CSOs also found cases of women migrant workers working
in the hotel and hospitality sector whose earnings depend
upon tips and the commission received from the items sold
under their supervision.
7
No
regular
wage
6
Promises of payments that
are not fulfilled
Employers promise workers that the payment of statutory
dues would be made later, the workers trust their word, and
continue to work for the employer. However, the payment is
delayed beyond the period of one year,and thus the worker
loses the chance to claim the amount as it would be timebarred after one year from the last day of employment.
Leave is availed by workers in some companies once
in two years. Employers were noted to have
calculated leave entitlement without taking into
consideration the duration of leave periods although
the earned leave period should be treated as working
days.
9
Payment of
indemnity
periodically
8
Calculation of
leave
entitlement
The indemnity is required to be calculated on the last
salary. Some employers pay indemnity at the end of every
two years. This results in the worker being paid a lower
amount than what he would have been entitled to, especially
in cases where there are salary increases over the years.
10
Termination and
deportation
The services of the worker may be terminated, and they may be deported at any time.
Employer accountability in settling statutory dues of the worker before they leave the
country is rarely emphasized nor and monitored. The worker may also not have time,
knowledge, or capability to find a lawyer and issue a power of attorney (PoA) before
they leave the country so that the claim could be pursued in his absence. After leaving
the country, issuing a PoA is a time-consuming and arduous process. Where the claim
amount is “small”, lawyers are reluctant to take up the case.