PROTECTION FROM LONG WORKING HOURS AND NO REST DAYS FOR FOREIGN DOMESTIC WORKERS IN MALAYSIA

Abstract

The increase of economic growth in Malaysia since the 1970s coupled with the reluctance of Malaysians to perform certain jobs categorized as ‘3D jobs’ (ie dirty, difficult, and dangerous) created a demand for cheap labour. This ushered in a greater influx of migrant workers into the country including foreign domestic workers (‘FDWs’) who have become common-place in many households in Malaysia. Unfortunately, this phenomenon has coincided with a relaxed policy on labour laws to attract foreign investment leading to rampant abuse and exploitation of migrant workers including FDWs in Malaysia. FDWs in Malaysia are extremely vulnerable and are at greater risk to ill treatment by their employers and recruitment agencies due to many different factors such as poverty, limited career opportunities in their home countries, poor educational background, lack of access to legal expertise, and the very nature of their work which is generally conducted out of public view. Abuses against FDWs range from deception, excessive fees, non-payment of wages, illegal deductions, verbal abuse, physical or even sexual abuse. One particular form of abuse that has been understated is the excessive working hours and no rest days which FDWs around the globe, including in Malaysia, suffer from. This article seeks to highlight the problems faced by FDWs in Malaysia with regard to excessive working hours and no rest days, specifically the unfair discrimination which FDWs are subjected to due to their exclusion from labour protections under the Employment Act 1955. This paper will explore the constitutionality of the First Schedule to the Employment Act 1955 which specifically excludes FDWs from Part
XII (Rest Days, Hours of Work, Holidays and Other Conditions of Service). Next, this paper will explore other viable protections including international conventions or treaties that Malaysia has ratified which could be utilized to protect FDWs from long working hours and no rest days. Finally, this paper will examine the challenges to access to justice faced by FDWs in Malaysia.