All workers entitled to Minimum Wages, that is Basic Wages - if employers can deduct levy, allowances, etc - Workers lose

It is a grave injustice when migrant workers are made to pay back to their employers the levy that they had to pay the government to employ a foreign worker - and not a local worker. Remember, the rationale for the levy imposition was to discourage employers hiring foreign workers...Previously, employers were deducting wages of workers to recover their expenses in bringing in migrant workers - then as of 1/4/2009, the Malaysian government put a stop to this practice especially with regards to levy. Now, we are back to a state of injustice.

They work under the same working conditions - BUT now they will not be getting the same for their work for they may get the same minimum wage BUT then there will be further deductions from their wages, when there are no such deductions for local workers.Remember, this not the first of this additional deductions - the Malaysian government already shifted the obligation for most migrant workers from their employers when they forced the migrant worker to pay that foreign workers’ hospitalisation and surgical insurance scheme in 2011. After all, is it not always the obligation of employers to pay for the hospitalisation and surgery more so when it happens at the workplace, or is related to employment.

If the Malaysian government is concerned about employers financial obligations in paying minimum wages, then just do away with the LEVY or reduce the LEVY... or reduce the other fees that employers have to pay in running their business. Do not make workers bear the burden

See also:-Foreign workers will now have to pay levy as in 1992 - a great injustice for workers

January 30, 2013 21:14 PM

Foreign Workers To Bear Levy Payment With Immediate Effect

KUALA LUMPUR, Jan 30 (Bernama) -- The Cabinet today decided that payment of foreign worker levy should be fully borne by the worker, and not the employer, with immediate effect.

In a statement, the finance ministry said the 1992 levy policy would be re-imposed on new foreign workers or when they renewed their work, study or visit permits.

"The move by the government in imposing the levy on foreign workers will not burden them as the levy rate is between RM34.16 and RM54.16, as compared to the hike in their wages of between RM300 to RM500 a month," it said.

According to the statement, since April 2009, the government had decided that the payment of foreign worker levy was fully borne by the employer to keep a check on the employment of too many foreign workers.

Nonetheless, since the RM900 minimum monthly wage policy in Peninsular Malaysia and RM800 in Sabah and Sarawak became effective on Jan 1, it has been getting brickbats from several parties.

Among them were the Malaysian Employers Federation and the Malaysian Trades Union Congress which claimed that foreign workers were now receiving better wages under the minimum wage policy, and should therefore, pay the levy themselves.

The collection of levy was introduced in 1992, to off-set the huge expenditure undertaken by the government for public amenities such as clinics, roads and other services enjoyed by both foreign workers and local residents.

-- BERNAMA, 30/1/2013,  Foreign Workers To Bear Levy Payment With Immediate Effect

Cabinet: Foreign workers to pay levy instead of employers with immediate effect

PUTRAJAYA: The Cabinet decided on Wednesday that foreign workers should pay the levy instead of employers.

The decision is to be enforced with immediate effect on new foreign workers and those who wish to renew their work pass, employment pass or temporary work visit pass.

The move is to alleviate the hiring cost for employers, said Finance Minister II Datuk Seri Ahmad Husni Hanadzlah.

“The minimum wage, which came into force this year has raised the salary for all workers on an average of between 30% and 50%, or from RM600- RM700 per month to RM900 monthly.

“The Government's move to impose a levy on foreign workers will not be a burden to them as the levy paid is between RM34.16 and RM154.16 per month as compared to a salary increase of between RM300 to RM500 per month,” Ahmad Husni said in a statement Wednesday.

The collection of levy for foreign workers was introduced in 1992 and was fully borne by the workers until 2009 when the Government decided to shift the levy burden to employers.

The 2009 decision was aimed at controlling the increase in the number of foreign workers in the country at that time.- Star, 30/1/2013, Cabinet: Foreign workers to pay levy instead of employers with immediate effect

Published: Thursday January 10, 2013 MYT 6:28:00 PM

MTUC: Don't give in to employers' demand on foreign workers levy

PETALING JAYA: The MTUC has called on the government not to bow to the demands of employers to revert the policy of levy payment for foreign workers.

Since 2009, employers had been paying the levy for their foreign workers, but now the Malaysian Employers Federation (MEF) wants to shift this burden of levy payment back to the workers.

