See related earlier posts:-
Malaysia downgraded to Tier 3 - Trafficking in Persons Report 2014 - contractor for labour system, etc.. blamed?
MTUC and Trade Unions Can Help End Human Trafficking and Worker Exploitation
Upgrading Malaysia despite no real change in 'worker exploitation' because of TPPA?
Media Statement
Are US State Department and TPP endorsing Force Labour Pratices In Malaysia?
Malaysian Trade Union Congress(MTUC) is shocked to the news that
Malaysia may be upgraded to Tier 2 Status in the upcoming US State
Department Trafficking in Persons Report (Star, 10/7/2015). The
situation of workers and trade unions, with particular reference to
migrant workers remain the same, if not has worsened.
The work environment is becoming even more precarious, enabling
easier exploitation of workers; and a diminishing of workers’ and trade
union rights.
Workers in Malaysia who have been long enjoying regular employment
until retirement find themselves being compelled or ‘forced’ by
employers into more precarious forms of employment like short-term
contracts. Many even end up working in a workplace not as employees –
but as workers of some third party (the ‘Contractor of Labour’). This
denies these ‘outsourced’ workers the right to join existing trade
unions representing employees at the workplace, or to enjoy the
additional rights and benefits that is contained in Collective
Bargaining Agreements (CBA). It also weakens existing Unions and
diminishes union bargaining power for better rights.
Migrant workers continue to be ‘bonded’ because many employers are
still wrongly holding on to passports and work passes/visas/permits.
Whenever Migrant worker want to seek redress in Court, they are often
threaten with arrest and deportation by the mere fact that employers are
holding on to the passport.
When workers claim their rights through existing legal avenues, many
employers simply terminate their workers, and for migrant workers this
also mean the loss of ability to stay in Malaysia which is a requirement
in law if they want to pursue their claims for justice. The binding of
migrant workers just to one employer also makes exploitation easier.
In our outreach work, we have notice that in certain service sectors
such as restaurant and security industries workers are compelled to work
long hours and are only paid their basic salaries. When migrants assert
their claims, more often they are threaten with theft or reports to the
enforcement.
Though Migrant workers enjoys the same right as Malaysian workers in
accessing Labour redress but the mere fact their stay in the country is
determined by Immigration with no alternative employment, makes their
cases inaccessible.
Exorbitant recruitment fees paid by workers forces she/he to be
bonded to her/his employment despite the exploitative work condition.
Further, being tied to the conditions of the work permit, migrant
workers are reluctant to pursue their redress as losing their jobs means
having to return home with huge debts. At the outset, migrants begin
work in a vulnerable situation.
One of the best strategies in combating force labour practices is to
give all workers the option to participate in union activities. Only in
Union recognition, workers and employer can sit in at a equal platform
to discuss and negotiate the terms and conditions of work. However
workers and Union often faces many hindrances, threat and intimidation
when participating in union activities. Multinational companies having
huge resources are willing to spend any amount just to frustrate Union
Activities especially in accessing collective bargaining.
MTUC is most concerned that this current moves by the US government
maybe to simply facilitate Malaysia’s signing of the Trans Pacific
Partnership Agreement (TPPA), which sadly is also alleged to contain an
Investor-State Dispute Settlement (ISDS) provisions. These ISDS clauses
have been seen to be a hurdle to minimum wage increases, improving
standards of workplace safety, better worker rights and human rights.
Workers in Malaysia should rightfully have received a higher minimum
wage as of 1st January 2015, as it was 2 years since they first enjoyed
minimum wages on 1/1/2013. The law stipulates that review of minimum
wage rates need to be done at least every 2 years, which naturally would
have meant a higher minimum wage for workers.
MTUC notes that for raising minimum wages, Egypt sued by Veolia
Proprete, a French multinational using an ISDS provision in a trade
agreement. We are, of course concerned, that after Malaysia signs the
TPPA, employers will resist expending monies to improve working
conditions and even wages for the priority of businesses and investor is
often just profits.
In February 2015, Special Rapporteur on Trafficking in persons,
especially women and children, Maria Grazia Giammarinaro has visited
Malaysia on the invitation by Malaysian Government. The Special
Rapporteur has expressed her concerns particularly in the neglect of
identifying victims of Force Labour and the restrictive Immigration
policies that focus on deportation rather than identifying and assisting
victims of trafficking. She has given numbers of recommendation to the
Malaysian Government, including the rectification of International
Convention such as ILO Convention 189 concerning Decent Work for
Domestic Workers and ILO Protocol on Force Labour (2014) and ILO
Convention Abolition of Force Labour Convention (1957) and strengthening
National Legislation in addressing various forms of Trafficking. Sadly,
none of her recommendation till to date has been taken into
consideration.
Further the VERITÉ STUDY has found forced Labour In the production of
Electronic Goods in Malaysia. The report can be accessed at:
In the lights of the above, should the US State of Department
upgraded Malaysia to Tier 2 Status in the upcoming Trafficking in
Persons Report to give way to the Trans- Pacific Partnership, it would
only raise the questions of credibility as it has failed to mirror the
actual realities faced by victims of trafficking.
MTUC urges Malaysia and all countries who have businesses or
investments in Malaysia to do whatever that is needful to ensure that
workers in Malaysia are unexploited and treated justly, and that worker
and trade union rights are promoted and respected.
N. Gopal Kishnam
Secretary General
Malaysian Trades Union Congress (MTUC)
Tel: + 6 019 317 4717
Email: gopalkishnam@gmail.com
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