STANDARD EMPLOYMENT CONTRACT FOR FOREIGN DOMESTIC WORKERS IN MALAYSIA:

A REVIEW

By

Amalia binti Mohd Suhaimi (2007144001) Anis Sofia bte Ab. Rahman (2007144011)

Asniza binti Abd. Aziz (2007144027) Siti Hawa binti Ahmad Aani (2007143999) Zamriah Zarifah binti Aris (2007144033)

Submitted in partial fulfillment of the requirements for the Bachelor in Legal Studies (Hons)

Universiti Teknologi MARA Faculty of Law

April 2010

The students/authors confirm that the work submitted is their own and that appropriate credit has been given where reference has been made to the work of others.

ACKNOWLEDGEMENT

In the name of God, the Compassionate,

the Merciful, Praise to God,

the Lord of the Universe and may the Blessing

And Peace of God be upon his Messenger

Of first importance, is our thank to God, our constant Guide, who has shown us

that even in moments of despair, faith and efforts will prevail over any

hardships thrown our way.

So many people helped and inspired us in the completion of this research that it

would be impossible to adequately thank them all.

To our supervisor, Puan Mazlina Mahali, for her guidance during this research,

her perpetual energy and enthusiasm in this research had motivated all his

advisees. In addition, she was always accessible and willing to help her students

with their research. As a result, research life became smooth and rewarding for

us. Her wide knowledge and her logical way of thinking have been of great

value for us. Her understanding, encouraging and personal guidance have

provided a good basis for the present project.

Our sincerest appreciation to Assoc. Prof. Norha Abu Hanifah, our previous

lecturer for her detailed and constructive comments, and for her important

support throughout this work.

A huge appreciation to Puan Siti Hafsyah Idris, for her patience and kind advice

during the process of completing this research. Without her sharp but otherwise

pinpoint criticisms, this research would not have even take place.

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ABSTRACT

This research analyzed the loopholes in the Employment Contract of Foreign Domestic Workers by the Immigration Department of Malaysia and to give recommendations in regards to the loopholes in the contract. The first chapter goes into the essence and structure of the research. All the necessary conceptual features are introduced to ensure readers' understanding. The second chapter focused on the content of the Employment Contract which was analyzed by the Researcher. In the third chapter the Researcher pointed out some relevant issues of Foreign Domestic Workers' which consist of maid abuse, enforcement of the Employment Contract between Employer and Foreign Domestic Worker as well as the benefit protection on Foreign Domestic Workers. The fourth chapter analysed on the findings based on the interviews conducted. Our research concludes with the proposal to amend the Employment Contract and some other recommendations to improve the Employment Contract as well as the law in regards to Foreign Domestic Workers.

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TABLE OF CONTENTS

Acknowledgement ii

Abstract iv

Table of Contents v

Table of Legislations xi

CHAPTER ONE: INTRODUCTION

1.0 Problem Statement 1

1.2 Research Methodology 4

1.2.1 Library Based 4

1.2.2 Internet Based 5

1.2.3 Interview 5

1.3 Research Scope and Limitations 5

1.3.1 Time 5

1.3.2 Limited to Loopholes in the Employment Contract by Immigration Department of Malaysia 6

1.3.3 Limited to Foreign Domestic Workers jfrom Indonesia 6

1.4 Research Significance 6

1.4.1 Foreign Domestic Worker 6

1.4.2 Employer 6

1.4.3 Government 7

1.4.4 Academic 7

1.4.5 Industry - Private Agency 7

1.5 Conceptual Features 7

1.5.1 Employment Act 1955 7

1.5.2 Employment Contract 7

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1.5.3 Employer 8

1.5.4 Employee Provident Fund (EPF) 8

1.5.5 Fomema Sdn Bhd 8

1.5.6 Foreign Employee 9

1.5.7 Home Management 9

1.5.8 Household Duties 9

1.5.9 Immigration Department of Malaysia 9

1.5.10 Maid Agency 10

1.5.11 Persatuan Agensi Pembantu Rumah Asing Malaysia (PAPA) 10

1.5.12 Social Security Organization (SOCSO) 11

1.5.13 Workmen's Compensation Act 1952 11

1.5.14 Tenaganita 12

1.5.15 United Nations High Commissioner for Refugees (UNHCR) 12

1.6 Concluding Remarks 12

CHAPTER TWO: EMPLOYMENT CONTRACT FOR FOREIGN DOMESTIC WORKERS IN MALAYSIA

2.0 Introduction 13

2.1 Legal Process to Employ a Foreign Domestic Worker 13

2.1.1 Immigration Department in Malaysia 13

2.1.2 Maid Agencies 14

2.2 The Standard Employment Contract 15

2.2.1 Qualification of Employer 16

2.2.2 Qualification of Foreign Domestic Worker 18

2.3 Additional Requirements 19

2.4 Conditions under the Employment Contract 23

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