The MEF's rationale was that the workers would be earning more, with the implementation of minimum wage policy and hence, could afford to pay the levy.

The minimum wage policy of RM900 monthly for Peninsular and RM800 for Sabah and Sarawak, came to effect on Jan 1.

MTUC president Khalid Atan begged to differ, saying that the employers should not confuse minimum wage with increased wage.

He told Bernama that if workers were asked to pay the levy, the minimum wages policy would not benefit them at all, as whatever little increase in salary they enjoyed, would be wiped out with the levy payment.

According to MEF executive director Shamsuddin Bardan, the employers forked out an annual RM2.5bil in levy payment.

He estimated that the minimum wages policy implemented effective this month, would cost employers another RM8.5bil per year.

He pointed out that with such huge payout, it would be appreciated if the government could ease the burden of employers and asked the workers to pay their own levy.

Khalid, however, felt that employers could afford to absorb the levy with their increased income due to the economic boom.

On the provision of free accommodation, transportation, medical, electricity and water to foreign workers, he said this was part and parcel of the terms and conditions of employing foreigners.

As a result, employers should abide by it, and should not deduct the cost of these perks from the employee's salary, he said. - Star, 10/1/2013, MTUC: Don't give in to employers' demand on foreign workers levy

Thursday April 16, 2009 MYT 4:09:00 PM

Employers can deduct levy from wages, again

KUALA LUMPUR: Employers are now allowed, again, to deduct the cost of the levy from the wages of the their foreign workers until the expiry of their present visas, Labour Director-General Datuk Ismail Abdul Rahim said Thursday.

Employers had been stopped from making that deduction from April 1. Making them bear the cost made them unhappy as it upset their budget.

The directive was, therefore, reversed by the Human Resources Minister Datuk S. Subramaniam Thursday following numerous appeals by employers, Ismail told Bernama.

However, Ismail explained that no deduction would be allowed for new employees registered after April 1 in line with the government's policy requiring employers from all sectors to bear the full cost of the levy from that cutoff date.

The rationale behind getting employers to bear the levy was to discourage them from employing foreigners, he said.

Nevertheless, Ismail hoped the new decision would lessen the burden of employers during this economic downturn.

Meanwhile, the Immigration Department has yet to implement the new levy rates for foreign workers in the manufacturing and services sectors because it had not been gazetted by the Home Ministry.

The new levy was doubled for workers in these two sectors from RM1,800 to RM3,600 a year.

Immigration Director-General Datuk Mahmood Adam told Bernama that the department expected to implement the new rates by May 1.

However, Bernama understands that the delay in gazetting the new rates was due to the numerous protests and appeals by employers from the affected sectors.

In fact the Indian Muslim Restaurant Owners Association had threatened to increase the price of Malaysian favourites, roti canai and teh tarik, if the new rates were implemented.

Meanwhile, the Malaysian Employers Federation executive director Shamsuddin Bardan welcomed the Human Resources Ministry's decision to allow employers to deduct the levy from the workers wages, saying this was a step in the right direction.

“This decision would greatly benefit employers who had thousands of foreign workers on their payroll.”

He hoped the government would review the proposed new levy rate and maintain the existing one at least until the economy improved.

"This will give some breathing space for employers and help them to put back their businesses on a stronger footing," he said. - Bernama- Star, 16/4/2009, Employers can deduct levy from wages, again

Foreign workers will now have to pay levy as in 1992 - a great injustice for workers

The rationale behind getting employers to bear the levy was to discourage them from employing foreigners.... - Bernama, - Star, 16/4/2009

On 1/4/2009, the Malaysian government firmly put a stop on employers recovering levy they paid to bring in and employ migrant workers from migrant workers through wage deductions. 

But, now it seems that they have yet again changed their minds... allowing employers to recover the levy from migrant workers. Why? Because employers did not want to comply with the Minimum Wage Order to pay all workers a minimum wage of RM900-00....

 Is the Malaysian government concerned about Malaysian workers at all? For now, they freed employers from paying levy themselves. So, employers will again be freed from the 'market forces' that will benefit workers - market forces that would effectively cause just increases in wages that will benefit local workers.

