public parks and shopping malls. Nonetheless, this happens on a small scale; either on
their own or in a small group of friends. To some extent, there is organizing of social activities
by MDWs. To a lesser extent, there is organizing for workers’ rights. However, these activities
are initiated not by MDWs but by the MTUC and affiliated NGOs.
7.2
MDWs view of a trade union
MDWs differ greatly in their knowledge of workers’ rights and trade unions. Contradicting laws
and practices by the Human Resource ministry and the Immigration department do not make it
any easier to understand but factors like age, previous occupations, the work environment, a
strong network of friends and family contribute as much to the level of knowledge MDWs have.
From the interviews as well as the questionnaire it is clear that the MDWs who have their own
place, have a fairly good understanding of what their rights should be. Out of the five questions
related to their rights as domestic workers in Malaysia, they gave at least four correct answers. It
coincides with their overall attitude of self-reliance and self-esteem. They have more freedom to
obtain information from their social, migrant and religious communities. MDWs are less
informed when they live-in with the employer and have no days off. They answered one to three
questions correctly. Because their world is significantly smaller, less information reaches them.
These MDWs did mention that they would get information through reading newspapers, internet
or watching television. There is also more opportunity for employers to censure the information
in situations where MDWs live-in and have no social contacts outside the household. MDWs
who live-in but have a day off also remarked that information was acquired without the
employer’s knowing. Moreover, MDWs obtained information on work conditions and rights
through different organizations. A social network of friends and family is a great source of
information and support. Even though religious organizations do not take a political stance, data
from the questionnaire shows that 26 of the 62 MDWs believed to know more about her rights as
domestic worker through her membership in a religious community. A small part of twelve
MDWs filled out that a labour organization contributed to gaining knowledge on workers’ rights.
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Again, there is a clear distinction with the MDWs coming through the formal and informal
migration channel. In the formal migration channel MDWs have acquired some knowledge on
standard contracts, fee deductions, leisure time and minimum wages as they come in contact with
training programs, embassies and immigration offices. Unfortunately, this cannot be said for the
informal channel where none of these institutions are involved and none of the MDWs were
properly informed. Only after the experiences of mistreatment and exploitation do these MDWs
come into contact with the MTUC, NGOs and embassies where they are then given information.
Age, previous occupations and different nationalities play an important part, in terms of union
knowledge. Domestic workers younger than 30 years had less knowledge on workers’ rights and
unions. Women with previous occupations in the formal sector or as domestic workers in other
countries have had more opportunity to come into contact with labour organizations and union.
Young MDWs who only just entered the labour market are far less aware of what a trade union
can do.
In the interviews and questionnaires the respondents were asked about union membership. Of the
respondents, 37.6% would become a member, if indeed a union for domestic workers existed in
Malaysia. However, whether or not the employer would allow union membership is of great
influence. In Table 7 the responses on union membership are presented in relation to whether the
MDWs believed that their employer would or would not allow them to become a member.
Member because employer will allow
(18.8%)
Member despite employer’s opinion
(18.8%)
Non-member because employer does not
allow it (46.8%)
Non-member even though employer allows it
(15.6%)
Table 7: Responses given by MDWs on union membership
The largest category is that of MDWs who would not become a member because the employer
would not allow it. Many MDWs are concerned with the effect their union membership will have
on their relationship with their employers. The motivation that was given in this group was the
fear of losing their job. Nevertheless, there were also MDWs who would run the risk of losing
their job but would still become a member. Some of the women in this category admitted that
they would keep the information of being part of a union from their employer. Noteworthy is the
small category in which the employer has no objection to the MDW being part of a trade union.
In this category, it is the MDW herself that is disinclined to become a member. The reason given
for this non- membership was the fact that these MDWs are content with their work conditions
and did not feel the need to be part of a union. Overall, these women receive an above average
salary, the recruitment fees were not deducted and medical and other expenses were paid by the
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employer. They felt that becoming member of a trade union would seem ungrateful to employers
who were treating them so well.
Despite their ideas about union membership and employers’ allowance, MDWs believed that a
union for MDWs could be a successful organization. When asked what functions are essential
for MDWs in a trade union, the general improvement of pay and work conditions was not given
the highest priority (See table 8). The majority of the MDWs (27%) want above all that a union
provides a social network. This is not surprising as many MDWs do not have any social contacts
other than their employer and other household members. To have friends to spend some leisure
time with helps these MDWs to decrease feelings of isolation and homesickness. The support in
work problems (25%) is a function of a union that is almost equally as important. MDWs do not
feel that they are supported or heard when they are in problematic situations. A trade union is a
valuable partner in disputes that gives them support, recognition and bargaining power;
something that is not present in disputes with employers and recruitment agencies. These two
requirements are followed by communal activities like trainings and workshops. These
communal activities can create a platform for shaping the social network between MDWs. This
can already be seen in for example, the Filipina migrant communities. MDWs who participate in
the courses offered, are creating new relationships. Legal advice and lobby with the government
were the lowest in importance according to the MDWs. Together they make up 8%. The lobby
with the government is not seen as very important. According to the MDWs, lobbying is
“investing time without ever seeing success.”
A; support in work problems
B; a social network
C; provide trainings and workshops
D; help to improve pay and
conditions
14%
25%
3%
5%
15%
E; provide legal advice
F; create awareness and lobby with
the government
27%
11%
G; all of the above
Table 8: Functions a trade union needs according to MDWs
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7.3
Lack of leadership
Due to time and mobility restrictions together with insufficient knowledge, MDWs have not
organized into a trade union in Malaysia. There is a lack of leadership of MDWs who are willing
to form a steady and active core that a trade union needs to become successful. In this research it
was difficult to find MDWs of various ethnicities who could participate. This in itself shows that
there is a large group of MDWs who are not visible in society. They work seven days a week and
cannot partake in migrant and religious communities. These MDWs are less educated, tend to be
exploited and are vulnerable to abuse. They are not able to negotiate good working conditions,
like free time to organize. Furthermore, they will have no means and freedom to invest time and
effort into building a union for MDWs, although they are in need of a trade union. They need
support and a better bargaining position in their work circumstances. A steady core in a union
can also not be easily provided by MDWs who are in Malaysia for a short term of two years. The
limited space for trade unions to move in, makes success in the work environment a slow
process. The temporary stay of MDWs will not result in significant progress. However, there is a
small group of MDWs who have been in Malaysia for a longer period of time. This is due to the
fact that they have a good work relationship with the employer, are often well educated and have
the ability to negotiate. These MDWs are the most visible group within Malaysian society. This
group consists largely of Filipina domestic workers, like Maggie, who in their migrant and
catholic communities have stepped forward to organize and give leadership. Despite the fact that
these women have an aptitude for leading MDWs in organizing into a trade union, solidarity
remains within their own ethnic group and is limited to these ethnic boundaries. As described
earlier, MDWs in Malaysia move in segregated work, ethnic and religious spaces and do not
come easy contact with each other. This is not say that the Filipina MDWs are not solidary with
MDWs of other ethnicities. They would like good working conditions for all MDWs. There are
MDWs who are even willing to participate from time to time in awareness projects, organized by
the MTUC or the NGOs. It has, however, not resulted in an all-encompassing collective
movement of MDWs themselves. Donating some free time to this cause, is not a problem for
these MDWs. Yet, the women are not fully committed to organize a union because it would take
up all of their free time. As shown in the previous section, there is also a group that has good
working conditions but will not become member as this may negatively affect their work
relationship with their employer. It is understandable that these women will not sacrifice all of
their time to a union, as they already have good working conditions and it will not necessarily
benefit them.
