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(En)gendering the Pitfalls of Legislation and Rise of Domestic Workers:
the power line is the poverty line is the basis for undiue discrimination
and exploitation
by AMY LIM (Member of the Working Committee 2)
Foreign domestic workers (FDWs) are clearly on the rise in Singapore. There
is an estimated number of 140 000 FDWs – a staggering quantity comprising
about 10% of the foreign labour. These FDWs come from countries such as Thailand,
Philippines, Indonesia and Sri Lanka. Unsurprisingly, the allure of the strong
Singapore dollar has attracted many of our counterparts from less developed
countries to seek work here in the hopes of securing better prospects back home.
The reasons for coming here might just be purely economic, or stemming from
simple reasons such as aspirations of alleviating the financial burdens of their
loved ones back home.
Look around
you and you will realise that the cultural landscape of Singapore no longer
comprises the neatly delineated categories of Indian, Malay, European and Chinese.
The flows of human traffic have been opened up via the channels of technology,
pumping up the global network of human labour. Indeed, it would not be unusual
to catch sight of your friendly FDW engaged in various activities, making up
part of the ever-changing societal landscape of Singapore. Encounters with your
friendly FDW would be a thing of the norm – oftentimes, they would be
washing the cars of their respective employers in the wee hours of the morning
or fetching the children of their employers from school in the afternoons. The
Orchard Road area in particular, has become a favourite haunt of theirs on Sundays.
Indubitably, they have become part and parcel of our daily lives – affecting
us both directly and indirectly as they start developing ties with Singaporeans.
Within the next 10 or 20 years, the domestic policies which shape and influence
our lives will have to take into account the challenges posed by this influx
of foreign domestic workers. As we become increasingly dependent on foreign
labour as a result of the vision to shape Singapore into a bustling entrepolis;
we will realise that a lack of involvement with the issues of our neighbouring
countries will need to be overturned as we evolve into a society that generates
increased integration and interaction with foreign labour. We can no longer
claim to be immune to the problems and welfare of our neighbours.
Many employers bear with them the burden of having to cope with a fast pace
of life – as work in the office occupies most of their time, many of them
do not have the time or energy to deal with domestic chores. The increased affluence
of each household also entails a corresponding desire to be involved in leisure
activities – formerly a luxury which only the monetarily-empowered could
afford. The increased affluence of each household, when pegged to the economies
of neighbouring countries (where the FDWs usually come from), means that the
average middle-class household in Singapore would be able to afford the $200-400
salaries of FDWs without much financial constraint.
Factoring into the rise of FDWs: women in the workforce
As women
have become increasingly involved in the workforce, the income of each household
has subsequently been doubled. Correspondingly, the roles of women as primary
caretakers of children and housework have started to fade in importance. To-date,
women are still deemed to be “in charge” of domestic affairs such
as cleaning the house and cooking food. Although most women involved in the
workforce have been alleviated of housework to a certain extent by the presence
of FDWs, they still have to cope with the supervision of their FDWs at home.
This is in line with the entrenched notion of females as being naturally predisposed
towards such activities. Not surprisingly, women with the dual responsibilities
of childcare and career have found it difficult to find the time and patience
to give proper guidance to FDWs who are usually still in the process of getting
used to the brand new environment and fast-paced lifestyle. Many reports of
abuse have involved female employers who simply could not cope with the demands
of work in the office and the problems caused by domestic workers at home.
This might seem controversial as it implies that there is a cause and effect
quality to the nature of the problem – that the problem stems from the
fact that women have started entering the workforce and are no longer confined
to household duties. However, one should be careful not to leap to the conclusion
that the only solution to the problem would be to curb women from entering the
workforce. Neither should one attribute the high incidence of abuse by female
employers to a single cause. Rather, one should perhaps re-examine the inadequacies
in the current structure to cope with the problems and conflicts encountered
between employers and domestic workers. The problem is a non-gendered one with
a not so coincidental gender slant (which has, perhaps, been engendered through
centuries of matriarchal hegemony in the household).
With that in mind, I have taken to the task of interviewing a female employer
who has been hiring domestic workers for the past 20 years. This female employer
(in her late 40s) lives in a fairly large household with a large number of family
members. However, she does not belong to the category of female employers who
are working. Notably, she would be a person who has had daily contact with domestic
workers and thus would be more helpful in providing accurate information for
my discussion.
Interview with a female employer
Mrs.W (anonymous), who has employed up to six maids, ranging from Filipinos,
Indonesians and Thais, shared her experiences with me in a phone interview.