The preference of migrant workers is also because they can be very easily exploited by the employer. Terminate them wroingfully, don't pay wages or cheat them of their overtime - and the migrant worker effectively has no recourse to justice. If they file a complaint at the Labour Department or the Industrial Relations Department or their cases are pending, the Malaysian government just cancels their work permit/pass having total disregard to justice... and the migrants have to leave the country. End result, employers that cheat them or wrongfully terminate them get off scott-free - they cannot do this to Malaysian workers. 

Thanks to what this BN cabinet do, they have not only discriminated against migrant workers - but also has weakened the prospect of Malaysian workers getting better wages and working conditions. 

Was the Malaysian Trade Union Congress(MTUC) that represents all workers in Malaysia even consulted before the Cabinet made this decision? Were the migrant workers consulted? 

 Or, this just another "LISTEN...LISTEN...LISTEN TO ME..." kind of decision. People were not even aware that the government was considering such a move. Ultimately, what the government is doing is denying migrant workers minimum wages, is it not. (And employers will say, if that is the case better hire a foreign worker rather than a local worker?)

Foreign workers will now have to pay levy as in 1992

7:09PM Jan 30, 2013

The cabinet today decided that with immediate effect, foreign workers will now have to pay their levy fees, which was previously borne by their employers.

In a statement, Second Finance Minister Ahmad Husni Hanadzlah (left) said that the imposition of levy on foreign workers was first introduced in 1992, where it was imposed to finance public amenity-related projects like the construction of clinics, roads, and other services for Malaysians.

Beginning April 1, 2009, the government had decided that the levy for foreign workers is to be borne by the employers. This decision was made to control the influx of foreign workers at that time. Despite this, various efforts to improve on this matter were taken by the government through its six-point programme, with better management and control of the foreign workers.

Beginning Jan 1 of this year, Ahmad Husni said that the government has imposed the minimum wage onto foreign, as well as local workers, whose wages see an increase of between 30 to 50 percent of overall pay - that is, from RM600 to RM700 monthly wages, the total amount has now come up to RM900 a month.

"With its implementation, all workers will receive overtime, and they can receive between RM1,200 to RM1,500 a month," he added.

"To reduce the rising costs faced by employers, especially the small- and medium-sized industries, the cabinet today decided that the levy imposed on foreign workers in 1992, is to be enforced back, with the foreigners paying the levy instead.

"This policy is to be implemented with immediate effect for all new foreign workers, or those who are renewing their work permit or visitor's pass (temporary work)," he said in a statement.

Ahmad Husni added that the levy imposed would not be a burden to them as they are charged between RM34.16 and RM154.16 a month, compared to the rise of their monthly income which could be anywhere between RM300 to RM500 a month.- Malaysiakini, 30/1/2013, Foreign workers will now have to pay levy as in 1992

Malaysia overtakes Saudi Arabia by becoming country which most Nepali migrants workers died

 "...Malaysia has emerged as a new death bed for Nepali migrant workers leaving Saudi Arabia far behind..." this is embarrassing, and Malaysian government need to respond.. 

 Malaysia records most migrants death

Added At:  2013-01-21 10:26 PM

Last Updated At: 2013-01-21 10:26 PM

HIMALAYAN NEWS SERVICE

KATHMANDU: Malaysia has emerged as a new death bed for Nepali migrant workers leaving Saudi Arabia far behind.

About 113 Nepali migrant workers lost their lives in the destination in the last six months, according to Foreign Employment Promotion Board.

Last year Saudi Arabia claimed 85 lives followed by Qatar (73), the United Arab Emirates (22) and Kuwait (seven). About eight Nepali migrant workers died in the South Korea — the most lucrative job destination among the preferred foreign job markets in recent days.

About 324 Nepalis have lost their lives in current fiscal year but Malaysia topped the list with most deaths, said acting executive director at the board Girija Sharma.

“But the data is of the recorded legal migrant workers, who have applied for compensation,” she said, adding that there is no record of death of illegal migrant workers.

The board provides Rs 150,000 compensation to family of deceased migrant workers.

However, migration experts believe that annual death at the foreign land is double than the recorded data.

“We do not have mechanism to keep accounts of dead bodies entering country from Tribhuvan International Airport, which is a shame,” said migration expert Dr Ganesh Gurung.

About 3.5 million Nepalis are believed to be working in foreign lands but only 2.5 million are legal. Of the one million undocumented migrant workers, nearly 200,000 are women migrant workers mainly based in Gulf countries.

