3.1.2. Employment Contracts Prohibit Relationships, Marriages and Pregnancy

Several participants shared that employment contracts expressly forbid sexual relationships, marriages, and pregnancy. This medical practitioner explained that while both men and women are expected to be celibate, women are especially vulnerable because of the possibility of pregnancy.

*"Most of the migrant workers, especially the women, when they sign up agreements [employment contracts] with their companies, they are not allowed to get pregnant or be sexually active [throughout employment]. A lot of women have come to me and say, 'My boss shouldn't know this!' Because you are not allowed to have sex. It doesn't make sense! You are staying in this country for two years or more, and you are not allowed to have sex? Men and women are the same. But for the men, you don't see much consequences because they don't get pregnant! They don't have to worry about getting pregnant! Women have a more vulnerable position because they fear they will get pregnant." MD-12 CSO*

The immediate termination from employment is a direct consequence of pregnancy. This stakeholder informed that this practice, while legal, is inherently discriminatory against women.

*"Migrant workers who are pregnant, they lose their job almost immediately. So, these are some of the concerns that people are afraid of* . . . *In terms of why is there a discriminative practice? If the woman is pregnant, you automatically lose the job. That is questionable." IO-2*

3.1.3. Prohibiting Pregnancy Forces Women to Become Undocumented

Unlike expatriates from a professional, managerial, or highly skilled technical backgrounds, less skilled migrant workers are not allowed to bring family members or to get married in Malaysia in policy. This participant explains that this denial of the right to family results in unregistered marriages among non-citizens.

*"Reproductive rights, it is actually a basic of human right. You cannot say that [when] you come here, only the expatriate can have the family, non-expatriate cannot. This is human nature, you know? They got married, but they are not allowed to get married here. That is why there is a lot of 'nikah bawah tanah' [underground*/*unregistered marriages], so they get their own 'imam' [priest]* . . . *" IO-1*

Participants explained that migrant women who are pregnant and opt to keep their babies are driven to become undocumented migrants. This medical practitioner expresses surprise that many migrant women opt to deliver their babies in Malaysia despite the severe consequences.

*"They will automatically be illegal migrants, because the moment they are pregnant, they will lose their visa and if they lose their visa, they become illegal migrants. But somehow, many of them do deliver locally." MD-9 PRIVATE GP*
