The story of Jaya – quiz

Jaya is a young Nepalese girl. She works in Malaysia in a company through a temporary employment agency. She signed a contract before leaving her country with an agency and signed another one with the company when she arrived in Malaysia. This contract is in a language she does not know.

She works an average of 80 to 100 hours a week. She volunteers to work overtime every day of the week. Jaya is very happy to be able to pay off the debts she incurred to migrate to Malaysia. These debts are equivalent to one year's salary. She doesn't manage her bank account and doesn't have her passport, but that doesn't bother her because she came to work and earn money. In any case, she cannot communicate because she does not speak the language of the country. Jaya feels that she is well treated by her employer. She can leave the factory after work.

From the RHSF experience

Good answer!

Jaya's consent is not valid because it does not understand the content of the contract in the host country. She is therefore totally dependent on the good faith of the employer. To ensure that her consent is free and informed, her contract must be in the language of each party.

Jaya's consent is not valid because she does not understand the content of the contract in the host country. She is therefore totally dependent on the good faith of the employer. To ensure that her consent is free and informed, her contract must be in the language of each party.

Good answer!

To be free to move around and be treated like an adult, Jaya should be in possession of her identity papers and be able to freely dispose of her money. As it stands, Jaya is completely dependent on her employer.

No, to be free to move around and be treated like an adult, Jaya should be in possession of her identity papers and be able to freely dispose of her money. As it stands, Jaya is completely dependent on her employer.

Good answer!

Jaya is indeed forced to work overtime because if she doesn't, she won't be able to repay the abusive debts she has contracted with the recruitment agency. 

Actually, Jaya is forced to work overtime because if she doesn't, she won't be able to repay the abusive debts she has contracted with the recruitment agency. 

Good answer!

 Jaya is indeed in a situation of forced labour. To determine if a person is in a situation of forced labour, you have to ask yourself 4 questions:

  • Is the consent free and informed?
  • Is he or she forced to work under these conditions?
  • Is he or she free to move and treated as an adult in all aspects of his or her life?
  • Is he or she isolated? 

In light of these questions, we are led to conclude that Jaya is in a situation of forced labour. 

Jaya is in a situation of forced labour. To determine if a person is in a situation of forced labour, you have to ask yourself 4 questions:

  • Is the consent free and informed?
  • Is he or she forced to work under these conditions?
  • Is he or she free to move and treated as an adult in all aspects of his or her life?
  • Is he or she isolated? 

In light of these questions, we are led to conclude that Jaya is in a situation of forced labour.