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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 57. The Committee last examined this case, which concerns the denial of freedom of association rights to migrant workers, including domestic workers, in law and in practice, at its October 2015 meeting [see 376th Report, paras 72–75]. On that occasion, the Committee reiterated its recommendation that the Government urgently take the necessary measures, including legislative, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. It urged the Government once again to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights.
- 58. In a communication dated 21 February 2017, the Government states that Malaysian legislation allows domestic workers, including contract workers (local and foreign) to join a union. The Government also indicates that to defend their interests, these workers can use an existing union like Persatuan Agensi Pembantu Rumah Asing (PAPA) or the Malaysia National Association of Employment Agencies (PIKAP) as their platform to seek justice. The Government further states that it gave full support towards developing the “Guidelines and Tips for Employers of Foreign Domestic Helpers”, in collaboration with the ILO and the tripartite constituents. These Guidelines provide a set of principles as a way of creating decent work in domestic workers’ working environment. In addition, the Government indicates that the Malaysian Trade Union Congress (MTUC) has established the Migrant Resource Centre to assist and give support to workers needing legal advice, such as those in specific sectors, including domestic workers. Its purpose is to provide workers with support services through information dissemination, counselling, legal assistance, skills training, access to trade unions and migrant associations and to facilitate links to government assistance.
- 59. The Committee takes note of the above information provided by the Government, including of the activities carried out in collaboration with the ILO and by the Migrant Resource Centre of the MTUC. However, it notes that while the Government indicates that workers can use existing unions in order to defend their interests, the organizations referred to by the Government in this respect are associations of employment agencies (the Malaysian Association of Foreign Maid Agencies (PAPA) and the Malaysia National Association of Employment Agencies (PIKAP)).
- 60. The Committee is bound to express its deep regret that despite its previous recommendations, no legislation or policy has been adopted to allow domestic workers to form and join organizations for the defence of their occupational interests, nor has the association of migrant domestic workers been registered. The Committee is therefore obliged to reiterate its recommendation that the Government urgently take the necessary measures, including legislative, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. The Committee once again invites the Government to avail itself of the technical assistance of the Office in this respect. It further once again urges the Government to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights. The Committee requests the Government to keep it informed of all steps taken in relation to the rights of migrant domestic workers to form and join organizations for the defence of their occupational interests.