According to the board, about 108 Nepali migrant workers have died in accidents. Death of about 64 Nepalis remained undiscovered as they died while sleeping. Such deaths were widely known as ‘silent killer’ among Nepalis working in the Gulf countries.

Likewise, some 47 Nepalis dies naturally and some 35 committed suicide. About 51 migrant workers died in road accidents, whereas work related hazardous claimed six lives since mid-July 2012.

The board’s record revealed that Nepalis death in the foreign land has significantly increased in the last three years. According to the board, about 466 Nepalis died in foreign lands in the fiscal year 2010-11 and some 643 in a year back.- The Himalayan Times, 21/1/2013, Malaysia records most migrants death

chased,handcuffed, smeared with tumeric, beaten to death? Fearless Independent inquiry needed

What is needed is prompt independent investigations - and somehow the police themselves cannot do this especially when police officers are the alleged perpetrators...

Sadly, also is that many coroners, public servants,... even magistrates and judges are biased in favour of the authorities, governed by a mindset that the police can do no wrong ...or that if there was a wrong-doing, it was a 'reasonable' mistake - hence that kind of attitude affects their investigations, medical examinations, autopsies, decisions, judgments..

Things must change, and it is time for truth and justice to prevail. Let's realize that there are GOOD police and there are rotten apple - it does no good to protect the 'bad ones' or cover up actions that were not just legally, but also morally wrong. We need to 'clean up' the police,... Sometimes, when it comes to the police, 'fear' still plays a part in the minds of doctors, medical examiners and even coroners - and this must end. Be honest...be truthful.. just let the truth surface...

 See earlier post:-

 Again death in police hands - chased,handcuffed, smeared with tumeric, beaten to death...

Sugumar's family wants prompt second autopsy

Nigel Aw 12:53PM Jan 26, 2013

Unconvinced that 39-year-old Sugumar Chelliah had mysteriously dropped dead of a heart attack after being pursued by the police, his family is determined on a second autopsy to get to the truth.

When contacted, one of the family’s lawyers Latheefa Koya (right) said the family hopes to get the second autopsy done as soon as possible.

"We are definitely arranging a second post-mortem. We are looking for another hospital and a pathologist  who will be willing to do it. We are not sure when ... hopefully today," she said.

Latheefa added that the family was unconvinced with the first post-mortem by Serdang Hospital as the institution had a history of falsifying the post-mortem report as in the death-in-custody case of A Kugan.

In Sugumar's case, Serdang Hospital’s post-mortem concluded he died as a result of a blockage in heart and that no other injuries were found on his body.

Witnesses, however, claim that Sugumar, a security guard, was pursued by four police officers for damaging pubic property, and was subsequently handcuffed, his face smeared with turmeric powder  and  beaten to death  in which a mob joined in at Taman Pekaka, Hulu Langat.

Police cite witnesses denying beatings

In a report today, pro-government daily Utusan Malaysia quoted Selangor CID chief SAC Mohd Adnan Abdullah as saying that they had taken the statements of 11 witnesses, 10 of whom claimed that the alleged beating by the police did not take place.

"One more witness was a victim who had his head knocked by the suspect (Sugumar)," Utusan quoted Mohd Adnan saying.

In response, Latheefa pointed out there were at least three witnesses who had observed the incident but the police have yet to record their statements.

Asked if they will voluntarily come forward to the police, Latheefa said, "With this kind of pressure, I am not sure if they are willing to go on their own. But we will try to get their cooperation."

She also criticised the police for declaring their personnel innocence even before a thorough investigation has been conducted.

"It looks very biased, we can't rely on such an investigation. We demand that the inspector-general of police prepare an independent team instead of repeating that they (police) are innocent," she said.

‘Police foil report lodging’

She disputed the police’s explanation of Sugumar's death, pointing out they have yet to explain the traces of turmeric powder found on the victim’s face, allegedly smeared by one of their personnel.

Latheefa added that the family yesterday attempted to lodge a police report on the matter at the Kajang district police headquarters, but their efforts were frustrated.

"The police made an issue out of it, limiting the number of the people who could go into the police station, and the OCPD did not want to cooperate.