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8. Stakeholders at work
In the following chapter the strategies and actions of different stakeholders involved in the MDW
industry will be explored. First organizing MDWs by NGOs, church and migrant affiliated
organizations will be examined. The chapter will shed light on the current position of these
organizations in Malaysia and what developments can be seen from their actions and lobby. The
last section is dedicated to the involvement (or lack thereof) by the Malaysian government in
MDWs’ issues.
8.1
Collaboration with NGOs and migrant organizations
In this research NGOs like Tenaganita, WAO, Camsa, Bar Council and Caram Asia and the
national labour centre, the MTUC have been interviewed on organizing MDWs. In Malaysia,
these NGOs are in some way involved in the lobby for MDWs’ rights and workers’ benefits.
However, as Chin concludes in her “Walk of Silence” in 1997 (354), “their efforts to break down
public walls of silence surrounding the absence of labour rights and benefits for foreign female
domestic workers have met with little success.” Unfortunately, sixteen years have passed and
this research has been unable to point to any further successes, other than the increase in
awareness of the MDWs’ issues in Malaysian society. Flows of female migrants working as
domestic workers have further increased in these years and the Malaysian government has yet to
listen to the lobby of the NGOs. Therefore, NGOs have been focusing more on Malaysian
society, trying to create awareness by providing information, and on MDWs, providing support,
shelter and legal aid. Each of these NGOs has its own agenda and strategy. While CARAM Asia
is more involved in the regional network of migration and health, WAO is occupied with abuse
of women and their empowerment. Then, MTUC is more affiliated with trade unions, where
again others work more closely together with human rights or religious groups. However, the
most visible NGO for MDWs is Tenaganita. The organization provides a shelter and legal
support for MDWs who have been mistreated by their employers. There is a rescue team and
information about their hotline is widely distributed. This hotline is often used. Although these
organizations have different strategies, when there are international campaigns and one
representation needs to be formed against the government, these NGOs and the MTUC work
together. In regard to Malaysian society, they do play a valuable role in creating awareness.
NGOs have strategies in regards to MDWs that addresses the human rights of MDWs as well as
their workers’ rights. There seems to be a dialogue between the these two in which NGOs refer
often to both in the same breath. NGOs do call for the notion that domestic work is work and that
these domestic workers should not be treated as servants or slaves but as human beings and
workers. They have adopted a rights based approach in their advocacy. Their reasoning is that
migrant workers are entitled to basic human rights like any other human being, regardless of
their nationality, culture, religion, sex, language and political opinions.
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“The rights based approach means that we no longer consider persons as Indonesian or Bangladeshi or
migrant worker, but as human beings whose dignity and well-being we should be concerned about. In
accordance with this the terms and conditions of employment of foreign workers should be no less
favourable than that of Malaysian workers.” (Bar Council 2008:2)
Changing society’s perceptions of MDWs as workers can be done by mobilizing and organizing
MDWs as a group, but organizing remains a daunting task and is therefore rarely attempted.
NGOs seem to prefer to deal with cases on an individual basis in which the MDW, together with
the NGOs and/or the MTUC, negotiate with the employer through the legal system. This often
results in the MDW going or being sent home with or without compensation. In addressing these
cases individually, the current system and perceptions will not be changed, but in fact continue to
exist. Additionally, in these cases of (severe) maltreatment, the MDWs generally want
compensation and a safe trip home. Even though through the process they have become more
knowledgeable of their rights, acquiring better workers’ rights for all MDWs in a country that
they desperately wish to leave, is at the bottom of their priorities. There have, however, been
little attempts to try to organize the MDWs who have been working in Malaysia for a longer
period than two years and who have been working in good work environments. These workers
have been content with their situation and have not felt the need to organize other than their own
social ethnic group. Filipina domestic workers, who generally earn more and describe their
relationship with the employer as positive, have mentioned that they should organize and be
concerned for all MDWs. Because the intention is present in some of these Filipina domestic
workers, the MTUC has decided to work with them to try to assemble an association for MDWs
where they will be trained to become union leaders. This inauguration is planned to materialize
in august 2013. However, this is a second attempt as the first attempt in 2008 was not
acknowledged by the government. The actual reasons for this rejection were not given, but the
MTUC was given the impression that without membership fees the association will not be
sustainable. Membership fees are in this case another impediment. MDWs earn low wages.
When the association would implement a membership fee for MDWs, this would rather
discourage than attract them.
Additionally, during fieldwork it became clear that churches and religious communities played
an important part as well. Through donations they have set up centres for foreign (domestic)
workers. These centres have been able to come in direct contact with the workers and provide
trainings, a social network and support in legal matters. These religious community leaders are
spokespersons for the MDWs and provide assistance in seeking help from the embassies and
legal aid organizations. During the fieldwork, an Indonesian domestic worker of nineteen years
old had not had her salary for two years and the employer and the recruitment agency had not
extended her work permit. Together with her father, who works on the plantations, they
contacted the church members involved in migrant workers issues. As the church members are in
close contact with the MTUC, they became involved and contacted the Indonesian Embassy that
provided shelter for the Indonesian domestic worker. In this particular case, the embassy was
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able to retrieve the salary of two years from the recruitment agency in question and the
Indonesian domestic worker returned home with her remuneration. Though, these cases are dealt
with individually by the church communities and NGOs. These organizations all have their own
agenda and different focus points. Church communities act from a human stance, in the notion
that every person should be treated with dignity and respect. These communities have the most
direct and trustworthy relationships with migrants. However, these religious communities are
disinclined to become more politically involved in pursuing migrant workers’ rights. NGOs have
their different agendas as well. Despite working together on internationally set out campaigns by
the ILO, they are dispersed over society. Government regulations contribute to this dispersion in
maintaining the legislations on forming and joining associations. A collective organization by
MDWs that is visible in Malaysian society and has bargaining power in broader issues on the
inclusion in immigration and labour laws has not existed. Hopefully, this will be changed in the
upcoming inauguration of the association for MDWs.
