Goodbye MAS Employees Union(MASEU) and other Unions in MAS?

Well, the plans revealed for Malaysian Airlines(MAS) by the Malaysian government wholly owned, Khazanah Nasional Bhd, includes 'the creation of a new company, (NewCo) which will house the ‘new MAS’ and the migration of the right-sized workforce and work practices and contracts into NewCo'... NewCo would require a workforce of approximately 14,000, representing a net reduction of 6,000 or 30% from the approximately 20,000 current staff.

Now, if a new company is created, MAS's existing assets can be 'transfered/sold' to the new company - but this cannot happen to workers. Workers in the OLD-Co(Malaysian Airline System Berhad?) will then be terminated/retrenched and will be entitled to receive termination/retrenchment benefits, etc... 

Then, NewCO can re-employ the workers of OLD-Co. 

a) Will the terms and conditions of employment be the same? [Now, many of the MAS workers are regular employees until retirement, will they be  re-employed by this NewCo as regular employees with employment security until retirement age? Or will they be re-employed as short-term contract employees - a most precarious employment relationship for workers? Or will the NewCo start relying on the 'contractor for labour system' - i.e. entering into arrangements with third parties to supply workers to work in NewCo - these will not be employees of NewCo - an even more precarious employment practice for workers?]

b) Will the workers re-employed by this NewCo be also allowed to enjoy the benefits that with come with tenure(length of service) they had in OLD-Co? Or will they be just considered brand new workers?

c) Will the workers in OLD-Co even be re-employed? Will NewCo just go out and employ new workers - not the old workers? If there is going to be re-employment, will there be any guiding principles....like LIFO[Last In First Out] being the principle when it comes to retrenchment - will NewCo give priority to the length of tenure in OLD-Co when it comes to the re-hiring?

Now, let us talk about the UNIONs in MAS - Most of these Unions are in-house Unions of employees now in OLD-Co - so, effectively when OLD-Co is no more or has no more employees, all these Unions will cease to exist? All existing Collective Agreements will be of no use anymore... The employees of NewCo will now have to re-organize themselves into new unions...and in Malaysia, this can be a long process - the application for registration, the application for recognition, etc ...it could be years before these new trade unions will be able to enter into Collective Bargaining Agreement... [Or maybe the new MAS law may just prevent the formation of trade unions in NewCO]. The biggest of the OLD-Co Unions is the MAS Employees Union(MASEU) and there are another 6-8 other inhouse Unions too... So, if this proposals go through, we will effectively be saying GOODBYE to MASEU and the other existing in-house unions...

Now, with regard the National Union of Flight Attendants(NUFAM), who have managed to already succeed in the secret ballot and get recognition (although this is currently being challenged by OLD-Co in the courts), they would have to start all over again, and claim recognition from NewCo... 

New-Co - is there really a need for the creation of a new Company? Maybe not if the security and welfare of employees is the concern.... The OLD-Co can always re-structure, and that may mean retrenchment which can be done according to the LIFO principles. Steps can also be taken to try to find alternate employment for workers no longer needed in the airline... Justly, the UNIONs should be involved in this process... 

Now, Khazanah was the majority shareholder (69 percent stake in MAS) would have also been in control of MAS, which was suffering losses and failing [even before MH370 and MH17] - so, one wonders whether the government should not handover MAS to some other wholly owned company(not Khazanah) if they truly want to succeed this time around. In fact, Khazanah, being the entity with the controlling interest in MAS should take the blame for MAS's failing to date... shouldn't they? [Or maybe, there has been changes in Khazanah at the top that makes this a 'new' Khazanah?]

In fact, all those who have been in control of MAS (Directors, CEOs, Upper Management, etc) should be let go and new people brought in if we reasonably want our airlines to succeed... 'You do not poor new wine into old skin'. 

Maybe we should be looking at maybe nationalizing the airlines - putting it under the government directly, or alternatively under some other 100% government owned-controlled entity - the Minister of Finance (Incorporated) [MOF (Inc.)]?

