English - CEDAW Southeast Asia

CEDAW and the Law:
Recommendation: The Law on Guest Workers must also prohibit explicitly: (a)
contract substitution or alteration; (b) keeping the travel documents of the guest
worker; (c) furnishing or publishing any false information or document in relation to
recruitment or employment; (d) failure to immediately reimburse the applicant guest
worker where deployment does not take place; (e) recruiting or sending guest workers
abroad without a licence; (f) forcing or intimidating guest workers to stay abroad (in
addition to the means identified in Article 7(10) of the Law on Guest Workers); and (g)
sending minors abroad for employment.
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The Law on Guest Workers provides for the procedures for licensing of enterprises
providing guest worker services (service enterprises). 526 It is suggested that, to ensure that
such enterprises are authorized to conduct such a business, the licence must at all times be
displayed clearly in the place of business. All materials issued, disseminated and published by
the enterprises must cite the licence number of the enterprises. MOLISA, as the state
management agency for overseas migration, must keep a list of all licensed enterprises and
make this available to the public on reasonable request to check on the status of the
enterprises. Such a list must also contain updates on lost or renewal or licences, violations or
breaches, etc..
Recommendation: It must be stipulated in legal documents that the licence
issued to enterprises authorizing them to engage in the business of overseas migration
must at all times be displayed clearly in the place of business. All materials issued,
disseminated and published by the enterprises must cite the licence number of the
enterprises. MOLISA, as the state management agency for overseas migration, must
keep a list of all licensed enterprises and make this available to the public upon
reasonable request.
Article 22 of the Law on Guest Workers requires that service enterprises pay a deposit
to be used by the State agencies to deal with problems arising from the enterprises’ failure to
perform their obligations in sending workers abroad. It is also suggested that the deposit be
used to guarantee claims arising from non-performance of employer’s obligation. This means
that service enterprises are obligated to choose employers well, and places the risk on them
instead of on the guest worker. This option is better because the service enterprises are in a
better position to demand compliance. To guard itself, the service enterprises can require a
performance deposit from employers to ensure their compliance with the labour contract.
Recommendation: In relation to Article 22 of the Law on Guest Workers, it is
recommended that the deposit be also used to guarantee claims arising from nonperformance
of employer’s obligation.
In Article 66 of the Law on Guest Workers, an overseas employment support fund is set
up aimed at developing and expanding foreign labour markets, raising the quality of the
workforce and supporting workers and enterprises in handling risk. It is unclear from the
provision what the specific uses of the fund are. It is suggested that the fund prioritize the
welfare of guest workers in relation to dealing with risks; and, as such, it should provide
medical and health insurance for guest workers and their dependents, maternity coverage,
travel insurance, and other welfare assistance. It should also provide for emergency
repatriation - for example, in cases of war, epidemics, natural disasters, etc. - without prejudice
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Law on Guest Workers, Articles 8-15
Review of key legal documents and compliance with CEDAW