"It was probably because the officers involved are from the same district, but the family will lodge a police report soon at another location," she said.- Malaysiakini, 26/1/2013, Sugumar's family wants prompt second autopsy

25 plantation workers picket demanding direct employment

If you do not have regular employment until retirement, what happens? If you are on 'short-term employment contracts'. what happens when you get older, get pregnant - will anyone employ you then? If you have only one skill, rubber tapping for instance - will you be able to get any other employment? What about wage increments as you grow older... would 'short-term employment contracts' take that into consideration? ...anyway, here is a story of plantation workers fighting for their rights..

Kerja tetap sehingga persaraan - itulah yang diperlukan oleh pekerja bukan kerja 'kontrak' jangka pendek - yang tidak ada jaminan kerja apabila tempoh kontrak tamat.

Perhubungan kerja dengan majikan tuan punya ladang atau kilang - bukan 'outsourcing' di mana mereka kerja di kilang dan ladang tetapi tidak menjadi pekerja-employee kilang atau ladang - tetapi pekerja-employee pihak ketiga - 'contractor for labour'..

Pekerja ladang piket untuk hak mereka tetapi di mana kerajaan? Kerajaan bertanggungjawab untuk memastikan hak dan kebajikan semua pekerja dan keluarga mereka. Kerajaan tidak ada - kerana kerajaan kini tidak lagi prihatin kepada pekerja, dan polisi mereka yang telah menghancurkan hak pekerja untuk kerja tetap, hak untuk mempunyai perhubungan kerja terus dengan majikan tuan punya kilang atau ladang...

Ex-tappers' picket over unkept promises

Friday, January 18, 2013 - 17:36

by A. Sangeetha

by S. Arulldas

Location: 

GEORGE TOWN

Twenty five former estate workers picket in front of the estate owner Neoh Choo Ee & Co. Sdn Bhd's office to demand they be directly employed to work in the company's oil palm estate

THE implementation of the Minimum Wage Order has thrown 25 Ladang Lubok Sengintah workers into plain misery.

Some who have spent more than 25 years tapping in the rubber estate in Kedah, have been thrown into the deep end of unemployment, or expected to find other means of living.

Further frustrated by broken promises by their employers, the employees picketed in front of estate owner Neoh Choo Ee and Co Sdn Bhd's office in Lebuh Pantai today.

The group were spotted holding banners and placards to voice their grouses of injustice claiming that the company refused to absorb them as direct employees into its oil palm venture adjoining the now defunct 1,000-acre wide rubber estate.

They had pinned their hopes on a promise made by Plantation Agencies Sdn Bhd (PASB) director N. Jayaraman on Aug 7 that they would be directly employed in the new venture.

However, despite having served between five and 28 years as rubber tappers and general workers, they were told on Sept 1, 2012 that they would be hired as contract workers in the palm oil estate.

Single mother S.Vasanthi said she hopes the company would relent to their direct employment demand so that she can support her family with a better salary

"We refuse to be contract workers because we won't be able to sustain with the measly salary.

"The plantation is managed by PASB on behalf of Neoh Ee Choo and they promised us direct employment but now they have rescinded the offer. They also issued us eviction notices on July 30 and Dec 1 last year, but we have nowhere to go.

"We are estate workers and we don't know any other jobs. We don't have other places to call our home too,” said Rathnam Krishnan, 54, who was laid off tapping after 28 years of working in the estate near Kuala Ketil, Kedah.

Former rubber tapper Rathnam Krishnan, 54, said he has no house or skills apart from being an estate worker

The workers received compensations of between RM3,000 and RM15,000 after being told of the estate closure in July last year, said Kedah National Union of Plantation Workers secretary I. Santhanadass.

Speaking at the picket, he said the company is now compelled to pay the federal government's minimum wage of RM900 begining Jan 1 if they become direct employees.

"As contract workers, they would only receive a daily wage of about RM25 as oil palm harvesters and general workers. This will not do as they used to earn a monthly salary of RM650 with EPF and Socso benefits.

"However, the company would rather employ foreign workers for a reduced rate than absorb the 25 Malaysians who had served them faithfully.

"According to the law, a company can only employ foreign workers if there are no locals available for work. Here, you have locals but the company is trying to ignore the minimum wage policy by offering contract work," Santhanadass said.

S. Vasanthi, 48, is one of the 25.

A single mother of four, including a disabled child, the tapper said she would not be able to survive elsewhere because the estate job was all she knew.

"I received a compensation of RM10,000 after serving the estate for 23 years. How long do you think the money will last?