8.2
Global to local network
On a global level, MDWs issues have gained more attention and have been put on agendas of
global labour organizations like the ILO. The Convention 189 has been the product of the ILO
that should lead to the ratification of governments to protect domestic workers globally. “Its
global strategy consists of strengthening national capacities and institutions including policy and
legislative reforms” (ILO 2013). In ratifying the convention, countries avow to put the
recommended legislation in place. So far, countries like Uruguay (2012), the Philippines (2012),
Italy (2013) and recently Germany and South Africa have ratified the convention. Other
countries like Chile have implemented specific regulations on the amount of working hours.
Brazil has implemented amendments that are in line with to the convention. In Vietnam a new
labour code now recognizes domestic work. Hong Kong has implemented standard minimum
wages and recognized the domestic workers’ union. Even Singapore has allowed MDWs a day
off per week (Solidar 2012: 5).
As the country that has significant numbers of MDWs crossing the borders annually, Malaysia
was present at the convention but failed to ratify and has made no significant amendments.
According to Ms. Parimala, the program officer of the MTUC, the Malaysian ministry of Human
Resources did to some extent support but could not easily ratify the Convention 189. “There is a
lot of pressure coming from the ILO who wants to ratify many things and want to do this rapidly.
However, they are not looking to the context.” To ratify the convention would mean that in
Malaysia significant changes will have to be made in the Employment Act. It is not possible and
not acceptable to include only MDWs in the Act and not all migrant workers. The total numbers
of migrant workers in Malaysia are incredibly high and when all migrant workers are granted
with workers’ rights, this will most likely be met in Malaysian society with resistance and many
ethnic tensions between Malaysian citizens and migrant workers. Instead of incorporation into
the Employment Act, another possibility is to create a separate policy for MDWs. However, to
ratify the Convention 189, a country will have to fulfil all requirements set by the ILO. A
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separate policy in Malaysia would not meet half of these conditions, although it would be a start
in the right direction.
To continue the ratification by countries of the ILO’s Convention 189, the ITUC launched a 12
by 12 campaign in which the goal was to have at least twelve countries ratify by December 2012.
Even though, that goal was not achieved, the campaign has led so far to ten ratifications. To
realize this campaign the ITUC collaborated transnationally with partners in more than 50
countries. In Malaysia, the MTUC together with their network of NGOs took part in this
campaign by the ITUC.
“The ’12 by 12’ campaign functions as an umbrella: it provides a flexible international framework in which
unions and friendly organizations can develop strategies and actions, suitable to the specific situation of their
country. When implementing 12 by 12 activities domestic workers need to be engaged at all stages; from the
preparation to the evaluation.” (mtucworkersrights.com)
Additional to the lobby for ratification, another goal was to involve and organize domestic
workers globally. This transferred into the MTUC’s plans for founding a MDWs’ association.
However, in Malaysia the social and political environment has not yet reached a momentum in
which such an organization is acknowledged. MTUC and concerned NGO’s have so far only
been able to create awareness on issues as abuse and exploitation, and promote certain workers’
rights that are believed to be the foundation for further development. Even though the
authoritarian government has held its positions in the last elections (May 2013), their popularity
is decreasing and opposition parties are gaining trust and votes. NGOs and labour organizations
can profit in the sense that Malaysian society is moving towards an environment that is more
open to change and different innovative leadership. Malaysia’s government needs to keep up
with the implementations done by other countries, so as not to lose MDWs who will undoubtedly
move to greener pastures.
8.3
One day off Campaign
Within the national Malaysian boundaries a one day off campaign has been implemented by
NGOs. The ILO provides in the Convention 189 a much longer action list of working conditions
that can and need to be addressed and improved. NGOs are not able to advocate for all these
improvements. Instead they chose to focus on this one day off for all as a first step towards better
working conditions. First of all, this one day off is seen as a necessity to rest, meet with friends
and do leisurely things and not be consumed by the work. The second motive for campaigning
particularly for this one day off is to make access to these workers easier for the NGOs to create
awareness of their rights and organize them. Even though the campaign has spread some public
awareness and convinced some of the employers to give MDWs a day off, the majority of
MDWs still do not enjoy this right. This is partly because the campaign was done on a relatively
small scale and the government has not yet taken any action to make it mandatory for MDWs.
Many employers do not want to give a day off for several reasons like security or runaway
issues, but also to not give them the opportunity to meet with other domestic workers and learn
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more about their rights. According to a survey done by CaramAsia in 2010, employers in
Malaysia were satisfied in the way labour laws were organized for Malaysian workers and for
the migrant workers and did not see any need to change some of these laws to improve migrant
rights. On the other hand, MDWs have different opinions on the one day off. Some would like to
have every Sunday as a day off, but are not allowed time off at all or are only allowed a day off
once every two weeks or once a month. Others are content with only once a month, but there are
also women who do not wish to have a day off. They would like to earn a little more salary on
this extra day to send home, but mostly their reason for not wanting to have a day off is because
they have no place to go to outside. MDWs do their work individually and have neither the social
contacts nor the notions of how to spend their free time.
Filipina domestic workers have overall a stronger bargaining power. Because of their day off,
they are able to have community activities on Sunday. They are also more active in the fight for
their rights, because of the day off and because they have a strong social network. However, the
Filipina domestic workers made these arrangements with their own recruitment agencies in their
home country and therefore, this only applies to the Filipina workers instead of the whole
migrant domestic worker group. To overcome the fact that some MDWs do have a day off and
others do not, the Malaysian government should take responsibility and implement these
measures for all MDWs working in Malaysia.
When employers were asked about the one day off campaign, many believed that a day off
would harm the MDWs. They said that if the MDWs were given a day off, they would come in
contact with the wrong people. “Most of the Indonesian maids do not have a day off. But where
should they go? They have no place to go… They will go and meet with boyfriends and get into
trouble” (Employer, informal talk 09-03-2013). On the other hand, many MDWs who were given
a day off preferred to spend their time in the home, like watching television. Their reasons for
wanting to stay at home on their free day were that they do not have friends or family to meet
with. They have not been accustomed to this free time and have no idea how to exercise this.
