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Bangkok Post
Bangkok Post
National
PENCHAN CHAROENSUTHIPAN

Call to guard domestic workers' rights

Labour advocacy groups are calling on the government to better protect the rights and welfare of migrant domestic workers in the light of Myanmar's rule barring its citizens from getting jobs in other countries as home workers.

Poonsap Tulaphan, manager of Homenet Thailand, who advocates for home workers, said Myanmar in particular does not allow its people to be employed as home workers under the memorandum of understanding (MoU) system.

As a result, Ms Poonsap said some home workers from Myanmar falsely report their job type as construction, making their employment status illegal and putting themselves at risk.

By doing so, these domestic workers are putting themselves at risk of extortion by authorities as well as slavery and exploitation as they are unable to turn to the legal system for assistance.

While it is not clearly known why Myanmar does not allow its citizens to seek jobs abroad as domestic workers, migrant labour advocates believe a lack of effective measures to protect migrant domestic workers is a likely reason.

Adisorn Kerdmongkol, who represents a network of non-governmental organisations working with migrant workers, said domestic workers are under-protected despite labour protection laws and related regulations.

Currently, domestic workers are not protected under section 33 of the social security law even though the Labour Ministry has issued regulations to ensure protection.

The section involves protection in case they fall ill or suffer injuries at work.

However, labour officials cannot inspect the working conditions of home workers.

Under the ministry's regulations, issued in line with the labour protection law, domestic workers, Thai and migrant, are eligible to receive one day off per week and overtime payment if they work extra hours.

Moreover, they are also entitled to a minimum of 13 special holidays including Labour Day and six leave days per year.

Mr Adisorn said labour authorities face difficulties in inspecting the working conditions of this group of workers. Without permission from the house owners, officials cannot enter the premises.

He also pointed out that domestic workers are usually perceived as unskilled labour, which may explain why some foreign governments do not encourage their citizens to seek employment in domestic roles.

Working in other sectors is more rewarding in terms of skill development, he said.

However, he said if authorities ensure that the domestic workers' rights and benefits are better protected and seek to raise their potential and skills, foreign governments may have a change of heart about their current rules regarding their their citizens taking such roles.

"Domestic help is important, especially in the city. Domestic workers do need to have certain skills to meet their employers' expectations. If we work together to promote labour standards and social protection, this kind of work will be accepted," he said.

A source at the Department of Employment said Myanmar authorities have agreed to process nationality verification for all Myanmar workers holding "pink cards" and newly-registered workers including domestic workers.

The migrant workers who complete the verification process will then receive a Certificate of Identity (CI) which is necessary for a visa application and work permit.

The source also said while the Laos government does not impose an outright ban, it does not encourage its people to seek jobs aboard as domestic workers.

According to the source, Thai labour authorities avoid the term "domestic labour" and instead used "private employment in households".

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