International Domestic Workers Day Statement
16 June 2020
More than 260,000 migrant workers, mostly women, are employed as migrant domestic workers (MDWs) in Singapore. They carry out household and caregiving duties, and ensure that our society and economy continue to function.
However, both globally and locally, the spotlight on domestic work is dim due to the belief that domestic workers do not deserve the respect and economic value accorded to other professions. Their work remains largely invisible and unregulated. In Singapore, evidence that their work is thought of as informal and undervalued, manifests in various forms.
MDWs are excluded from the Employment Act, Singapore’s main labour law, and are thus excluded from maximum working hours and minimum rest hours. According to the Employment of Foreign Manpower Act, MDWs should be given adequate rest and food, and acceptable accommodation, with reference to the guidelines set by MOM. However, adequate rest is only possible if working hours are agreed upon, and adhered to. Based on our experience, we still see many MDWs who work more than 12 hours a day, with minimal breaks during the day.
MDWs sometimes accept poor sleeping arrangements, and end up paying for their own food to supplement their inadequate meals due to the lack of bargaining power with their employers and fear of losing their jobs, should they make complaints.
The onset of Covid-19 and the circuit breaker measures in Singapore have exacerbated these well-being issues. We have previously mentioned that we have seen an increase in calls to our helpline during this period, accompanied by complaints of overwork, verbal abuse, restrictions of mobile phone usage and increased isolation. During Phase 1 of Singapore’s post circuit-breaker existence, in which MDWs have been asked to remain at home, these issues have remained.
Indeed, the well-being of MDWs often depends on the benevolence of employers. But MDWs deserve not only kindness, but also rights and protection under the law that are consistently enforced.
In June 2011, the International Labour Organisation (ILO) adopted the Convention on Decent Work for Domestic Workers. This treaty requires signatory countries to guarantee domestic workers the same rights as other workers on daily and weekly rest periods, working hours, overtime compensation, paid annual leave, as well as adequate protection against violence.
More than 20 countries have ratified the treaty, and many more have adopted labour-law reforms to protect domestic workers better.
Singapore, whose MDW population is the second-highest in Asia, is lagging behind in conferring labour protections to them. It has not ratified the treaty, and progress to strengthen laws protecting MDWs has been slow. In contrast, other countries in the region such as Hong Kong have minimum-wage laws that apply to domestic workers, and workers can organise themselves into unions, assert their rights and form collectives.
It is time we apply the values of justice, equality and respect for labour rights to domestic work. We urge the Singapore Government to ratify ILO’s Convention on Decent Work for Domestic Workers and guarantee equal protection to its MDWs, particularly in the form of the following recommendations:
Extend the Employment Act to MDWs so that basic labour rights for MDWs, such as working hours and overtime pay, are regulated. Including MDWs under the Employment Act also entrenches the notion that domestic work is formal work, by giving MDWs the legal protections that are given to other categories of workers.
Define the duration of a rest day as 24 hours: To allow for their mental and physical recuperation, MDWs are entitled to a weekly rest day. However, rest days are not defined as being 24 hours, which leads to many MDWs doing some work on their rest days without pay.
Impose a minimum wage for MDWs: The Singapore government does not prescribe a mandatory minimum wage for any workers. While some embassies here have set recommended minimum wages for their citizens working as MDWs, these wage rates are not legally enforceable. The lack of enforceable minimum wage guidelines leave MDWs vulnerable to long-term economic exploitation, where their wages remain depressed and do not reflect increased costs of living. Depressed wages and higher migration costs also lead to increased debt burdens and longer loan repayment periods. It can also result in MDWs forgoing rest days in lieu of financial compensation in order to earn a higher monthly wage.
Moving towards a zero recruitment fees model: MDWs paying large sums for their overseas placements in the form of many months of salary deductions by employers. The indebtedness of migrant workers in Singapore is a significant factor in their acceptance of dehumanising working and living conditions.
Live-out options: All MDWs in Singapore are required to live with their employers. However, this arrangement effectively allows them to be worked around the clock. The live-in nature of domestic work also makes them inherently more vulnerable to exploitation and abuse. Live out options allow MDWs to receive adequate rest. It also facilitates the enforcement of the Employment Act as it is easier to determine overtime pay and limit working hours. Allowing MDWs to live out also reduces the surveillance and communication restrictions that they are sometimes subject to by their employers.
The right to switch employers freely: Currently, MDWs are reliant on their employers’ consent in order to switch employers. Meanwhile, employers are able to unilaterally dismiss and repatriate a domestic worker without giving any prior notice. MDWs’ deportability and the constraints on labour mobility are fundamental factors influencing MDWs’ decisions to stay in highly exploitative situations and to not report abuses and violations. MDWs should be given the freedom to switch employers with clearly defined notice periods.
We wish all our MDW friends a Happy International Domestic Workers’ Day!