Police arrest of worker 'leaders', and disruption of workers' strike is WRONG? STRIKES/Pickets are legal means for workers to fight against employers for rights. Where is HR Minister? MTUC?

Workers - employer relationship, rights and obligations is determined by the employment contract between workers and employer. Therefore, for workers to get better rights, the workers need to convince the employer.

One or a few workers fighting with the employer for better rights, wages  or working conditions may not work, but if a large number of workers together fight for better rights, the possibility of success is higher...  

In Genting Highlands, the dispute was between employer and workers, so WHY DID THE POLICE SIDE WITH THE EMPLOYER, ARRESTING TWO WORKER LEADERS AND BREAKING UP THE STRIKE?

Checks with their employer revealed the foreigners went on strike to express their dissatisfaction over their salaries and working schedule,

It was a dispute between workers and employer - and as such, the police and even the government should not take sides - and allow the dispute to be resolved by the workers and the employer, recognizing the right of workers to fight for their rights including taking actions like pickets and strikes.

The police must now immediately release the 2 foreign workers. It is wrong to criminalize worker actions, including 'masterminding strikes', in the struggle of workers against employers for better rights.

Police have detained two foreigners, believed to be the 'mastermind' behind a strike involving some 200 migrants at Amber Court, Genting Highlands near here on Jan 2..."Police instructed the others to end their strike and leave the area. ...

Organizing some 200 workers to jointly fight for their rights is an achievement - something that many a local trade unions also have in the past failed to achieve. Even to get workers to participate in a picket, a protest outside working hours that does not disrupt work and business of employers is something many Malaysian unions have failed.

We recall   similar issue happened in 2010, and after worker protest, the situation was resolved vide an agreement by JCY... it was considered a 'Good Practice' and a successful worker struggle which resulted in the employer(JCY HDD  Technology  Sdn.  Bhd) agreeing to improve rights of workers (see 'threw stone at private parts' of worker - If true, take action against any employer/staff/person that torture workers?)

The foreigners had, on Sunday, protested against the management of a factory, following the death of a Nepali worker.

On Monday, they demanded higher wages from the management and a mini-clinic to be built in the compound.- Star, 16/8/2010, Foreign workers run riot at factory enclave

Press Release - 17/8/2010
 

In  response  to the  recent  foreign  workers  issues  at  JCY HDD  Technology  Sdn.  Bhd.’s sub-contractor  hostels  at  Kawasan  Perindustrian  Tebrau  IV,  Johor  Bahru,  both  the company and the  foreign worker representatives  have  met  this afternoon and the  issues had been resolved amicably with the workers returning to work immediately.

Among  the  key  issues  highlighted  by  the  foreign  workers,  the management  had  in conjunction  with  the  sub-contactor  for  the  hostel,  shall  take  remedial  actions  as summarized below:

1.  Company  will  provide  a  vehicle  and  driver  on  24  hour  standby  at  the  main hostel to facilitate the emergency transportation of worker to hospital for any emergency treatments.
2.  The  company  had  agreed  to  revise  and  standardize  the  pay  structure  of  the workers.
3.  The  criteria  for  the  deduction  of  salary  in  relations  to  worker  coming  to factory late shall be revised and improved.
4.  On  top  of  the  normal  workmen  compensation  benefits,  the  company  had agreed to improve the contribution to the beneficiary of the worker. 

The  management  of  the  company  stressed  that  JCY  had  always  aim  to  provide  a conducive environment for the workers to work and stay. The company will continue to work closely with the hostel’s sub-contractor to take care of the workers welfare and JCY truly  valued  the  contribution  made  by  the  workers  and  staffs  to  the  success  of  the company. - JCY International Website

CRIMINALIZING workers for fighting for their rights with employers is wrong. Breaking up legitimate worker actions, including pickets and strikes, is WRONG and must end. [See also 11 picketing workers charged for EXCESSIVE NOISE? ]

11 workers arrested and detained overnight for picketing?

