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Until 15th September 2006, there was no standard employment contract
that was acceptable to everybody. While the new standard contract
launched by the two Accrediting Bodies AEAS and Casetrust on is not
perfect, it is a step in the right direction. Employment agencies
may not modify it and introduce clauses that are loaded against the
FDW.
It is fair to both parties. The best contract is useless unless the parties to it, the employer and the maid, are sincere and do intend to honour the terms. Assuming that they are, then at least the contract should specify, clearly, the duties of the maid as well as the duties of the employer, as in the new Standard Contract.
For example, in the Standard Contract the salary is clearly and
unequivocably spelt out. Likewise the rest days, etc. Similarly the
amount of placement fee charged to the maid should be clearly stated
as in the Standard Contract.
In this contract the duties are clearly spelt out, in the form of a
"Job Scope", which indicates the number of persons in the household
the Foreign Domestic Worker is employed to work for. It would be
manifestly unfair to the maid for the employer to name four family
members and then require her to do the laundry and cook for half a
dozen boarders, pick up after them or do the laundry for unmarried
siblings not elsewhere mentioned.
If the employer entertains often she should say so in the offer of employment. It is not enough to say she needs a first class cook, but to actually specify cooking for guests as one the domestic worker's duties.
Although an employment contract is generally expected to last two
years, there are occasions when one party wants out. If the maid
wants out it would not do for the employer to force her to stay. An
unhappy maid is an unproductive maid, sometimes worse. So the
employment contract should deal with this. Can one really trust an
unhappy maid to take good care of one's pride and joy, the children?
An unhappy maid can disrupt the serenity of one's home; a resentful
maid may simply walk out. This can be stressful for the employer.
Until the issue is resolved, she has to attend to the housework and
childcare herself, meanwhile using up her leave. Will the issue be
resolved in two days, two weeks or two months?
As the Employment Act does not cover the employment of domestic
workers, the notice for terminating a contract should be clearly
spelt out and in all fairness should be applicable to both
parties. For example, if the maid is required to give notice to
terminate the contract, then the employer should also be
required to do likewise.
The prospective employer of an FDW should download a copy of the
Employment Contract and compare it with the one being used by the
agency it is dealing with, just to be sure there are no changes to
the original which was approved by the two accrediting bodies.
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