Some of the MDWs explained that they did not like to spend time on their own. Also, not
knowing the surroundings very well, MDWs mentioned in the interviews that they are scared to
get lost or meet with unreliable people. The NGO campaign does neither provide the tools nor
activities for the MDWs on this off day. Now that awareness and willingness to give a day off is
increasing, the next step needs to be the implementation of getting these MDWs together for
social activities, workshops and trainings. Religious community centres may be able to play a
more active role in organizing these MDWs. The collaboration of NGOs, the MTUC and
religious communities needs to be enhanced.
8.4
Government’s constraints for a trade union
This part of the chapter will further explore the role of the government and the obstacles the
authorities pose for a trade union for MDWs. Malaysian labour laws and Trade Union Acts
restrict trade unions in general to develop a strong position in society. In comparison to
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neighbouring countries, union membership in Malaysia is extremely low, due to unions’
restricted freedom of movement. The Malaysian government has been very reluctant to make
real changes and to succumb to pressures from global networks and institutions. The
circumstances to establish a trade union for MDWs are in the least favourable.
Restricting trade union laws
Trade unions in Malaysia are restricted in their advocacy for and advancement of workers’ rights
by the Trade Union Act of 1959 (TUA) and the Industrial Relations Act of 1967 (IRA). These
Acts do not allow workers to form unions overarching several sectors. Trade unions are confined
to their particular industry or are ‘in house’ unions. This imposes difficulty for unionizing large
numbers of workers and thus, creating more collective bargaining power. These regulations have
led to the fact that workers from a particular sector like plantation workers cannot organize
together with factory workers. Within every sector and trade, numerous trade unions have been
established. However, these unions are segregated and do not have large membership. All of the
trade unions with all members combined would create more collectivism and a better position to
bargain. However, these Acts play a significant role in obstructing unionism. It is time that these
Acts are subjected to scrutiny and amendments that lead toward inclusion of migrants.
Migrant workers officially have the right to join a union; however, in practice they are prohibited
from joining explicitly by their employment contract or implicitly by the employers’ threats of
terminating their work contracts. Migrant workers have therefore been reluctant to become union
members and this has made it difficult for trade unions to represent them. Due to the restrictions
imposed on trade unions, these organizations have to do long battles to improve working
conditions. There is limited success and the process can take years. Their limited success has led
to the fact that even many Malaysian workers are not becoming members and have little faith in
these unions. Although the reasons for low union membership by Malaysian workers are beyond
the scope of this research, it does reflect that trade unions do not uphold a prominent position in
civil society and Malaysian work environments.
Trade unions are further restricted in their ability to demonstrate publicly for better working
conditions or to demand attention for workers and migrant rights. The right to peacefully
assemble was extremely restricted by the Police Act and the Peaceful Assembly Act that were
called into being in 2012 by the Malaysian Prime Minister Najib Razak. For trade unions,
protests and demonstrations are a good strategy to show unison and solidarity. Furthermore, it
provides a power to call policies into question and demand change in pressing issues. Even
though the Malaysian Constitution declares that all citizens have the right to form assemblies,
both Acts include restrictions that make it nearly impossible to execute these demonstrations.
Among these restrictions is the requirement of a police permit, a ban on marching assemblies and
a ban on protesting around public sites. In addition, the police have been given great authority in
planning and controlling the conditions of the protest (ITUC 2013, HRW 2013). Demonstrations
by non-citizens as migrant workers in a public place as the Merdeka square, a historical site in
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the centre of the capital Kuala Lumpur, is unthinkable in the current climate. Such a
demonstration will not be given permission and without consent will most likely be fiercely
suppressed by the authorities. In case of migrant workers, being part of such demonstrations
brings extreme risks of imprisonment and deportation to the home country and is therefore never
initiated. As a result of these Acts, trade unions are deprived of their power to demand change. In
the case of migrant workers including MDWs, their poor working conditions will remain
invisible to the public.
Slow government reform
Migrant workers have been working in Malaysia for more than 30 years. However, policies and
labour laws that include migrant workers and among this group MDWs have not been framed,
even though these workers play a vital part in Malaysian economic welfare. In dealing with
migrant issues, the government has implemented and tried to implement several improvised
measures to deal with these issues temporarily. Unfortunately, migrant flows into the country are
on-going and not always of a temporary nature as often thought. Additionally, responsibilities
regarding migrant issues are dispersed among different government departments (Bar Council
2008). In this triangle of contradictory policies by the Ministry of Human Resources, the
Immigration Department and the home countries, the MDW is often unable to find her way to
seek legal aid and support. The research shows that many of the MDWs who experience
problems with their employers, contact institutions that are most trustworthy and are most known
to them; the local community centres of the church, and the most visible NGO that provides
shelter and support, Tenaganita. For the MDWs it is very challenging, almost impossible to
navigate through the institutional spider web of the Malaysian government. According to the
NGOs interviewed during my research, a complete overhaul of the labour laws and law
enforcement is necessary.
The government has shown some willingness in the past to address migrant workers issues, but
up till now has failed to come to any type of implementation. When uttering support for migrant
rights, the government is quick to withdraw this support and yields to the uproars of employers.
In its slow reform and rejecting to ratify the ILO Convention 189, the government argued that
domestic workers rights cannot be implemented because of the privacy violations of the
employers. Because of the individual organization of domestic work, the government is in favour
of the employers, giving them the freedom to individually determine the contract with the
domestic workers. Thus, in arguing this, the government shows its favouritism for employers
rather than a neutral stance in the protection of MDWs, migrant workers and to further extent all
workers (The New Straits Times, 05-08-2009).
In Malaysia this favouritism can be seen in the current and continuous debates on the recruitment
fees and minimum wages. The Association of Foreign Maid Agencies, known as Papa, had set
the recruitment fee at RM 8,500, whereas the Malaysian government had agreed in the MoU, a
Memorandum of Understanding, with the Indonesian government that the recruitment fee was
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fixed at RM 4,511. This is a significant alteration in price. The Human Resource Ministry
secretary-general replied that “the government will not interfere in the new fee structure fixed by
Papa based on market forces” (Irene Fernandez, Tenaganita 2013). Despite the transnational
agreements made between the Indonesian and the Malaysian government, the association of
recruitment agencies (the Papa) and the association of employers (the Mama) are the most
influential in determining the working conditions, fees and salaries of the MDWs. The Malaysian
government is leaving this MDW industry to market forces rather than being concerned about the
welfare and rights of the MDWs involved. Both employers and recruitment agencies are well
represented in these associations, where MDWs have been denied this right to form an
association. NGOs and the MTUC try to represent MDWs in these debates but are often left out
of the discussion and have less influence. To be integrated as an equal association in this
tripartite system is essential.
