Response to new rules for transferring MDWs

21 May 2020

We have published a letter to the Forum on the recent new rules for transferring MDWs, which can be accessed here. We set out below our longer response on the matter, including recommendations on how we can improve labour mobility for MDWs.

We refer to the new MOM measures on transfers for migrant domestic workers (MDWs). 

We appreciate measures that go towards facilitating the transfers of MDWs to other employers. Currently, employers are given the unilateral right to determine when the employment of an MDW will come to an end, without giving any prior notice. MDWs are reliant on their employers’ consent in order to switch employers. 

While these new measures may incentivise some employers to give their MDWs the opportunity to transfer employers, we note that their primary effect is to alleviate the financial responsibility of upkeep and repatriation for employers who no longer wish to employ their MDWs. 

The fundamental issue of MDWs having no authority over their employment status, remains. The changes proposed by MOM retain the right for employers to terminate their MDWs, with no regard to the MDW’s choice as to whether she wishes to leave the employment, or to give notice to the MDW. Since the onset of circuit breaker measures, HOME has had increased encounters with MDWs who do not wish to be terminated as they are uncertain whether they will find new employment, and well as with those who wish to transfer employers due to their inability to cope with their living and working conditions, but are not allowed to do so for a variety of reasons, one of which is the employer’s uncertainty as to when they will be able to get another MDW. 

The new measures do not address these concerns. They give the employer the choice to terminate their MDWs with the assurance that they do not have to pay for the MDWs' upkeep and repatriation, if the employment agency (EA) has cancelled the MDW’s work permit for the employer. We may see more instances of employers authorising their EAs to cancel their MDWs’ work permit and ending the MDWs’ employment. Even if the basis of termination is unfair, EAs are likely to accede to employers’ requests as they form their customer base. In HOME’s experience, when there are issues arising between employers and MDWs, there is a tendency for EAs to support the employers, usually to the detriment of the MDW.  

MDWs are also only given 14 days to secure a new employer, once the EA takes over the management of the MDW. In our experience, 14 days is too short a time period for MDWs to secure new employment. There may also be circumstances where an EA compels an MDW to take up employment that she does not wish to, so that the EA does not continue to incur upkeep costs, bearing in mind that currently, travel restrictions around the region make it difficult for MDWs to be repatriated. 

In other words, as we give employers and EAs more power to determine the fate of MDWs’ livelihoods, the same power is not given to MDWs to control their own circumstances. The power imbalance between MDWs on the one hand, and employers and EAs on the other, remains entrenched.

The right for an MDW to switch employers is currently given under very limited circumstances (for example, when the MDW is assisting the authorities in investigations). We should move towards establishing the right for MDWs to switch employers freely, with clearly defined notice periods that employers and MDWs are to abide by. As a start, MDWs who have finished their contracts should be allowed to look for alternative employment without their employers’ consent. This will effectively help them to negotiate their salary commensurate with their experience and skill sets.  Lack of labour mobility for MDWs is a fundamental factor in influencing MDWs to stay in exploitative working conditions and to not report abuses and violations. The freedom of MDWs to terminate their employment and change employers without their current employer or EA’s permission is fundamental to the improvement of MDW’s overall well-being. 

We have also received feedback about the difficulty in getting approvals for work permit applications for MDWs who wish to be employed by certain categories of employers. If true, this ultimately makes it difficult for transfers to be effected. An effective solution for the facilitation of transfers would be for MOM to facilitate the approval for work permit applications for all MDWs who are looking to transfer employers.

It is also unclear how long the advisories and measures are valid. It will be useful for MOM to announce clear timelines as to the duration of these measures so that MDWs, agents and employers are aware of their rights and obligations under the law, and so that other stakeholders, such as non-governmental organisations, can provide accurate advice to all parties.