(1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.
(1A) The Director General shall not entertain any representations under subsection (1) unless such representations are filed within sixty days of the dismissal:Provided that where a workman is dismissed with notice he may file a representation at any time during the period of such notice but not later than sixty days from the expiry thereof.
(2) Upon receipt of the representations the Director General shall take such steps as he may consider necessary or expedient so that an expeditious settlement thereof is arrived at; where the Director General is satisfied that there is no likelihood of the representations being settled, he shall notify the Minister accordingly.
(3) Upon receiving the notification of the Director General under subsection (2), the Minister may, if he thinks fit, refer the representations to the Court for an award.
KUALA LUMPUR: In Myanmar, US$850 (about RM2,900) is enough to sustain a person comfortably for a year, and that's what Zar Ni Swe from Yangon paid to an agent to get a job as a waitress in a restaurant in Malaysia.
But on Feb 15, the second day of the Chinese New Year, Ni Swe, along with 25 other Myanmar waiters and waitresses at Jogoya Restaurant in Kuala Lumpur, were given a week's notice that their services were no longer required.
This heart-breaking news was conveyed to them in a memo which gave no reason nor was it signed.
On top of that, the memo had more bad news — the first part dealt with Myanmar waiters who had savings, and the second part for those who didn't have money.
In the case of Ni Swe, she was asked to pay a RM450 levy to the restaurant, also a month's salary of RM150 as compensation for her "previous mistakes" (no matter whether she was at fault or not) and also immigration costs of RM150.
Those with no savings were told to work for another company until they paid their dues to get their passports back.
Ni Swe, who worked for almost four years, had the courage to ask the restaurant management why she and her countrymen and women were given a week's notice when it should have been a three months'. No satisfactory answer was given.
Allegedly too, the restaurant had not paid their February salary.
What followed were frantic attempts to seek help from their agents in Myanmar ("We cannot help") and Malaysia ("We can't help too"), embassy of Myanmar ("Call your agents"), the Human Rights Commission of Malaysia or Suhakam ("Wait for labour office to investigate"), police ("Call your agents") and the Federal Territory Labour Department ("Give us some time to investigate").
The hostel where Ni Swe and another 69 Myanmars were staying were also in deplorable condition.
The hostel is a four-storey building at Jalan Changkat Thamby Dollah. The restaurant and storeroom are on the first floor, the male Myanmar workers live on the second floor and the females live on the third floor.
With so many cramped inside each living room, the air is stuffy. With limited number of fans, the environment is perpetually hot, humid and uncomfortable and it's hard to imagine how anyone can have a peace of mind under such conditions.
The staircase is cluttered with personal stuff that could not be accommodated in their living space. The walls of the staircase are also stained by urine.
Each worker is provided a thin mattress and they sleep on double-deckers. - Malay Mail, 15/3/2010, Myanmar workers laid off without notice