Instead of leaving it up to market forces and profit seeking agencies, the Malaysian government
has to set firm legislations and law enforcement to protect MDWs working within the national
boundaries. The Malaysian government has invested time and effort to negotiate a MoU with the
Indonesian government as the largest group of MDWs in Malaysia is Indonesian. However, the
labour market is flooded with MDWs coming from many other neighbouring countries that have
not yet begun to set standards and come to an understanding with the Malaysian government.
The Malaysian government is not capable to maintain separate MoUs with all surrounding
countries. National legislation would be the most effective. However, in protecting MDWs and
migrant workers the Malaysian government fears ethnic tensions and the upheaval by Malaysian
citizens who feel less protected.
Furthermore, the MoU that was established in 2006 between Malaysia and Indonesia lacks many
clear standards as well as implementation. Even though the MoU states adequate rest and limited
working hours, it is still unknown what is exactly meant by this. Recruitment agencies are still
free to interpret these terms in the amount of hours they believe are appropriate. In the MoU
there is also no mention of a standard minimum wage. This remains an unresolved point of
discussion. As the rules are unclear, recruitment agencies cannot be controlled and be held
accountable for not exactly following the MoU requirements. On the ground, MDWs have
experienced little difference in their employment contracts (HRW 2004: 29).
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Conclusions
The preceding chapters have provided the findings in regard to the sub questions that were set at
the beginning of this research. By mapping the challenges and constraints for MDWs to organize
in a trade union, in these chapters it has become clear what the current work environment entails
for MDWs in Malaysia and what issues need to be addressed. It has shown where a trade union
for MDWs is needed the most. Additionally, these chapters have clarified what organizing
strategies have taken place among MDWs and NGOs. It has given an insight into the strategies
of different stakeholders on how to organize this industry. As the ground work has been laid out,
this chapter will strive to answer the main research question;
Is a trade union able to provide an important contribution to the organizing of migrant domestic
workers and the improvement of their working conditions in Malaysia?
A positive answer can be given to this research question, notwithstanding the obstacles explained
in the previous chapters. In the literature, academics like Munck (2010) and Hyman (1994, 2001)
have urged trade unions to include groups that have been underrepresented. They have argued
that trade unions in the past have been more focussed on business and industrial relations, but in
recent decades have already made some transformations by integrating and positioning the
organizations into a more social and political movement. On a global level, the ILO’s definition
of a trade union has broadened to include the social status and welfare of the workers. Having
examined MDWs in Malaysia, the findings show that the social model in a trade union needs to
be underlined. First of all, the current perceptions of MDWs and domestic work in Malaysia are
rife with a servant status that inhabits notions of inferiority and disregard. Due to its colonial
past, master-servant relationships are still present in Malaysian society. It is enacted by the
substandard treatment of MDWs by employers. In order to create better and human treatment of
MDWs, a change needs to be made in the way Malaysians see MDWs. As the political
environment is incredibly hostile to MDWs, the union will have to venture into Malaysian
society to change current perceptions and attitudes. Trade unions should and can be actively
involved. Secondly, trade unions will have to move more towards social unionism and away
from business unionism in order to connect well with these new informal female workers and
remain relevant in this way. A social unionism rather than any type of political or business
unionism is necessary to address the MDWs issues. From the data, it is clear that these female
migrants organize themselves socially rather than as workers. As migrants they are more familiar
with and dependent on their social networks for acquiring knowledge and their sense of
belonging. An approach to them as workers will not work efficiently because these women
consider themselves first and foremost as migrants. To attract them as members, a trade union
needs to offer social events, relation and skill building activities in the weekends. A trade union
can respond to these primary needs in a short period of time. This will allow temporary two year
MDWs to profit to some extent from their membership as well.
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Conclusions
According to Frege and Kelly (2004) union membership is a key element of trade unions. The
larger the membership, the greater the bargaining power. Active unionizing among MDWs in
Malaysia in terms of workers’ rights has proven to be little. Although NGOs and the MTUC are
campaigning, MDWs are scarcely involved in the campaigns because of the nature of the work
and the constraints in time and mobility. However, these MDWs need to become more visible
and be given a voice, which is what the trade union can provide. Through the trade union they
will create a strong and more visible position in society. It will give the women more
empowerment, support and a platform to develop their skills. A trade union will contribute to the
construction of a workers identity as well as their social roles.
The findings display four different attitudes to union membership which are directly
influenced by the attitudes of the employers towards a trade union. Two out of the four groups of
MDWs were less inclined to join a trade union because the employers would not approve. This
goes to show that negative perceptions on domestic work and trade unions in the Malaysian
society first need to change in order for MDWs to gain more freedom to become member. It
leaves two groups of MDWs who are willing to participate in a MDW union. One of the MDWs
groups mentioned that they were willing despite their employers’ disapproval, however, it
remains to be seen whether these MDWs would proceed with participation when indeed a trade
union is founded. Despite the fact that there is a small group of MDWs left who have are willing
and have the freedom, these female migrants are not temporary workers and can create a
longstanding leadership, which is also a vital part of a trade union. To create this large
membership, innovative strategies for example in the use of social media and building ecommunities could help to overcome this challenge. Because of geographical dispersion,
mobility and time issues, a trade union for MDWs should explore the opportunities in building a
digital union community. Through the use of social media MDWs can be more easily reached in
the households. The questionnaire and interviews with MDWs brought to light that many of the
MDWs were informed by news on television and internet websites and online social
communities as well as emails, text messages and phone calls by family and friends. The
distribution of information on workers’ rights, trade union progress and union activities through
digital networks may have a wider reach than the actual door to door distribution of leaflets.
Digital newsletters can be sent directly to MDWs without the involvement or permission of the
employer. Although the MTUC has launched a forum for MDWs and has a website reporting
news and activities, this website nor the forum is well known with MDWs, let alone the MDW
forum by MTUC. During fieldwork it became clear that the use of social media can be better
employed as a means of communication. A trade union should try to actively stimulate and
mobilize MDWs in this way.
Some scholars as Gallin (2001) and Wad (2012) address the necessity of transnational networks
with other trade unions. Wad goes even further in saying that relations between Malaysian
unions acquire more coordination. The importance of transnational networks between trade
unions became evident in this research. The findings illustrate that the nature of the migration
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Conclusions
corridor to some extent influences the work circumstances MDWs find themselves in. In this
migration process there are some steps MDWs undertake where trade unions can be involved in
and promote union membership. The MDWs come together in the home and destination country
for training programs, given either by the government or recruitment agencies. This gives trade
unions ample opportunity to provide the MDWs with information on workers’ rights and to
create awareness of trade unions and their functions. The data showed that many of the MDWs
did not possess any knowledge on trade unions and had never before come into contact with
them. Through involvement in these migration steps, MDWs know prior to working in a foreign
country that there are support networks in place. In the current situation, MDWs come into
contact with NGOs and trade unions when bad experiences have already occurred. Knowledge is
acquired by the MDWs on their return rather than at the start of their migration. Trade unions in
both home and destination countries should collaborate to provide information and support for
the MDWs throughout the migration process. This allows for better monitoring and attracting
union membership.