Maybe, winding-up OLD-Co may be better - surely better than just transferring assets and liabilities , which include contractual obligations, to NewCo? 

Now workers employment security, and the welfare of themselves and their families, is the concern of the government - this should be the priority for me compared to the future success of the Malaysian airline. But, now it seems that success of the airline and not the welfare of workers seem to be taken as more important. 

As a Malaysian, I am concerned with the future of Malaysian airlines - and, I hope we see a better proposal.

I read that this proposal has already been approved by the cabinet? - well, I believe, that is something that first need to be brought up in Parliament, discussed and approved by Parliament. Even before that, the public need to be allowed to discuss and provide input - after all, it is OUR money...our airlines....and our fellow Malaysian worker and their families that will be affected.

Published: Friday August 29, 2014 MYT 3:31:00 PM
Updated: Saturday August 30, 2014 MYT 9:37:05 AM

Khazanah unveils 12-point plan for MAS

by isabelle lai

KUALA LUMPUR: Khazanah Nasional Bhd has unveiled a 12-point plan to enable Malaysia Airlines (MAS) to achieve sustained profitability within three years of de-listing, by the end of 2017.

Its managing director Tan Sri Azman Mokhtar said the plan involved a comprehensive overhaul of the airline.

“At its core, the plan involves the creation of a new company, (NewCo) which will house the ‘new MAS’ and the migration of the right-sized workforce and work practices and contracts into NewCo,” he told reporters at a special briefing at Khazanah headquarters on Friday.

The plan, entitled “Rebuilding A National Icon – The MAS Recovery Plan”, has four categories which are governance and financial framework, operating business model, leadership and human capital, and regulatory and enabling environment. 

Azman said this plan followed a review of all relevant aspects of MAS’ operations and operating environment that commenced in February this year. 

He said current MAS chief executive officer Ahmad Jauhari Yahya would continue to lead the old company during the transition period over the next 10 months to July 1, 2015.

“Khazanah has commenced the search process for the CEO of NewCo and we envisage that the conclusion of this search will be announced in due course, expected to be before the end of 2014,” he said. 

Azman said it was estimated that NewCo would require a workforce of approximately 14,000, representing a net reduction of 6,000 or 30% from the approximately 20,000 current staff.

He said Khazanah would invest in a Corporate Reskilling Centre to address the reskilling of the appropriate MAS staff who did not migrate to NewCo. 

“MAS and Khazanah are committed to helping each exiting employee minimise the negative impact to their livelihoods and quality of life,” he said. 

On Aug 8, Khazanah announced it would undertake a selective capital reduction and repayment exercise at an offer price of RM0.27 per MAS ordinary share, representing a 29.2% premium to the 3-month volume weighted average market price at the time of announcement. - Star, 29/8/2014, Khazanah unveils 12-point plan for MAS

Tragedy-hit Malaysia Airlines to lose 6,000 jobs in bold revamp

By Al-Zaquan Amer Hamzah

KUALA LUMPUR Fri Aug 29, 2014 6:03am EDT

.

 An airport worker walks between Malaysia Airlines planes at Kuala Lumpur International Airport July 25, 2014.Credit: Reuters/Olivia Harris

(Reuters) - Malaysia Airlines (MASM.KL) (MAS) will slash nearly a third of its 20,000 workforce and cut back its global route network as part of a radical 6 billion ringgit ($1.9 billion) restructuring following the devastating impact of two jetliner disasters. 

The 42-year-old company will be de-listed by the end of the year under the broad revival plan announced by state fund Khazanah Nasional on Friday that aims to bring long-elusive efficiency and global standards to the loss-making carrier.

The 6,000 job cuts were higher than expected by the industry and mark a painful new blow for staff after a traumatic year for the national flag-carrier and the Southeast Asian country. Khazanah, which owns a majority stake in MAS, said it would invest in "re-skilling" those who lose jobs and pledged to set up a panel to improve often rocky relations between unions and management.

