“This article stands as a tribute to the brave domestic helpers, the unsung heroes among us - the quiet champions whose selflessness knows no bounds. Driven by hope, they crossed oceans and borders, leaving their loved ones and all familiar comforts behind to embark on a noble quest of securing a brighter future for themselves and those they hold dear. Their unwavering resilience, courage, and sacrifices serve as shining examples of strength in adversity.” - The Author, See Yi Vonne
For starters, what are domestic helpers?
Domestic helpers are individuals hired to manage various household duties, which may encompass tasks such as cooking, pet care, washing, ironing, cleaning, running errands, gardening, and more. They are typically sought after to assist busy households, families with young children or elderly members, or persons in need of support with daily tasks due to disability or illness.
Southeast Asia is renowned for its rich cultural diversity, breathtaking landscapes, and vibrant historical landmarks that draw countless visitors each year. Yet, beneath this facade of beauty and tranquility, lies a stark and troubling reality. In the quiet neighbourhoods and bustling urban centres, countless domestic helpers endure hidden abuses that often go unnoticed and unaddressed. A home with four walls is designed to be a sanctuary, providing safety and comfort not only to its inhabitants but also to guests who enter the premises. However, it remains incredibly perplexing how this gesture of kindness fails to extend to domestic helpers who diligently work for an honest living by attending to the needs of the employer’s family. These individuals, predominantly women from impoverished backgrounds, form the backbone of countless households across the region. Yet, they endure a myriad of exploitation, abuse, and injustice. Therefore, the aim of this article is to shed light on this issue, bringing it out of the shadows and into the light of public awareness and scrutiny.
According to a factsheet by the United Nations Women, Asia hosts the largest portion of the world’s domestic workers, accounting for 40.8% of the known 52.6 million domestic workers globally. Within Asia, there are an estimated 21.5 million domestic workers. This staggering figure highlights the significance of domestic work in the region's socio-economic landscape. Despite their critical role, these workers often find themselves in precarious situations, facing low wages, long working hours, limited freedom, and sometimes, physical and psychological abuse. The vulnerability of these domestic helpers is exacerbated by the lack of legal protections and oversight in many Southeast Asian countries, where labour laws frequently exclude domestic workers or offer them minimal safeguards.
Real-life examples of abuse and suffering among domestic helpers are both harrowing and heart-wrenching. In Singapore, a domestic helper named Piang Ngaih Don was pronounced dead on 26th July 2016 due to cerebral hypoxia, otherwise known as the deprivation of oxygen to the brain, and severe blunt trauma to her neck. At just 22 years old, Piang left her home country of Myanmar, her young son and her family to come to Singapore in pursuit of a higher income to support them back home. Upon arriving in Singapore, Piang was employed by Gaiyathiri Murugayan. During this time, Piang was slapped, kicked, pushed, drenched in cold water, burned with an iron, choked, and pulled by the hair whenever her employer or other family members felt that Piang was being disobedient. If that wasn’t enough, Piang was further deprived of food, water, and adequate rest. Prior to Piang’s passing, she was tied to the window grills, stomped on, and kicked for having stolen food from the refrigerator. Piang eventually succumbed to her injuries at the young age of 24, just two years after starting her employment.
Now, let's take a closer look at home, specifically on the island of Penang. Adelina Lisao, aged 15, falsified documents to represent herself as 21 years old in order to work as a domestic helper for her employer, Ambika M.A. Shan, and her family. During her employment, Adelina was abused to the point where she had a swollen face, bruises all over her body, and pus-filled wounds from burns inflicted on her arms and legs. As her wounds were left untreated, Adelina was instructed to sleep outside the premises of the house with the family’s dog to prevent “dirtying the home” with her wounds. On the day of 11th February 2018, Adelina unfortunately passed away at the hands of her employer due to organ failure.
It is truly unfathomable how the perpetrators of these heinous acts of crime never look like monsters, but rather like individuals you might randomly pass on the streets. Cases like these are just the tip of the iceberg, and there are many employers out there who engage in such abuse and exploitation, which have yet to be uncovered and brought to face the wrath of the law.