However, in order to become more involved in these processes, good open work relations with
the government and recruitment agencies is important. This is exactly a constraint for trade
unions, as both parties are unwilling to include trade unions. What increases these difficulties, is
the fact that there are great differences between the MDWs coming through the formal and
informal migration channel. In the informal sector maltreatment, exploitation and human
trafficking is happening more than in the formal industry. If a trade union were to establish work
relationships with the official recruitment agencies, then this would improve the knowledge and
working conditions of the MDWs coming through the this official migration channel. However,
there are two obstacles remaining. First of all, the aim of these recruitment agencies is profits and
would consider a trade union as an interfering party rather than an added value. Secondly, if
indeed these work relationships can be established, it would only better the circumstances for the
registered MDWs and would not tackle the informal migration channel where help is needed the
most. Nevertheless, a transnational network between trade unions should be helpful in increasing
voice and influence in these processes. If a trade union for MDWs were to be recognized, it can
contribute greatly to the improvements of working conditions and the standardization of
legislation. A trade union will then be able to take part in the discussions in the tripartite system
of employers/recruitment agencies, workers and government.
Not ratifying the ILO convention 189 shows Malaysia’s inability to view MDWs as
economically contributing workers. However, with more countries ratifying this convention or
making policies to improve some of the working conditions, pressure builds up on countries that
do not ratify or make adjustments. Countries like the Philippines, Hong Kong and Singapore
show (some) political willingness and look towards improving working conditions. MDWs will
seek out destination countries where they will benefit the most from their labour, rendering
Malaysia as less attractive for these workers. As Malaysia is largely dependent on migrant
workers for creating and continuing economic development, the government should strive to
slowly make adjustments to meet halfway in both employers’ and migrant workers’ needs.
66
Organizing Migrant Domestic Workers
Conclusions
In the literature, Frege and Kelly (2004) and Rowley and Benson (2000) make allowances for
contextual factors that influence the level of successfulness of trade unions. In the case of
Malaysia, one of these contextual factors that creates difficulty for a trade union to be successful
is ethnicity. This is particularly visible in the MDW industry where female migrants of different
ethnic backgrounds are working and living together with Malaysian families. Cultural
differences become more prominent due to working in such continuous proximity. It results in
fear, mistrust and disregard in the relationships between the MDW with the employer.
Additionally, the media contributes to portraying negative images of MDWs. There is also a
reluctance of the Malaysian government to include migrant workers in labour laws in order to
‘protect’ its Malaysian citizens. The Malaysian government and employers, not only of MDWs
but Malaysian employers in general, should change their mind set that migrants are not a threat
but are of social and economic value and should therefore be respected and be granted workers’
rights. According to Bhopal (2001), ethnicity is a core element in Malaysian society and unions
are therefore organized according to ethnic identities. Collective bargaining is made difficult by
ethnic tensions that may occur. Wad (2012) who examined the automobile industry in Malaysia,
disagrees with Bhopal. However, the data from this research in the MDW industry demonstrated
that ethnicity plays a big part. Not only within the Malaysian households, but among MDWs
ethnic segmentation is observable. The small group of MDWs that enjoy a day off spent most to
all of their leisure time within the comfort zones of their migrant communities. Even though a
notion of solidarity existed that extended to MDWs of other ethnicities, interaction and collective
actions are unusual. Bridging this ethnic diversity in one trade union for MDWs is a challenge,
but can be overcome by a union that is upholding a social model, strong leadership and strives to
open social dialogue by means of (transnational) partnership building activities.
With so many constraints and challenges for a trade union to organize MDWs, it is only easy to
think that there is no place for trade unions in the MDW industry or the informal sector in
general. However, workers in these industries work under poor conditions and especially female
migrant workers are vulnerable and invisible. Because they are female, migrant and informal,
they are the worst off as they have to deal with gender, ethnic and migration issues on a daily
basis. Therefore, despite the constraints, trade unions need to rise to the challenge in protecting
these workers and create positive attitudes in society towards these female workers who
contribute greatly to Malaysian society and economy.
67
Organizing Migrant Domestic Workers
Jeanine Kok
Recommendations
Recommendations for trade unions and government
 The Malaysian government should ratify the ILO Convention 189. The government needs to
adopt and implement policies that protect the rights of domestic workers. A legislation that
allows MDWs one day off a week and a standard minimum wage would be small though
significant steps in the right direction.
 The Malaysian government obstructs the ability of MDWs to voice their work related issues
and to organize into an association to create a bargaining position in the tripartite system. The
government should recognize a MDWs association or trade union, as part of this system, so
MDWs can enter the discussions with employers and recruitment agencies. Trade unions for
all stakeholders; employers, agencies and MDWs, should exist in which better
understandings between stakeholders should be established. Negotiations on employment
contracts and work related disputes can be openly addressed and solved.
 Need for independent organization in immigration and monitoring. The government needs to
take responsibility and have transparent and accountable agreements. The government should
hold a neutral position with employers and workers. There should be a separate independent
department that registers and monitors the situation of domestic workers and controls the
recruitment agencies. In addition, trade unions should attempt stronger cooperation with the
government and recruitment agencies to become involved in the training programs when
MDWs enter Malaysia.
 In the case of MDWs, trade unions should invest in transnational networks to inform MDWs
prior to and after migration. Trade unions on both sides of the migration corridor should
work closely together to signal, inform and attract MDWs as members of a trade union.
 Trade unions should be given more authority by the government to help MDWs with their
rights, contracts and obligations. Unions should raise awareness that domestic work is work
and that MDWs are workers. Unions can play an important part in breaking down current
stereotypes in society.
Recommendations for MTUC:
 MTUC should continue to promote public awareness among workers and employers that the
relationship with their MDWs are employer-worker relationships, based on a standard
employment contract with obligations and responsibilities honoured by both parties.
 The Forum for Migrant Domestic Workers needs to be more visible. From the survey it
showed that the Forum is not well known among the domestic workers. The use of social
media, like Facebook, might be a strategy to keep the domestic workers informed of what is
happening and can provide information on their rights and union activities.