MTUC shocked with the arrest and detention of 11 workers exercising right to picket

This was a worker issue - and we wonder where the Minister of Human Resources is?  Where is the Malaysian Trade Union Congress(MTUC) - who is recognized by Malaysia as the body representing ALL workers?

Meanwhile, Zaiham[Bentong district police chief Superintendent Zaiham Mohd Kahar] said police had met their supervisor and was informed the strike was due to a misunderstanding between the company and their workers about their salary and working schedule.

"We advised both parties to discuss and sort out their issues. They have been reminded not to disturb public order and security.

Stepping in to try to settle such worker-employer should have been the Ministry of Human Resources - but, here it seems it was the police. Did the police settle the dispute, for what was reported was that they just met the employer's representative('the supervisor'), and no mention about the workers' representative save that 2 had been arrested.

Media also 'protected' the employer company, as the name of the employer was not mentioned in the reports.

In the past, when workers bravely stand up to fight for their rights, they later get targeted and even terminated 'wrongfully'. For migrant workers, it is worse for they may not only be speedily 'wrongfully dismissed' but also find their Social Visit Temporary Employment Pass being cancelled by the Immigration Department - and the worker being speedily sent out of Malaysia. When a migrant worker is sent out of the country, the possibility to get justice at relevant avenues of justice in Malaysia is almost ZERO.

The end result - Malaysia have workers, that can easily be exploited and is simply not brave enough to highlight injustices or violation of rights. This is the reality of most workers(both local and migrant). Whilst local workers simply can move on to find a better employer, the migrant worker may have to leave Malaysia, as their work permit only allows them to work for ONE employer.

Now that Anwar is Prime Minister, and the PH is government, we hope that there will be REFORMs to respect and protect worker rights. 

The Minister of Human Resources must speedily investigate what happened in this case in Genting Highlands. The Minister must speak out against police interference in worker-employer disputes. 

MEDIA also need to be fair in reporting - report also the views of workers, not just employers and the police?

I take issue with the police warning, as reported,  "I urge the public not to speculate about the incident and share videos on the strike as the matter has been resolved by both the company and their workers. Police will conduct regular patrols in the area," he said

Of course, those concerned with human rights and justice must look into this incident ... The police says matter 'resolved' - but makes no mention how resolved. The fact that the police will be conducting 'regular patrols' indicates that the issue may not be resolved. A issue is not resolved if workers are  denied the right to strike/picket, and their 'leaders' are in detention, is it? 

Police should disclose how exactly the issue is resolved, and immediately release the 2.

 

Bentong cops detain two foreigners for 'masterminding' strike involving 200 workers

By T.N.Alagesh - January 17, 2023 @ 9:20am

A screen grab of the incident which occurred in Genting Highlands on Jan 2. - Pic courtesy of Bentong police.

BENTONG: Police have detained two foreigners, believed to be the 'mastermind' behind a strike involving some 200 migrants at Amber Court, Genting Highlands near here on Jan 2.

Police were earlier alerted by members of the public to the presence of a huge group of foreigners outside the Amber Court apartment about 8am before a team from Bentong was deployed to the spot.

Bentong district police chief Superintendent Zaiham Mohd Kahar said there were 200 migrants involved in the strike and they were led by two men in their 20s.

He said policemen had initially told the duo to instruct the others to disperse but their orders fell on deaf ears.

"None of the foreigners adhered to the instructions to leave and the two men refused to cooperate but became aggressive. They were taken to the Genting Highlands police station to have their statements recorded.

"Police instructed the others to end their strike and leave the area. Checks with their employer revealed the foreigners went on strike to express their dissatisfaction over their salaries and working schedule," he said in a statement today.

He said the incident had gone viral on social media before the video shared by a TikTok account owner registered as 'YUBRAJKARKI3' was erased.

Meanwhile, Zaiham said police had met their supervisor and was informed the strike was due to a misunderstanding between the company and their workers about their salary and working schedule.

"We advised both parties to discuss and sort out their issues. They have been reminded not to disturb public order and security.

"I urge the public not to speculate about the incident and share videos on the strike as the matter has been resolved by both the company and their workers. Police will conduct regular patrols in the area," he said. - NST, 17/1/2023