KUALA LUMPUR: Malaysia and Indonesia's memorandum of understanding (MoU) on the recruitment and protection of Indonesian domestic helpers has drawn mixed reactions from Malaysian recruiters, employers and analysts.
Most recruiters and employers felt the agreement was "lopsided" and in favour of the workers from the republic, following the various initiatives and strict rules the Malaysian government would have to put in place to safeguard the welfare of the maids.
In fact, one local news portal recently reported that a minimum wage of RM1,500 will be imposed on Malaysian employers as per the contents of the MoU between Malaysia and Indonesia. However, Human Resources Minister Datuk Seri M. Saravanan later clarified that wages for Indonesian maids will start at RM1,200 based on the current minimum wage rate.
The signing of the MoU took place on April 1 in Jakarta, Indonesia. Saravanan signed on behalf of Malaysia while Indonesia was represented by its Manpower Minister Ida Fauziyah. The signing was witnessed by Malaysian Prime Minister Datuk Seri Ismail Sabri Yaakob and Indonesian President Joko Widodo.
UNFAIR
Associations representing Malaysian recruitment agencies and employers, meanwhile, raised other issues in the MoU deemed to be unfair to employers.
Association of Employment Agencies, Malaysia (Papa), president Datuk Foo Yong Hooi said it is unfair to make employers pay their Indonesian maids a minimum salary of RM1,500, as outlined in the MoU.
He said in the case of live-in maids, their employers bear all their expenses, including lodgings and food.
"If the employer is required to pay a minimum wage of RM1,500 and provide the maid with a room to stay in as well as bear her food and beverage expenses… it doesn't seem worthwhile.
"It will be a burden to those who are not that well off but need a maid to take care of elderly people or children," he told Bernama.
To overcome this problem, Foo suggested that the government allow the implementation of part-time maid services operated and managed by private employment agencies.
"This will enable employers to hire maids on a part-time basis, with the lodgings of these maids handled by experienced private employment agencies," added Foo, who also expressed his disappointment at the Human Resources Ministry for not engaging with his association prior to signing the MoU.
BIASED
Meanwhile, Malaysian Maid Employers Association (Mama) president Engku Ahmad Fauzi Engku Muhsein urged the government to provide a detailed explanation of the MoU, particularly with regard to the costs to be borne by the employers.
"The MoU is not clear, and seems biased… to me, the employer also has the right to claim compensation, including the cost of accommodation, food and drinks, in the event the maid runs away.
"We too need to know if Indonesia can guarantee that the maids they provide are of high quality and reliable and will not abuse their employers," he told Bernama.
The MoU's provisions include the use of a single-entry channel to process the placement, monitoring and exit of Indonesian workers; contributions to the Social Security Organisation (Socso); wage payment guarantee via e-Wages; a weekly rest day; e-complaints application for workers to make complaints online; and other welfare benefits as stated in the service contract.
However, one news portal, claiming to have sighted the MoU documents, reported that the wages must be credited into the workers' bank accounts not later than the seventh day of each month.
According to the MoU, the maids must be allowed to rest for at least 10 hours daily, including seven hours without any interruption. They must be compensated if they are required to work on their rest day.
The pact also allows each private employment agency in Malaysia to enter into agreements with not more than 10 registered Indonesian recruitment agencies. The Malaysian employment agencies are also required to hand over all service contracts to the Indonesian embassy in Kuala Lumpur for verification purposes.
The first time Malaysia signed an MoU with Indonesia to recruit maids was in 2006. The pact expired in 2011 and was renewed for another five years.
After it expired in 2016, the MoU on maid recruitment was not renewed as both countries could not reach an agreement following reports of Malaysian employers abusing their Indonesian domestic helpers.
RIGHT PLATFORM
Meanwhile, an international law expert at Universiti Kebangsaan Malaysia Prof Dr Salawati Mat Basir opined that the MoU between Malaysia and Indonesia is the right platform to protect Indonesian migrant workers and prevent them from being abused and neglected by their employers.
"Indonesia has made strides as a progressive nation, not like how it used to be before… now they are looking after the welfare of their workers in Malaysia," she said.
Salawati said even though some people have disputed the MoU's contents which they perceive as burdensome for employers, they should, nevertheless, respect the decision of the two governments to sign the agreement.
"The two countries (Indonesia and Malaysia) have already signed the MoU, so there's nothing more for us to dispute," she added.
Records up to February this year showed that about 58,438 Indonesian domestic helpers were working in Malaysia. As for the number of Indonesians working in other sectors, the plantation sector had 98,421; factories 67,217; construction (65,660); agriculture (43,953); and services (18,779).
International law expert at the International Islamic University Malaysia Prof Dr Mohd Yazid Zul Kepli concurred that the MoU was essential to protect the welfare of Indonesian domestic workers.
He said the use of a single-entry channel for Indonesian maids to enter Malaysia will indirectly allow the authorities to screen employers to identify those who are truly eligible to hire domestic helpers.
He said the implementation of this system will enable Malaysia to monitor migrant workers who enter the country legally and also help the nation to improve its ranking in the United States' Trafficking in Persons Report.
"The US Department of State had lowered Malaysia's ranking to Tier 3 in its Trafficking in Persons Report 2021 for not complying with the minimum standards that have been set to combat trafficking and for not showing any significant effort," he said. -- BERNAMA