 If the Forum has increased and has active membership, then the registration of an
Association for domestic workers will have more bargaining power. To acquire this
68
Organizing Migrant Domestic Workers
Recommendations
membership, collaboration with church affiliated migrant communities may provide access to
these workers.
Recommendations for further research:
 A similar research in comparison to other Asian states as Hong Kong and Singapore can
contribute to knowledge on how MDWs organize themselves and on how trade unions may
be better or less able to advocate the MDWs’ rights, according to different cultural and
societal backgrounds.
 Further research needs to be done on the recruitment agencies and their role in human
trafficking and their accountability. More knowledge should be acquired on the migration
process and how recruitment agencies are involved in these processes, mapping the
possibilities for trade unions to become more integrated here as well.
 Research on new foreign domestic worker groups who are now entering Malaysia. Because
the Filipino foreign domestic workers are more visible in society and have strong networks
and additionally strong support from the Filipino embassy, they are easily reached and often
subject of research. However, it will also be valuable to have an in-depth understanding of
those foreign domestic workers who remain isolated and at the margins of society. These
new migrant groups like Cambodians, Vietnamese etc. have weak or no support networks.
Their government, embassies and NGOs are inexperienced in providing services and support
for these new flows of migrant workers in new informal industries. It will contribute to an
understanding of their specific needs, difficulties and possibilities for improvement
69
Organizing Migrant Domestic Workers
Jeanine Kok
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Jeanine Kok
Appendix
A. Questionnaire
The working conditions in domestic work, labour rights and the attitude towards organizing a trade
union for migrant domestic workers
1. General information
Date: _____/______/________ (dd/mm/year)
1. Age:
2. Nationality:
3. Your highest level of education:
□ No education □ Primary School □ Secondary School □ High School Graduate
4. Before coming to Malaysia, did you have a job:
□ Yes, my job description was:
____________________________________________________________
□ No, I was unemployed
5. How long have you been working as a domestic worker in Malaysia:
□ College
6. How did you get your job in Malaysia?
□ Direct Hire
□ Recruitment Agency: _________________________________________________________________
□ Government Office: __________________________________________________________________
□Other:______________________________________________________________________________
2. Working Conditions
7. How many hours do you work per day?
____________________________________________________________________________________
8. Where do you live?
□ I have my own place □ I live-in with the employer □ Other:_______________________________
□ No
9. Does the employer hold your documents?
10. How would you rate your relation with the employer?
Not good 1
11. Does your employer pay for your recruitment fees?
12. Are these fees deducted from your salary?
2
3
□ Yes
4
□ No
□ No
5 very good
□ Yes
□ Yes
13. What is your monthly salary? ________________________________________________________
14. When you are ill, does the employer pay for medical treatment?
15. When you are ill, does the employer give you a day off?
□ No
□ No
□ No
□ Yes
□ Yes
□ Yes
16. Do you have a weekly one day off?
If yes, please answer questions18a and 18b below.
a. What do you do on your day off?
____________________________________________________________________________________
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Appendix
____________________________________________________________________________________
____________________________________________________________________________________
b. Does your employer know what you do on your day off?
□ No
□ Yes
17. Many organizations are campaigning for a one day off for all domestic workers. What do you
think about this?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
3. Rights and Organizing to improve work conditions
18. Have you ever negotiated about payment, working hours and leave with the employer?
□ No,
because:_____________________________________________________________________________
____________________________________________________________________________________
□ Yes. How did the employer react?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
19. To your knowledge, do migrant domestic workers in Malaysian laws have the right to:
□ No
□ No
□ No
□ No
□ No
□ No
a. maternity protection
b. a rest day
c. a monthly salary payment
d. no more than 50% deduction of your wages
e. hold their own passport
f. to work in Malaysia under the age of 21
20. How would you rate your knowledge of your rights:
not good 1
2
3
□ Yes
□ Yes
□ Yes
□ Yes
□ Yes
□ Yes
4
5 very good
21. How did you learn about your rights?
□ Friends □ Family □ Church □ Labour organization
□ Other: _____________________________
22. Do you go to meetings specifically to talk about work?
□ No
□ Yes
23. Do you know of the ILO convention for ‘Decent work’?
□ No
□ Yes
24. Have you joined campaigns for better work conditions?
□ No
□ Yes
a. Why/ or why not?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
b. If yes, how often do you participate in these campaigns?
____________________________________________________________________________________
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Appendix
c. If yes, how do you hear of these campaigns?
□ Friends □ Church □ Newsletter: __________________□ Organization:____________________
25. Do you think these campaigns have helped to improve work conditions?
a. Or create awareness?
□ No
□ No
□ Yes
□ Yes
4. Attitude toward Trade union
26. To your knowledge, are migrant domestic workers allowed to form or join a trade union in
Malaysia?
□ No
□ Yes
27. If there would be a trade union for migrant domestic workers, would you become a member?
□ No, because:
________________________________________
________________________________________
________________________________________
□ Yes, because:
_________________________________________
_________________________________________
_________________________________________
28. Do you think your employer would allow you to join a union?
□ No
□ Yes
29. Do you think a union would be able to help to talk to employers and get better working
conditions?
□ No
□ Yes
30. What should a trade union do for domestic workers?
Support in work problems
Be a social network
Provide trainings and workshops
□
□
□
□
Help to improve pay and conditions
Provide legal advice
Create awareness and lobby with the government
□
□
□
All of the above
Other:_________________________________________________
31. Do you think a trade union is able to change the labour rights for migrant domestic workers?
□ No
□ Yes
32. How do you know the Malaysian Trade Union Centre (MTUC)?
□ I don’t know □ friends □church □ organization: ____________________________________
□
Other: _________________________________________________________________________
33. Do you know of the Migrant Domestic Worker Forum by the MTUC?
□ No
□ No
□ Yes
□ Yes
Are you a member of this Forum?
Because:____________________________________________________________________________
____________________________________________________________________________________
34. Have you participated in meetings and activities organized by the MTUC? □ No
□ Yes
35. How have these meetings and activities been helpful for you?
____________________________________________________________________________________
____________________________________________________________________________________
This is the end of the questionnaire. I thank you for your participation and time!
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Organizing Migrant Domestic Workers
Appendix
B. Topic-list interviews
Interview and focus groups with MDWs:
Family and Social network
Relationship with Employer
Work conditions
Work related issues
Organizing to improve work conditions
Attitude toward Trade union/migrant organizations
Support from home and destination government and embassies
Interview with Migrant Advocacy NGO: Tenaganita, Caram Asia, CAMSA, Malaysian
Bar Council and Women’s Aid Organization
Mission & Strategy
International networks
Global campaigns as the ILO Convention 189
Local campaigns as the 12 by 12 campaign, One day off campaign.
