Guidelines and tips for employers of foreign domestic helpers PRESENTER : MADANJIT SINGH S/O JESWANT SINGH SENIOR ASSISTANT DIRECTOR LABOUR DEPARTMENT MINISTRY OF HUMAN RESOURCES, MALAYSIA 1/10

What is the “Guidelines and Tips for Employers of Domestic Helpers” Covers useful information regarding laws and practices related to the recruitment and employment of foreign domestic helpers. Provides tips on how to employ a foreign domestic helper, be a good employer, and create a more harmonious atmosphere in your home. Address key questions on resolving conflicts and provide adequate resources to support households employing foreign domestic helpers. Why was it introduced? Ensure adequate protection of foreign domestic helpers, while considering the challenges faced by employers. Apply the “persuasive methodology of the principles of communications”; rather than the normal “Do’s” and “Dont’s” Persuade employers to change their mindsets and approaches when dealing with foreign domestic helper. Create awareness and ensure adherence to the various laws, rules and regulations which is currently enforced in protecting foreign domestic helper

CONTENTS OF THE GUIDELINES RECRUITMENT Where should I go to recruit a foreign domestic helper? What qualities should private employment agency possess? Is it advisable to employ undocumented foreign domestic helper? CREATING A HAPPY & HARMONIOUS HOME Providing a comfortable living environment Reasonable accommodation, daily meals Establishing mutually beneficial working condition Contract of employment Task/Job scope, working hours, weekly leave day Salary/remuneration, home leave, insurance coverage

CONTENTS OF THE GUIDELINES (continued) COMMUNICATIONS, CULTURAL ISSUES, RELATIONSHIP AND SKILLS BUILDING Communication and cultural issues Relationships and other personal safety issues Capacity and skills building ANNEX 1 Sample contract of employment ANNEX 2 List of useful contact numbers ANNEX 3 Employment Act (Section 60 – Work on Rest Day) ANNEX 4 Employment Act (Section 57 – Domestic Servants)

Jointly initiated and produced by Malaysian Government and ILO Ministry of Human Resources, Malaysia JULY 2015 – MEETING SESSIONS WITH STAKEHOLDERS AND CONCERNED PARTIES (GOVERNMENT, EMPLOYER, EMPLOYEE, CSO, RECRUITMENT AGENCIES) 2014 - IDEA TO PRODUCE A BY THE ILO DURING A WORK VISIT BY MALAYSIAN GOVERNMENT OFFICALS SEPTEMBER 2015 – MEETING SESSIONS RESUMED TO DISCUSS ON INPUTS AND INFORMATION OBTAINED ALSO REQUESTED FEEDBACK FROM ALL PARTIES INVOLVED JUNE 2015 – ILO CONSULTANT AND ADVISOR APPOINTED TO COORDINATE WITH THE MINISTRY ON PRODUCING THE GUIDEBOOK AUGUST 2015 - WORKSHOP WAS CONDUCTED TO GAIN INPUTS AND RELEVANT INFORMATION FROM ALL STAKEHOLDERS AND EMPLOYERS OF CURRENT DOMESTIC HELPERS USING THE OPEN SPACE TECHNOLOGY CONCEPT OCTOBER 2015 – DISCUSSION BETWEEN ILO AND GOVERNMENT TO ANALYZE THE SUITABILITY OF THE INPUTS TO EMBARK ON THE FIRST DRAFT OF THE GUIDEBOOK IN ENGLISH

THE INPUTS AND FEEDBACKS GATHERED WERE CAREFULLY STUDIED AND ANALYZED BY GOVERNMENT AND ILO TO ENSURE THAT CONTENT IS IN LINE WITH THE RELATED LAWS & REGULATIONS, CULTURAL AND RELIGIOUS BELIEVES AND THE SENSITIVITY OF THE PEOPLE FINALLY IN MARCH 2017, THE GUIDELINE DRAFT WAS APPROVED AND PRINTING WORK BEGAN IN MID APRIL 2017 LAUNCHING OF BOOK : 25 MAY 2017 THE WHOLE OF 2016 AMENDMENTS WERE MADE FROM TIME TO TIME TO POLISH AND PERFECT THE ENGLISH DRAFT AND TO TRANSLATE INTO THE BAHASA MELAYU LANGUAGE

RELIGIOUS AND CULTURAL BELIEFS CHALLENGES IN GUIDELINE DEVELOPMENT GOVERNMENT Policies and legislations Dissemination of guideline Creating awareness EMPLOYER Acceptance of guideline Responsibilities = burden Lack of awareness on employers’ responsibilities RELIGIOUS AND CULTURAL BELIEFS CHALLENGES IN GUIDELINE DEVELOPMENT EMPLOYEE Lack of awareness on their rights Unsure of channel for assistance Language barrier CSO Have to support the inadequate manpower/resources from country representatives

OVERCOMING CHALLENGES AND WAY FORWARD - Work together with MOHR, STAKEHOLDERS and NGO's in providing assistance - Provide assistance to employers and domestic workers who face communication (language) barriers - Ensure that terms agreed upon in the MoU are being clearly understood, adhered to by all involved parties - Incorporate into labour laws ( one rest day, payment of wages through bank account, sexual harassment , the requirement of informing the nearest Labour Office when the Domestic Helper arrives and is being repatriated) - Networking with Stakeholders ( Employers Federation, Trade Union, Umbrella Bodies that oversee Private Employment Agencies, Govt Agencies especially the Immigration Department and NGO's on creating of awareness on accepting and applying the guidelines. ) - Made available guidelines online in English and Malay - Assist Country Recruitment Agency to conduct training for domestic workers prior to being deployed to receiving countries ( laws, human rights, decent employment etc)  - Explain in detail terms and conditions of contract of employment and ensure that one copy is retained by the worker,  - Provide information on channels to complaint and reach out in any case of unacceptable behaviour / actions  of the employer towards them  - Seek assistance of Private Employment Agencies to inform employers who are keen to employ a domestic helper of the existence of the guidelines and specifics laws/rules /regulations  - Assist in disseminating information pertaining the guidelines to their members - Role of NGO's and the Media to educate and create awareness OVERCOMING CHALLENGES AND WAY FORWARD CSO GOVERNMENT EMPLOYEES EMPLOYERS

BETTER SOCIETIES Healthier and happier homes… Ensuring the rights of domestic worker results in… Healthier and happier homes… BETTER SOCIETIES http://jtksm.mohr.gov.my/index.php/en/highlights/1002-guidelines-and-tips-for-employers-of-foreign-domestic-helpers http://mohr.gov.my