Tuesday, March 20, 2007

Term and Condition

Terms and Conditions agreement :-

The agent is to supply a housemaid (hereinafter referred to as “the Maid”) to the Employer and the Employer is to accept the maid at a consideration of Ringgit Malaysia Five Thousand Only (RM5,000.00).

The contract between the Employer and the Maid is for a period of 24 calendar month of which the first year levy, working visa and other related incidental cost thereof is to be paid by the Agent and subsequently for the second year is to be fully borne by the Employer.It’s the employer’s obligation to take up domestic insurance coverage for their maid as advised by the local Ministry.

The consideration as is in para 1 above is to be paid in the following manner :-

a. To pay a sum of RM2,000.00 to the Agent upon booking (West Malaysia) / (East Malaysia)

b. To pay a further sum of RM1,700.00 to the agent upon approval of maid working
visa by the Malaysia Immigration Department. (West Malaysia)

c. The remaining balance of RM855.00 is to be paid to the Agent upon satisfactory
issuance of the working visa and before the maid is to be delivered to the Employer

The consideration as stated in para 1 inclusive of all cost pertaining to the employment of the maid by the Employer such as the passport, medical,transportation,lodging while in transit ,food etc and this cost is to be fully borne by Employer.

Upon acceptance of the booking fee as in para 2 (a) above by the agent, the agent is to send medical report and photocopy of the maid passport to the Employer within one (1) month (exclude Hari Raya festive season) to facilitate the Employer in the application of working visa from the Immigration Department in the state where the Employer has its residential address or if the Agent is to apply the working visa for the maid on behalf of the Employer ,the Employer has obligation to provide the Agent with all the necessary documents as required by the Immigration Department to facilitate the application of the working visa within two (2) weeks(East Malaysia) upon handling over of the Maid to the Employer failing which the Employer has to bear all the necessary expenses in relation to the renewal of the maid’s social visit pass from the Immigration Department inclusive of the transportation cost and other related cost therewith.

Upon approval of the working visa by the Immigration Department, the Employer has the strict obligation to inform the Agent of the approval and to deliver the original approval letter and receipt of proof of payment immediately to the Agent to facilitate the process of getting working visa for the maid in the country as state in the approval letter or if the Agent is to apply the working visa for the maid on behalf of the Employer the Agent will inform the Employer of the approval and send the Maid to the country as stated in the approval letter by the Immigration Department to get the Maid’s working visa issued or the Employer may opt to get the working visa done in Malaysia itself by further paying an additional sum of RM445.00 to the Agent to be paid to the Immigration Department.

The maid is to be delivered to the Employer only upon satisfactory issuance of the working visa by the Consulate as states in the said approval letter from the Immigration Department.

For Employers who are in East Malaysia, it is the Employer’s contractual obligation to pay a minimum monthly salary of RM300.00 to the maid and for those who are in West Malaysia ,it is the Employer’s contractual obligation and to pay a minimum monthly salary of RM450.00 to the maid and on top of this the Employer is to provide enough food ,convenient lodging and to send the maids for sufficient medical treatment (if any).

Further to para 8 above ,the Employer (West Malaysia) is only allowed to do maid’s salary deduction up to two (2) months to cover the employer’s cost of recruiting the maid.The employer is not to cause any physical or emotional harms to the Maid and to treat the maid fairly while under service with the Employer and to provide a fair and free essential toiletries supply and free medical treatment to the maid should she is sick and of poor health condition and no deduction is allowed from the maid’s monthly salary.

To provide free air ticket or bus fares to the maid upon completion of the two (2) year contract to the ports of origin .

Termination clause and compensation :-

The monthly remuneration is to be paid as a agreed as per para 8 above and in the event that the Employer failed to adhere to the agreement ,the agent has the right to terminate the agreement and to take back the maid and forfeiting whatever consideration that has been paid by the Employer to the Agent and/ or remuneration that has been paid to the Maid.

Should the Maid abscond before the expiry of the four (4) months warranty period ,the Agent will either replace another maid or to refund the consideration that has been paid by to the Agent by the Employer after taking into accounts of the administrative cost that has been incurred in procuring the maid and the transportation cost in replacing with a new maid.

This agreement is to be terminate in the event as per stated in para 9 above the Employer has the obligation to surrender the maid to the Agent and all monies paid shall be forfeited without prejudice to other necessary legal action to be taken against the Employer .In even the maid has completed her contract with the employer, it’s the employer obligation to surrender the maid back to the agent for the process sending back the maid ports of origin.