"I have to pay for my children's education, food and medical needs. I wish the company understood our plight better," she added.

On Dec 6, The Malay Mail frontpaged the plight of the estate workers after PASB and the company recanted their direct employment offer.

On Dec 11, their frustation of receiving contractual employment was also highlighted by this newspaper.

Batu Uban state assemblyman S. Raveentharan who appeared at the picket said the former workers must be given priority and questioned what the Human Resources Minister had done to solve the problem in the past six months.

"Minister Datuk Seri Dr S. Subramaniam must compel the company to absorb the workers and pay them the minimum wage salary of RM900.

"The 1Malaysia idea of minimum wage is a failure if companies can circumvent it by employing foreign workers," Raveentharan said.

Both PASB and Neoh Choo Ee declined comment on the issue. - Malay Mail, 18/1/2013, Ex-tappers' picket over unkept promises

 

No place to go, say estate families

Denied right to work, workers asked to leave to make way for foreigners

Thursday, December 06, 2012 - 12:22

Location: 

SUNGAI PETANI

IN A DILEMMA: The estate workers handing over the memorandum listing their problems to Thanenthiran

TWENTY-FIVE families at Ladang Segintah here have been issued with notices to vacate their houses within two weeks.

They have urged the Human Resources Ministry to intervene to resolve their problem.

Otherwise, they say they would end up camping by the roadside as they have nowhere to go.

The affected families said they were shocked when the estate management issued the notice on Dec 1, which ordered them to vacate the estate quarters within 14 days.

They claimed the management had brought in more than 35 foreign workers to replace them and denied locals' right to continue to work in the estate.

The families have been jobless since July 31, after the estate management terminated their services. They were paid between RM5,000 and RM15,000 as compensation.

“We have no place to go now as the families have been staying in the estate for generations. We also have no other skills other than working in the estate," said M. Saravanan, 40.

“Who is going to employ us without any skills? Our future and our children’s future are at stake — we hope the government will help.”
He said an officer from the ministry had met them and the management more than a month ago to resolve the matter.

However, they have yet to be informed of the decision taken.

The management claimed the workers' services were not needed as the rubber processing plant is being closed down and the rubber trees will be chopped down.

Malaysia Makkal Sakti party president Datuk R.S. Thanenthiran and National Union of Plantation Workers (NUPW) Kedah chairman K. Ganesan and its secretary I. Santhanadas visited the workers yesterday.

"Prime Minister Datuk Seri Najib Razak had said every Malaysian gets a job, a house and a decent living in Malaysia, however, actions of some private firms deter the government in implementing its policies," said Thanenthiran.

He said he had obtained an appointment with PM’s personal secretary to hand over the memorandum to resolve the workers problem.

He also asked Human Resources Minister Datuk Dr S. Subramaniam to look into the matter.

Santhanadas said the management is trying to avoid the government’s rule to implement the RM900 basic salary for the estate workers.

“The management could only bring in foreign workers if no locals are available, but in this case the management had terminated the locals and engaged foreigners. We want the government to act upon the management,” he said.

Attempts to contact the management for comments failed.- Malay Mail, 6/12/2012, No place to go, say estate families

What kind of MPs do we want? Loyal and Silent OR true peoples' representatives

Many want to become candidates in the coming General Elections, and we need to ask ourselves as to what kind of MPs and ADUNs do we want...

Pro-People, Pro-Justice OR Just Pro-Party or Pro-Party Leaders

Well, come elections we find that many are good in talking ...saying the things that people would like to hear...making this and that promises - but then after being elected, we find them going silent....BUT they are loyal to the leadership of their political party..

YES...they forget that they are peoples' representatives - and just become Party Representative - Not Wakil Rakyat But Wakil Party ... worse still is that some of these do not even speak up or champion justice - they just occupy their seats, and vote when needed. It seems that their ambition was just to become an MP or an ADUN. Recalling my student union days, this phenomena is really not new - there too, after election we only found a small number who really continued to work as student leaders...

Oh yes, some of these 'wakil rakyat' may be doing some work at their constituency...attending functions, shaking hands, etc - maybe even talking at this and that 'ceramahs' - but usually with new points but just a reiteration of points already made by the leadership of their parties. Sometimes, I wonder whether the blame should lie with party leadership, who after all had a say on who should be candidate - Did they consciously choose persons with no views of their own, no initiative to take up causes - with the most important criteria is that they are loyal to the leader/s not even their party? This culture was there in BN - and maybe it is also in the Opposition...