"Recent tragic events and ongoing difficulties at MAS have created a perfect storm that is allowing this restructuring to take place," Khazanah Managing Director Azman Mokhtar told reporters in Kuala Lumpur. 

"We believe that the 6 billion is not a bailout, we believe it will be recovered with re-listing," he said.

Khazanah, which currently holds a 69 percent stake in MAS, will take 100 percent ownership when the carrier is de-listed. The state fund said this month that it would pay 1.4 billion ringgit to buy out minority shareholders. 

Under the restructuring plan, which was approved by Malaysia's cabinet this week, MAS' assets and liabilities will be transferred to a new company with Khazanah injecting up to 6 billion ringgit. 

Khazanah aims to return MAS to profit by 2017, and re-list the airline within five years, by which time it would be a more regionally focused airline "with lower cost structure and greater emphasis on revenue yield management," the state fund said in a statement. 

An international search for a new chief executive was underway, Khazanah said, and the current CEO Ahmad Jauhari Yahya would stay on until July next year.

Khazanah, which has injected more than 5 billion ringgit into MAS over the last 10 years, said its new fund injections would be strictly tied to the new company meeting performance targets. 

"Success is by no means guaranteed," Khazanah said. 

Airline industry players said the revival plan appeared to be far more comprehensive and radical than several others that have been announced since MAS began struggling in the late 1990s after a period of rapid growth. 

"The plan that has just been announced is comprehensive, credible and adequate even if painful for MAS staff and other stakeholders," said Bertrand Grabowski, DVB Bank's managing director in charge of aviation. DVB is a banker to MAS.

"It is comprehensive because it touches all the key weaknesses that the airline has not being addressing for years - an overstretched network and fleet in an ever more competitive environment, short haul and long haul."

CUTTING DEBTS, FLIGHTS

The drastic downsizing caps a wrenching year for the airline following the unexplained disappearance of Flight MH370 en route from Kuala Lumpur to Beijing in March and the shooting down of Flight MH17 over Ukraine in July.

Even before those deadly tragedies, MAS had been steadily falling behind high-end rivals such as Singapore Airlines (SIAL.SI) and been battered by the rise of Asian budget carriers like AirAsia (AIRA.KL).

The company hasn't made an annual profit since 2010 and on Thursday revealed deepening losses and warned of more to come as nervous travellers steered clear of it after the disasters.

The restructuring is a bold move by the long-ruling government, which has used state firms such as the national airline as social tools to create jobs and reinforce policies favouring majority ethnic Malays over other races.

The main union at MAS has close ties to the ruling UMNO party - and has successfully resisted previous restructuring attempts. 

"If we seek a different outcome from past experiences, we must have the courage to choose a different method," Malaysian Prime Minister Najib Razak said in a statement.

"Piecemeal change will not work."

The executive secretary of the main MAS workers union, Jabbarullah Kadir, declined to comment on the restructuring plan, saying the union had not yet agreed a position on it.

Khazanah said it aimed to reduced MAS' net gearing to as low as 100 percent from 290 percent currently through debt-to-equity swaps. It said it had already secured a commitment from Malaysia's civil servants' pension fund to swap 750 million ringgit of Islamic bonds for equity.

The state fund did not give details on plans to reduce the carrier's flight network, but said several of its European destinations would be reviewed. Malaysia Airlines will retain global flight connectivity through the Oneworld alliance and code-sharing, Khazanah said. 

(Additional reporting by Anshuman Daga in SINGAPORE and Trinna Leong in KUALA LUMPUR; Writing by Stuart Grudgings; Editing by Ryan Woo) - Reuters, 29/8/2014, Tragedy-hit Malaysia Airlines to lose 6,000 jobs in bold revamp

MTUC calls for tripartite meet concerning Tebrau and Kulai strikes

Let us also make sure that the migrant workers are also represented in this tripartite meeting ... yes, the affected migrant worker reps from both the Tebrau and Kulai factory ...  (Agreements must just not be made by just reps without consultation with all the affected workers)

It is also best that JCY International is also present at this meeting - not just JCY's subsidiary JCY HDD Technology Sdn Bhd (JCY)...