View of domestic workers and their bargaining position
Perceptions on migrants own actions and organizing
Possibility of Trade union for FDW
Constraints for organizing MDWs
Position of the government
Interview with Government Officials
Situation on migrant workers in Malaysia
Legislation regarding foreign domestic work
Migrant advocacy
Involvement and collaboration with trade unions
Communication with Malaysia’s Immigration department and foreign governments
The Memorandum of Understanding with Indonesia
The role and influence of recruitment agencies in Malaysia
Interview with Embassy spokespersons
Inflow of migrants
Immigration and repatriation process
Situation in Malaysia for MDWs
Work Issues and complaints by MDWs
Support for MDWs by the embassies
Implementation of standard contracts
The role of the recruitment agencies in the home country and in Malaysia
Political agreements between the Home government and Malaysian government
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Organizing Migrant Domestic Workers
Appendix
C. The selection and Processing of Domestic Helpers by Official
Recruitment Agency
Process/Activity
A) Agency Applicants
1. Selection of
Domestic Helper
2. Submission of
Documents:
a. Pre-qualification
such as passports
b. Medical Exams
3. Other required
trainings
a. Tesda (NCII)
b. OWWA (Language
and Culture)
4. POEA Processing
5. Malaysian Embassy
Filing
Total Of About
B) Request Workers
1. Submissing
Documents
2. Medical Exams
3. Other Required
Trainings
a. TESDA (NCII)
b. OWWA
4. POEA processing
5. Malaysian Embassy
Filing
Total Number Of Days
Required
Number of Days
on-going (depends on set skills needed)
5 days at most if the applicant has already a valid passport
3 to 4 days, except if she has any pending result of her medical exam that
requires further check up
Note: For new applicants that do not have yet any passport, the time to
apply is almost two months
14 days. This includes the training assessment/examination by our TESDA. A
certificate will be issued once the DH passed the actual and written exam. If
the DH failed, she has to undergo a review/re-examination. But if the DH is
ex-abroad, or has already taken the required training before and with
certificate, she has to take only the assessment , which is one day.
2 days (scheduled to be provided by OWWA)
2 days
3 days
20 to 25 days
3 to 4 days
3 to 4 days
5 days. This includes the training, assessment/examination by our TESDA. a
certificate will be issued once the DH passed the actual and written exam. If
the DH failed, she has to undergo a review/re-examination. But if the DH is
ex-abroad, or has already taken the required training before and with
certificate, she has to take only the assessment, which is one day.
2 days (per OWWA schedule)
2 to 3 days
3 days
15 days (approximately) plus the time of the Malaysian sponsor in applying
for the Calling Visa
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Organizing Migrant Domestic Workers
Appendix
D. Requirements and guidelines for hiring a domestic worker in Malaysia
by government (PRA)
1. All forms and matters related to what has been determined, are to be brought forth by the
employer or a foreign labor agency registered with the Malaysian Department of Immigration, to
a Malaysian Negeri/State Department of Immigration (according to the employer’s address).
2. The employer must have a child in need of care and overseeing or an ill parent.
3. The employer’s wife must work and only one domestic worker may be requested per family.
4. Foreign domestic workers should be derived from citizens of Indonesia, Thailand, Cambodia,
the Philippines or Sri Lanka.
5. The age of foreign domestic workers should be no less than 25 years and no more than 45
years.
6. The income of an employer who wishes to compensate Filipina and Sri Lankan domestic
workers should be RM 5,000.00 and for Indonesian, Thai and Cambodian domestic workers
should be RM 3,000.00.
7. Prospective foreign domestic workers must be in their home country and enter/arrive in
Malaysia using a Visa with Referral.
8. Endorsement of the temporary work permit should be obtained at a Malaysian State/Negerilevel Department of Immigration that should finish processing it within 1 month after the arrival
date.
9. Foreign domestic workers are not allowed to marry citizens of their host country or foreign
laborers working in this country.
10. Foreign domestic workers should always watch their conduct at all times and should not be
involved with activities that go against the ethics/culture of the host area.
11. An extension of the duration of the temporary work permit should be announced to
Immigration officials of any place three (3) months before the expiration date of the temporary
work permit.
12. Foreign domestic workers are prohibited from swapping jobs or swapping employers.
13. Employers who are not of the Islamic faith are required to provide appropriate housing for
Muslim foreign domestic workers and should not perform household tasks that go against the
religion of Islam and should not state that they will not control their pigs or dogs.
14. Foreign domestic workers will exit with a Multiple Entry Visa for a time period of 12
months.
15. Employers are required to report to the Malaysian Department of Immigration if foreign
domestic workers quit / are fired from their job or if they go missing or flee from the place where
they should be working.
16. Employers are also required to take home domestic workers who are fired, ask to be released,
have come to their passport expiration date or have their passport cancelled.
17. The Malaysian Department of Immigration has the right to cancel clearance or passports that
have been issued.
18. Foreign domestic workers are prohibited from making Applications for Entry Permits while
they hold temporary work permits.
Source: HRW 2004, “Help Wanted: Abuses against Female Migrant Domestic Workers in
Indonesia and Malaysia,” 16 (9).
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Organizing Migrant Domestic Workers
Appendix
E. Guidelines on New Maids
Employers
1.
2.
3.
4.
5.
6.
7.
To send new maids for medical check-ups under Fomema.
To allow the maid to assist in housework only.
To provide a room, food and adequate rest time.
To ensure maids do not marry locals.
To pay salary by first week of each month and to keep record of payments.
To report to the immigration department if the maid is dead or missing.
To bear the cost of sending maid back to her country once the contract ends.
Maids
1.
2.
3.
4.
5.
To live and work as stated in the contract.
Not allowed to run business.
To follow instructions from the employer as stated in the contract
To take care of children or parents in the care of the employer.
Not to get pregnant or give birth in Malaysia.
Maids Agencies
1. Upon request to bring in a maid, it must get approval from government departments.
2. To prepare a profile of the maid and ensure she fulfils an employer’s need.
3. To replace a maid within three months if she fails the medical check-up.
Immigration Department
1. To confirm if working pass is original and to approve temporary working permit.
2. To issue a memo as and when the maid returns to her country of origin.
3. To investigate reports of lost passport or runaway maid.
Labour Department
1. To enforce the terms and conditions in the foreign maid contract.
2. To monitor maid agencies.
Police
1. To look into physical and sexual abuse reports and for missing maids
Website information provided by E-job, an official recruitment agency
http://www.maid-agency.com.my, researched on 26-04-2013.
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