After the 2008 General Elections, the Opposition had so many MPs - BUT honestly, do you even remember their names? It is all too easy to forget when they remain 'silent' - and do not take up any issues or champion any cause and do not have any opinion. Did they disclose any new thing, new idea,....Did they raise any issue in Parliament? Did they argue strongly? How many motions did they table? 

How many PKR? PAS? DAP? MPs do you know who are vocal and who champion issues of justice and rights ... How many of them even have a BLOG or some means of communicating to their constituents and the people raising new concerns and issues? How many of them have regular meetings with their constituents to provide information to the people ... and who LISTENs to the peoples views and concerns or are they "LISTEN, LISTEN, LISTEN TO ME..." MPs...How many issue statements to highlight issues? Many of these sometimes are 'seen with party leaders' BUT that is important in Malaysia's political culture(a bad culture)...because ultimately it is the Party leadership that chooses them candidates... so stay close to the leader becomes a priority rather than being with the people...being a true and effective wakil rakyat...

I worry come the next General Elections, again similar kinds of candidates will be chosen by the party leadership - candidates with no voice or opinion of their own, candidates who will just 'LISTEN TO ME'(i.e. the Party Leaders) kind of cacandidates irrespective of the fact that their view,opinion and/or actions are wrong...and not good for the people or the country...

GIVE US GOOD CANDIDATES - PEOPLE WHO WILL BE ACTIVE IN PARLIAMENT - PEOPLE WHO WILL DO WORK...RAISE ISSUES AND CONCERNS - PEOPLE WHO WILL BE PRO-PEOPLE, PRO HUMAN RIGHTS AND JUSTICE, PRO-WORKERS AND TRADE UNIONS NOT JUST IN TALK BUT ALSO IN ACTION...

Many in Malaysia have just lost faith in MPs and ADUNs - they do not even waste their time expressing their opinions or concerns to these 'peoples' representatives' rather choosing to focus their attention to Prime Ministers, Chief Ministers, Menteri Besars and party leadership...and some MPs/ADUNs who have a track record of being vocal and fighting for the people..

Many workers...and trade unions struggling for recognition do not even waste time today with their ADUNs or their MPs - WHY? Because they see it as a waste of time... and even when they do, they get disappointed for the lack of support and solidarity coming from these 'peoples' reps'...  

Some MPs/ADUNs spend time attending funerals, weddings and other functions - go around doing a lot of 'hand shaking'...but that is all...they do not spend time or provide avenues for genuine dialogue with the people they represent. Many just have the attitude of "LISTEN, LISTEN, LISTEN TO ME..." 

In 2013, the people are wiser - they will not settle for such MPs and ADUNs...

YES, the many are driven by the desire to just end the Barisan Nasional (UMNO-led coalition) rule since Independence, and they will vote in anybody else to see this achieved. It is doubtful that many will vote in Opposition candidates just because they support them... 

DO NOT FORGET THAT THE PEOPLE ARE THE BOSSES - AND THEY EXPECT THOSE ELECTED TO TRULY REPRESENT THEM...NOT JUST BE A SILENT PARTY LOYALIST... 

  

Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia

A Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia.

Chou Bun Eng, secretary of state for the Ministry of Interior, who headed the delegation, said the inquiry found four types of violations. “There are victims of sexual exploitation, human trafficking, overwork and no salary, and forced labor,” she said. 

 

The problem in Malaysia is that the LAW and the GOVERNMENT  are not interested in protecting migrant worker rights. When the migrant worker complaints and claims rights, many employer wrongly just terminate them - which is also what happens to local workers, but when it comes to a migrant worker, their employment pass/permit is also caused by the employer to be cancelled hence removing the ability of the migrant worker to remain (and work naturally) legally while his complaint is processed(by the Labour Department[now known as the Human Resource Department] or the Industrial Relations Department or some other). Now in all these avenues and process of justice, the presence of the complainant migrant worker is needed - If the migrant worker is not present, then the process stops...then the Labour or Industrial Court cases stops... 

Likewise with crime, how can the police continue with the investigation...how can they prosecute when the victim (and even material witnesses) who are migrants are no more in Malaysia.