MTUC CALLS FOR TRIPARTITE MEETING ON KULAI JAYA STRIKE

29 August 2014 Print page
Press Released

Malaysia Trades Union Congress (MTUC) calls for an immediate tripartite meeting between employers of JCY HDD Technology Sdn Bhd (JCY), Human Resource Ministry and  MTUC on the recent strike by their foreign workers in protest of the companies, negligence in handling of health issues of their workers.

Our MTUC Johor Division officers on the ground have been following the case closely with some of JCY’s migrant workers. Workers shared that their protest escalated when one of the staff of JCY provoked by throwing stones at their private part when the workers refuse to ‘play the game of throwing stones’ at each other in their workplace at Kulaijaya. These workers, about 20 of them who participated in the strike in Tebrau were forcefully moved to Kulaijaya. At Kulaijaya these workers were forced to play a game of “volley ball with stone” as a punishment for taking part in the strike at Tebrau over the death of their co worker who complained of having difficulty in breathing.

According to the workers they resort to industrial action as they were dissatisfied in the manner the management handled their grievances. Their main concerns were on the issues concerning their health, work condition, poor hostel facilities, calculation of overtime, not adhering to off day’s entitlement, various deductions in their salaries and low compensation for accident and injuries. The workers were also displeased with the attitude of the management in that workers are beaten for any mistakes made. They said that the management have constantly not treating them with dignity and respect. Their concerns at workplace worsened over the years that their only option was industrial action.

MTUC is very concern in the way the management of JCY handle the issues of worker’s grievances at workplace. Management’s intimidation and hostile attitudes towards worker is totally unacceptable. These fundamental issues have been put off so long that workers have lost total confidence with the management of JCY. Our national policy and practices on protection of Migrant workers too have failed to address significantly the rights of migrant workers.

Human Recourse Ministry have repeatedly denied our call for Migrant workers to be given SOSCO benefit just as Malaysia workers instead migrant workers are covered by Workmen Compensation Scheme with computation of compensation differs extensively. There is justification no why dual set of computation of compensation is need for Malaysian and Migrant workers.

At the same time MTUC is concern on the over dependency of Migrant workers in JCY. It has been noted that about 95% of foreign workers employed by JCY are production workers. JCY’s depends on more than 10,000 migrant workers mainly from Nepal, Bangladesh, India, Myanmar and Vietnam. These only raises concerns that wage distribution and condition of employment offered have been inadequately address that prompt many Malaysian in Johor to work in Singapore instead.

MTUC also urge that police investigation should look into the provocation and alleged assault made by the management over the incident in Kulaijaya. Police investigation must be fair and unbiased towards all parties involved.

Meanwhile MTUC Johor Division will offer our services to all migrant workers especially workers who are affected in the incident in Kulaijaya and Tebrau. Migrant workers can call our hotline number at 016-2118024 should they need any assistance or inquiries.

Thank You.

Sincerely,
N. Gopal Kishnam,
Secretary General


See also related posts:- 

JCY International Bhd claim not aware of foreign workers being allegedly abused at its factory?

 'threw stone at private parts' of worker - If true, take action against any employer/staff/person that torture workers? 

Foreign workers punished - forced to play "volleyball with stones" and refusal results in beatings?

1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

JCY International Bhd claim not aware of foreign workers being allegedly abused at its factory?

'Fiery riot' firm unaware workers being abused

The management of JCY International Bhd has claimed that it is not aware of foreign workers being allegedly abused at its factory in Johor.

In a media statement, the firm said an investigation has been launched into the allegations, which have been widely reported in the media.

"The management is of the view that the incident (riot) was a result of miscommunication between all parties concerned and will take steps to further improve communication," it added.