Amy Lim: Do you think that maids from the varying cultural backgrounds
are different? As in, does the nationality of the maid differ vastly when
it comes to employer satisfaction?
Mrs W:
No, it doesn’t make a difference, the important thing is the personality
of each individual maid and their personal attitudes that make the difference.
AL: Have you encountered any bad experiences?
Mrs.W: Yes, some of them try to be difficult, try to get out of important
duties and talk back at you.
AL: What sort of basic expectations do you have of your maid? What makes
a good maid in your opinion?
Mrs.W: As long as they do their duties obediently and behave themselves.
I let them have their off days when they request for it.
AL: Do you know about the current guidelines about taking days off?
Mrs.W: Yes, for the Filipinos it’s about once a month, but for
the Indonesians and Thais they have no legitimate off day written into
their contracts.
AL: So how often do you give your maids a day off?
Mrs. W: I give it to them when they ask for it – usually about
once or twice a month or even more, even for Indonesians and Thais.
AL: Would you like to share a particular bad experience? Did the maids
start having affairs, etc.?
Mrs. W: Yes, there was an Indonesian maid who looked the timid and quiet
sort who had an affair. There was one occasion when I caught her letting
a man into the house. They were actually in my living room when I caught
them. I sacked her the next day and she didn’t even ask why. She
knew very well that she had done something wrong. She betrayed my trust.
Then there was a Filipino who shoplifted. I paid for her fine and deducted
the cost from her salary.
AL: Do you know if employment agencies train the maids before they get
them employed with employers?
Mrs. W: The maids whom I hired were mostly inexperienced. Even when they
were experienced, I had to re-train them because every household is different.
I had to do most of the teaching and guidance myself. Those who are very
experienced tend to have attitude problems and display arrogant behaviour
and make demands.
AL: How much on average do you spend on hiring a maid?
Mrs. W: I don’t really keep track of the exact amount. The maid
eats whatever I eat. However, I have learnt not to give them a pay rise.
The maids who get a pay rise eventually become very cocky and start making
demands. There was one maid who was with me for some time, but she wanted
to go back to the Philippines, so I offered her $500 a month. Then she
demanded a day off every week. I said no, and she quit.
AL: Do you know if the maids here have support groups?
Mrs. W: I have no idea, usually the maids just get to know each other
from the neighbourhood. There was one maid who left because she got to
know my neighbour’s maid and she was offered employment elsewhere. |
From the material gathered from the interview, I would conclude that in general,
Mrs. W could be perceived as a reasonable employer. However, some of the problems
appeared to have arisen as a result of a lack of personal engagement with the
maid. Employers have had the tendency to not pay any attention to the personal
well-being of the maids. Little or no attempt has also been made to understand
their cultures or lifestyles. In general, employers might be too busy with their
daily activities to be able to spend time with the maid and address her needs.
This is a somewhat natural if not unavoidable problem. However employers must
realise that if effort is made on their part to get to know the maids better,
the attitudes of the maids themselves would change. In Mrs.W’s case, she
pretty much required her maids to attend to their scope of duties, but was also
often disappointed when they started to demand for days off and/or attempted
to get out of work, which they were supposed to do. The current remedy or probable
solution would be proper education about the maid’s scope of duties (which
must be laid out explicitly and clearly to avoid abuse). Such information would
best be disseminated to both employers and the maids themselves so as to avoid
confusion. There has to be some form of standardisation of the scope of duties
for all maids.
Inadequacies in current legislation
The problem
stems from inadequate legislative measures to help alleviate pressure on employers
to “manage” their maids in such a way that it demands too much of
their time. One example drawn from research efforts showed that even employers
themselves are often in a quandary as to how to approach certain areas where
legislation had failed to protect their rights. One interviewee, Mr.Quek, a
single father with two boys, stated that his maid left him after two weeks without
fulfilling the stipulated time period in their initial contracts. He had called
up the Ministry of Manpower (MOM) and discovered that there were no rules protecting
his rights as an employer unless a complaint was filed directly to the Work
Permit Department.
The maid agencies themselves sometimes do not provide adequate information
to potential employers about the character and work experience of the maid.
In cases such as Mr.Quek’s, transfer from one employer to the next does
not implicate the agency in any breach of contractual agreement. This probably
implies that maid agencies do not suffer any monetary loss during the transitional
period whereby a maid switches employers. However, this means there is also
some risk involved when an employer hires a maid (as with any other form of
employment); however the problem lies in the fact that employers still have
to pay for the time invested in searching for a maid, teaching her the ropes,
and consequently, bear the cost of the maid levy even when the maid does not
abide by the minimum time period stipulated in the contract.