Malaysian Immigration Department and the Malaysian Government must ensure that no migrants ability to stay and work legally is extinguished if there is a pending claim, investigation, court proceedings, etc... Malaysia must change its attitude of using migrants just for labour - BUT disinterested in protecting their rights and welfare effectively. Malaysian government propagates this culture of exploiting migrant workers...when what is needed is DETERENCE that will ensure that NO EMPLOYER EXPLOITS WORKERS.  Sadly, the treatment of local workers is similar - Employers found guilty of not paying wages, for example, is ordered to pay the aggrieved worker JUST what should have been paid - SURELY, this is not right - and certainly is no real penalty - and would only encourage employers to go on cheating workers - for after all, if caught, all they need to pay is what they cheated the worker off in the first place. Rightfully, the law should require them to pay DOUBLE or maybe even TRIPLE plus maybe a sum for all the pain and suffering caused...

Southeast Asia

Inquiry Finds Abuse of Migrants in Malaysia

Gelia, a maid works in a condominium in Kuala Lumpur, Malaysia, Wednesday, June 17, 2009. At least two women have died in the custody of recruitment firms prior to scheduled departures for Malaysia.

Theara Khoun, VOA Khmer

 

08 January 2013 

PHNOM PENH - A Cambodian investigative committee has found widespread exploitation and rights violations of Cambodian migrant workers in Malaysia.

The 22-member committee, which included government representatives, rights workers and other agencies, spent two days in Malaysia and found workers vulnerable to overwork, forced labor and sexual exploitation, among other dangers, as more and more Cambodians seek work abroad through negligent recruitment agencies.

Chou Bun Eng, secretary of state for the Ministry of Interior, who headed the delegation, said the inquiry found four types of violations. “There are victims of sexual exploitation, human trafficking, overwork and no salary, and forced labor,” she said.

The committee’s findings are consistent with those of other rights groups that have investigated the working conditions in Malaysia, where many Cambodian women from rural areas find work as maids.

“Some laborers have been tortured and abused by the house owners,” said Samleang Seyla, country director of Action for the Children. “For some others, their employers don’t pay their salaries.”

And there is little legal recourse for Cambodian workers in Malaysia if they aren’t paid or are abused, he said. “Some complain about the difficulty finding legal aid. In their view, they are unlikely to win a case, because they don’t have money; and second, it requires a lot of time. That’s why some of them come back to Cambodia without proper legal resolutions.”

Underage girls are also being sent to Malaysia to work, the committee found. At a rescue center in Malaysia, where 13 Cambodians were staying, the committee found a 17-year-old girl who had been working in Malaysia for two years—with no salary.

On the two-day visit, the delegation met with representatives of the Malaysian government, an employers association, the Cambodian Embassy in Kuala Lumpur and with NGOs.

Cambodia issued a moratorium on the recruitment of workers for Malaysia in 2011, following widespread reports of abuse, including the deaths of some workers. Human Rights Watch said in a November report that prior to the ban, girls as young as 13 were being sent to Malaysia through recruitment agencies.

An Bunhak, chairman of the Association of Cambodian Recruitment Agencies, who joined the delegation, said a lack of training and poor communication lead to misunderstandings between employers and workers. “For example, when they are asked to bring a bowl, they bring a urine pot,” he said. “This in turn makes their bosses angry, leading to violence.” 

Cases where underage girls are sent to Malaysia are rare, he said, and in those cases the companies responsible for recruiting them have been shut down.

An estimated 50,000 Cambodian workers, legal and illegal, are thought to be working in Malaysian households, factories and restaurants, earning between $135 and $200 per month.

In Malaysia, the committee interviewed Om Bopha, a senior adviser to the Cambodian Embassy in Malaysia, who said the Ministry of Labor is not properly monitoring the workers who are sent to Malaysia and that some Cambodian recruitment agencies send young workers or untrained workers, with little monitoring.

Chou Bun Eng said there is little follow-up on the transfer of workers, who are moved from a recruitment company in Cambodia to a receiving company in Malaysia and on to a local employer.

“In such hand-to-hand transfer, to what extent is there responsibility?” she asked.- VOA [Voice of America Khemer Southeast Asia News, 20/1/2013, Inquiry Finds Abuse of Migrants in Malaysia