Joint Statement On New Measures For Well-being Of Migrant Domestic Workers
20 August 2021
We are encouraged by the recent measures that have been announced to ensure the well-being of migrant domestic workers (MDWs). These are important steps that will reduce instances of MDW abuse. At the same time, we must recognise that live-in domestic workers are inherently vulnerable to exploitation and abuse; they are prone to isolation, and may lack means to seek help. A robust set of laws and strict enforcement is needed to ensure that MDWs have safe living and working environments. In this spirit, while we welcome the recently announced measures, we also hope to see more concrete measures put in place to ensure the safety of MDWs, in the form of the following recommendations:
Increased frequency of mandatory rest days
Rest days are a basic labour right. For live-in MDWs, rest days provide physical and mental respite from their work. For those in abusive situations, rest days are an avenue to seek help. We have observed that without mandatory rest days, MDWs may agree to forgo most, or all of their rest days during contract negotiations, due to the power imbalance that exists between employers and employment agencies on the one hand, and MDWs on the other. In response to a parliamentary question last year, the Ministry of Manpower (MOM) reported that about 20% of MDWs agree to forgo all their rest days in lieu of compensation. Further, we find that many MDWs lack rest days when they are paying off their recruitment fees during the first few months of their employment. Thus, while a monthly mandatory rest day is a good first step in the right direction, we hope to see the law eventually ensuring a mandatory weekly rest day for MDWs. After all, the Employment of Foreign Manpower Act requires MDWs to be given one rest day per week - we should normalise and enforce this entitlement, rather than making the payment of rest day compensation, the default practice. Given the long runway for the implementation of the monthly mandatory rest day in end-2022, we hope that sufficient alternative household and caregiving arrangements can be made available for employers such that MDWs are given a mandatory weekly rest day.
Alternative care arrangements
Research has found that MDWs are increasingly relied upon to provide care (particularly eldercare), as hiring a MDW is significantly cheaper than engaging formal caregiving services. Underutilisation of other care services, usually due to high cost, mean that most families continue to rely on MDWs to provide almost round-the-clock care, resulting in overwork and an inability to take rest days. Ensuring that alternative caregiving services are affordable and accessible will make it easier for MDWs to access rest days.
Duration of a rest day
The duration of a rest day should be defined in the law as 24 consecutive hours. The lack of a definition of a rest day causes many MDWs to work during their rest days, without compensation. Defining a rest day as 24 consecutive hours will entrench the notion that any work done during a rest day has to be compensated, and will provide clarity on when the MDW’s right to a mandatory rest day has been breached.
Enforcement of mandatory rest days
MDWs who are not given the mandatory rest day should be allowed to change employers, and those who are assisting MOM with investigations on potential rest day breaches should be placed on the Temporary Job Scheme, which will allow them to seek alternative employment. There should be strict and consistent enforcement of any breach of mandatory rest days, to underscore the importance of this right.
Access to mobile phones
From our observations, many MDWs who are subject to abuse also do not have access to mobile phones, in addition to having no rest days. Even with the introduction of mandatory rest days, MDWs who do not have mobile phones will not be able to report employment breaches and abusive conditions, and seek help in a timely manner. To allow MDWs to seek timely help, we hope to see regulations where MDWs are guaranteed access to their mobile phones during meal times, rest times, and after work hours, be implemented.
6ME checks
With the new measures, doctors will be required to check for “suspicious and unexplained” injuries. Interviews with MDWs who are potential victims of abuse should be done in a safe and caring manner. We note that more recent announcements have stated that medical examinations will be done in the absence of employers, and that home-based examinations will be disallowed, which are welcome moves. Reports to the authorities should be made after explaining to the MDW the investigative process (for which doctors should receive training), and after informing the MDW. Doctors can refer such MDWs to NGOs who can provide advice and counselling services.
Checks on MDWs
We note that there are plans to increase the number of interviews and check on MDWs by the Centre for Domestic Employees and employment agencies. All interviews with MDWs should be carried out in a safe environment, away from their employers, where they can speak freely. All MDWs who do not have employment agencies should be interviewed more frequently, as they lack the support that agencies are able to provide. Checks by employment agencies should also be done throughout the course of their employment, as cases of severe abuse are often borne out of escalating behaviour, and employment agencies should be provided the support and resources to do so.
Right to switch employers freely
Currently, MDWs are required to obtain consent from their employers if they wish to switch employers. MDWs' lack of labour mobility, and fear of being repatriated, may make them reluctant to report abusive situations, particularly if they still have outstanding recruitment fees. MDWs should have the right to switch employers freely, with clearly defined notice periods that employers and employees are to abide by.
Signatories:
Humanitarian Organization for Migration Economics (HOME)
Association of Women for Action and Research (AWARE)
Sayur Story
Maid for More
Migrant Writers of Singapore
SG Mental Health Matters
Welcome in my Backyard (WIMBY)
A Good Space
Migrant Workers Singapore
Singapore Climate Rally (SGCR)
Transient Workers Count Too (TWC2)
Cover image: The Straits Times