Moving on, let us now delve into whether there are sufficient laws in place to protect these domestic helpers against the often greater power held by their employers. Among the governing acts for employees in Malaysia is the Employment Act 1955, which outlines the rights of employees including payment of wages, working hours, annual leave entitlement, compensation for termination, and more. Similar to all employees in Malaysia, foreign workers are entitled to the protections provided under the Employment Act 1955. One protection afforded to domestic helpers can be seen under Section 59(1) of the Employment Act 1955, which states that every employee shall be allowed a rest of one whole day each week. Additionally, Section 60(1) of the aforementioned statute further solidifies Section 59(1) by stating that no employee shall be compelled to work on a rest day. Moreover, the Employment Act 1955 also provides protection in cases of Sexual Harassment under Section 81A, which outlines who can file a complaint and against whom the complaint can be made. The Employment Act 1955 appears to provide clear and comprehensive protections for employees regardless of local or foreign nationality.
While on the surface the Employment Act 1955 seems to offer adequate protection to domestic helpers, a closer look at the Act reveals loopholes and weaknesses that could be easily exploited. It is often reported that employers hold hostage the passports and mobile phones of domestic helpers to prevent them from running away or spending too much time talking to their relatives. This not only limits their contact with the outside world but also hinders them in emergency situations. Consequently, without documentation and a way to contact authorities in situations of abuse, these domestic helpers are left to endure the crimes of their employer on a daily basis with no means of escape. The Employment Act 1955’s failure to address these issues and deem them as unlawful has significantly contributed to the increasing abuse of domestic helpers. Hence, due to inadequate legal protections, some domestic helpers who suffer prolonged physical and emotional abuse may resort to drastic actions. For instance, in 2018, Zin Mar Nwe, after enduring months of being slapped and kicked, took matters into her own hands by stabbing her employer multiple times out of frustration. This incident highlights the severe challenges faced by domestic helpers in abusive environments. Not only that, but the Employment Act 1955 also fails to provide provisions specifically addressing the mistreatment of domestic helpers and employees in general. Without such crucial protections, employers are free to exploit and mistreat these workers with little fear of consequences. This oversight leaves domestic helpers particularly vulnerable, as they lack the legal recourse and knowledge to defend their rights and ensure fair treatment. Next, under Sections 81B, 81C, and 81D of the Employment Act 1955, employers are permitted to investigate complaints of sexual harassment. The essence of this law is to safeguard employees after they make a complaint, whether it’s against another employee or the employer themselves. However, allowing employers to investigate the validity of the claim contradicts the fundamental nature and purpose of the law. It could potentially expose domestic helpers to further physical abuse if their employer discovers they have lodged a complaint. Therefore, it is evident that the shortcomings of the Employment Act 1955 outweigh its strengths. Thus, to answer the question, the Employment Act 1955 does not offer sufficient legal protection to domestic helpers.
It is high time for Malaysia and other countries with a high number of domestic helpers to enact legislation that provides robust protection for these vulnerable individuals. Such laws should recognise the distinct working conditions of foreign domestic helpers, which differ significantly from those of regular local employees. By addressing their unique challenges, this legislation can ensure fair treatment, proper working hours, adequate rest, and protection from exploitation. For example, the law should mandate that employers seeking to hire domestic helpers undergo a comprehensive background check, including an assessment of their mental capacity. Besides that, upon arrival, domestic helpers should be required to undergo a mandatory week-long orientation course that details their rights and informs them of relevant authorities to contact in case of mistreatment. Moreover, cases of sexual harassment should be investigated by neutral parties, specifically from the social welfare department, and not by employers themselves. Lastly, stringent penalties should be clearly communicated to employers during the hiring process to deter abuse of domestic helpers. Therefore, by implementing such measures, the vulnerability of domestic helpers can be significantly reduced, ensuring they are better protected and empowered in their workplaces.
Ultimately, the hidden abuse of domestic helpers in Southeast Asia represents a profound human rights crisis that demands immediate and decisive action. Malaysia and other nations must urgently implement comprehensive legal protections and support systems for these vulnerable individuals. By doing so, we can begin to erase the tears of suffering and injustice endured by these individuals and strive towards a future where every domestic helper is not only protected but also acknowledged and respected for their vital contributions to our homes and communities.
As the true test of one’s character lies in how one treats their inferiors, let our collective actions illuminate a path of kindness and compassion for domestic helpers who have endured significant hardships. Each act of kindness, no matter how small, can restore hope in humanity. Together, we shall remain steadfast in our pursuit of justice, fiercely advocating for the dignity of the victims and honouring those who did not survive their torment.
WRITTEN BY: SEE YI VONNE
EDITED BY: ELAINE CHEE
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