Employers also have to wait patiently for a replacement from the same agency
as they would not be able to retrieve the agency fee which they paid should
they wish to discontinue engaging its services. This creates a problem for employers
who are sincerely in need of a person to handle household duties, but have no
choice but to abide by the terms of a particular maid agency, as there is no
legislation as such to standardise contracts made between individual agencies
and employers.
Maid agencies as mediators
Most maid agencies perform the function of a mediator between employers and
their foreign domestic workers. They perform several functions at one go –
sometimes to the extent of providing “counselling” to domestic workers
who call them. When employers and their domestic workers are in conflict, agencies
may sometimes have to take action against employers who do not provide sufficient
food or allow sufficient rest, or even in cases where domestic workers encounter
abuse and have their salaries deducted or delayed unnecessarily. This probably
means that a large majority of maid agencies are ill-equipped with professional
know-how and counselling expertise to deal with problems of domestic workers
should they occur.
Errant practices: exploitation and abuse
A Straits Times article
dated 30th August 2002, “Raise age limit to 21? Maids could always lie”
presented a scope of varying perspectives obtained from employers and agencies.
A spate of cases involving maid abuse prompted Ministers of Parliament (MPs)
to suggest raising the minimum age of domestic workers from 18 to 21. The rationale
behind this is that older domestic workers would have higher awareness of their
rights and have higher capacities for protecting themselves against abuse. More
often than not, young maids tend to be more submissive and thus more susceptible
to abuse. There have been cases when maids were used by exploitative maid agents
to handle the agents’ own household chores while the maids were in the
care of the agencies. So far, there have been no preventive measures set up
to control the activities of maid agencies and their respective treatment of
the maids during training sessions or during transitional periods whereby maids
are under the care of the agencies while waiting for employers to hire them.
As such, the maid agencies wield too much control over the maids’ well-being.
An employer also shared her experience involving other problems with labour
legislation. Apparently some agencies have offered a zero-fee service to prospective
employers. This implied that employers would not have been charged a single
cent because this cost would be borne by the maid when the agencies deduct the
cost from her salary. Another article “Get maids to sleepwalk” (Today,
14th June 2003) claimed that some agencies went as far as promoting “packages”
in which maids could be hired for a salary of only $20 per month. This would
mean that no fees would be involved in such cases when a maid is “packaged”
for the consumption of the employer. The costs of employment are “buffered”
through deductions in the maids’ salaries – a scheme devised by
agencies in an attempt to remain competitive in view of the glut of agencies
that have sprung up over the recent years. This is of course done at the discretion
of the agencies and the deduction is done without the proper consent of the
maids themselves. Could you imagine yourself in a situation whereby your employer
deducted your salary without a proper explanation until your paycheck arrives
(that is, if it arrives at all)? On top of them, do you expect an average person
(irregardless of nationality, age or gender) to survive on a pittance of $20
per month? This would not even be adequate to cover a week’s transportation
fees!
Maids are humans too
We must of course,
come to realise that foreign domestic workers, are human beings who need emotional
fulfilment and financial security for the sakes of their psychological well-being
just like any one of us. Afterall, what have they done to deserve such mistreatment
– simply accrued to the fact that they come from impoverished backgrounds
and are “different” from us in fundamental ways? We should in fact
applaud their tremendous grit and courage to leave their native homelands in
order to alleviate the financial burdens of their loved ones. In a world whereby
we come to view ourselves as being enmeshed in an increasingly transglobal network
of social ties, we could no longer “play dead” to the sufferings
of others who have become part and parcel of our societal landscape. Clearly,
more needs to be done to move legislation, ensuring that domestic workers be
treated with the basic dignity that they are intrinsically predisposed to and
deserve as a fundamental right.
Who is to be held responsible, afterall, when maids encounter abuse right in
our very own homes? What are the measures that have been enforced to ensure
that domestic workers have adequate support networks to depend on? What have
the authorities done to curb the dependence on FDWs besides using monetary measures
such as the maid levy to deter such reliance? Perhaps, by foregrounding the
recognition that domestic workers are human beings with complex desires and
emotional and psychological needs, authorities would recognise that a re-examination
of current support structures has been sorely lacking or ignore the issues which
have surfaced as a result of legislative inadequacies – at their own peril.
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