Among others, it was claimed that a senior staff at the Kulai factory had pelted the private parts of the foreign workers with stones.

On Tuesday, enraged workers torched the factory building and a car belonging to a management staff.

The company also clarified that they moved 23 workers from Tebrau to Kulai after the earlier riots to “calm” the situation at Tebrau.

“Twenty three workers were temporarily separated from Tebrau factory and moved to Kulaijaya factory for the purpose of calming the situation of the workers unrest incidence that took place at a worker hostel located in Tebrau IV, Johor Bahru on 22 and 23 August 2014.”

It is believed that the riot in Tebrau last week ensued after a worker, Karka Bahadur Nirbula died of sickness after not being given medical treatment by the company.

Death acknowleged

While it acknowleged the death, the company did not address the allegations surrounding Karka's death.

It only said that there is a 24-hour clinic at the Tebrau factory, and Kulaijaya workers can go to the panel clinics without restriction.

It also said that it will now raise its compensation for workers who die on the job, by paying the remainder salary from their tenure or RM10,000, whichever higher.

JCY added that all their salary payments as well as accommodations for the workers were in compliance with the Malaysian labour law.

“JCY HDD had fully complied with Malaysian’s minimum wage requirement of RM900 per month since the first day it came into effect on 1 January 2013. As legally and normally practised by other companies in the electronic industry, JCY HDD also practices rest day that do not necessarily falls on a Sunday.”

JCY HDD Technology Sdn Bhd is a unit under public-listed company JCY International Bhd.

The company also cleared that any deductions made to the salary of workers were done with the approval of authorities.

“All salary deductions made by JCY HDD are with approval from relevant government authorities.”

It also acknowledged that worker Karka Bahadur Nibula had died from illness prior to the incident, but did not address claims that this was due to of access to medical aid.

It, however, said that there is a 24-hour clinic in its Tebrau factory while those at the Kulai operation can seek medical attention at panel clinics without restriction.

Not the first time JCY under fire

The company also reiterated that the damage was minimal as the fire only engulfed an area, which held “non-crucial equipment” and “consumable items”.

“There was no major damage to the main building or any of the machines within the factory.”

Meanwhile, Tenaganita programme director Glorene Fernandez revealed that this is not JCY’s first tussle with foreign workers.

“We have handled cases from JCY International before regarding their mistreatment of foreign workers.

“Previously, there was another case involving a Nepali foreign worker as well, which was brought to the industrial court but was settled off court by JCY,” Fernandez told Malaysiakini.

Fernandez added that Tenaganita has previously conducted talks with JCY workers to educate them regarding their labour laws and rights.

Separately, PSM in a statement condemned the treatment of foreign workers by JCY International.

“The management’s idea of punishing 20 workers - forcing them to play volleyball with a rock, and throwing a stone at their private parts – that sparked off angry protests by the workers is outrageous and reflects the impunity enjoyed by employers,” said PSM central committee member Rani Rasiah.

“The workers had remained compliant despite enduring all kinds of abuses and deprivation – low income, cramped living quarters with up to 45 workers sharing a shop house, beatings if they made mistakes, and being forced to walk an hour to work,” Rani added.

PSM also questioned the authorities actions regarding the case as no management staff was remanded, despite allegations of abuse.

“Who are the victims?” she quizzed.

MTUC Johor secretary K Mohanadas told Malaysiakini that workers had complained of being beaten at work, no over time, no medical care and deplorable living conditions (above).

---

Additional reporting by KAMLES KUMAR, a trainee journalist with Malaysiakini. - Malaysiakini, 28/8/2014, 'Fiery riot' firm unaware workers being abused

See also:- 

'threw stone at private parts' of worker - If true, take action against any employer/staff/person that torture workers? 

 

Foreign workers punished - forced to play "volleyball with stones" and refusal results in beatings?

 

1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

 

 

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

at 14:47 0 comments

'threw stone at private parts' of worker - If true, take action against any employer/staff/person that torture workers?

What is happening in Kulai is related to what happened in the Tebrau factory, which now allegedly  is a JCY HDD Technology Sdn Bhd, a subsidiary of JCY International Bhd. This belief on the name of the factory involved comes from media reports. 

{Now, is JCY the employer? We are not sure....because today many factory owner-operators try to avoid employment relationships with the workers who work in the factory - one way is to get workers from 3rd parties(known as contractors for labour) who supply the factory with workers who will be considered employees of the supplying third party - not the employees of the factory. A move to avoid unionization and collective agreements. A way to avoid responsibility and obligations for the promotion and protection of worker rights, avoid responsibility for violations, etc ... There are other methods also used to avoid responsibility to workers...That is why we need to campaign for DIRECT EMPLOYMENT RELATIONSHIP with all the workers that work at your factory...}

The protests and action by workers allegedly started with the death of a Nepali migrant workers, which the workers say the employers were allegedly negligent in not sending the deceased worker for medical treatment. Interestingly, a similar issue happened in 2010, and after worker protest, the situation was resolved vide an agreement by JCY... it was considered a 'Good Practice'....but 

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

The question arises whether JCY is still complying with the agreement for once again there is a death of a worker and allegations of failure on the part of the factory .See -1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

Allegedly, some 20 factory workers involved in the earlier protest in Tebrau were transferred to to the Kulai factory - and there have been allegations of torture -   

A manager had allegedly forced a group of foreign workers to play "volleyball with stones" and those who refused were beaten with a stick.... the company abused the workers, mostly Nepalese, on daily basis and they could not take it anymore. "When we make mistakes, they hit us and this is just unfair."In fact, due to an earlier disagreement, the management even refused to send us our usual bus and we were forced to walk for about 1 hour to get to work... - - Malaysiakini, 26/8/2014, Workers torch car in 'stone volleyball' riot

Now, my hope is that the authorities do not just take criminal and other actions on these workers - but will investigate the ROOT CAUSE - which from the media reports point the finger to the employer, management, supervisor, third part contractors, etc...

It would also be best that  JCY International immediately steps in and resolve this issue as was done in 2010 - for at the end of the day, this really is a labour issue. 

Now, when a large group of workers/people are protesting and claiming rights, there is likely to be some 'bad apples' that may go overboard, and as such the workers in general should not be blamed for the acts of a few. Were the ones who did the 'violence' workers? Were they some 'agent provocateur', some outside trouble maker, some employer's agent, some....?

The police, if they are going to take action, must focus their action on the identified few who damaged the car, committed arson, etc - and not take this opportunity to target worker leaders and the workers generally. Likewise, action should also be taken against management, staff or the employer for the 'torture'. We have heard of workers being arrested, but no employer's representatives - why is that?

the violence was sparked when the workers were made to play volleyball using a rock as the ball. Mohanadas [Malaysian Trade Union Congress Johor secretary K Mohanadas] said that workers told him this was punishment for some 20 workers transferred from Tebrau to Kulaijaya."The workers also say that the supervisor threw a stone at one of their private parts, sparking the violence,” he said. -- Malaysiakini, 27/8/2014,Factory torched as Kulai riot escalates

If  you ' threw a stone at one of their private parts' , I am sure that most people will react. Has the supervisor who allegedly threw the stone at the private parts of the worker been investigated or arrested? Has the manager or the staff who initiated the torture been arrested?

Factory torched as Kulai riot escalates

Violence at a Kulai factory escalated last night with a portion of the factory was torched, after discussions between worker and factory management fell through.

According to police, 44 workers, mostly of Nepalese origin were detained following two incidents of rioting, the first of which occurred at 10am resulting in a torched car.

Workers allegedly set ablaze the factory store and damaged three other buildings owned by the public-listed electronics company JCY International Bhd by throwing stones at the buildings at about 8pm.

The fire was put out by the fire department at 10.05 pm. No injuries were reported.

According to Kulaijaya Deputy District Police Chief DSP Mohd Idris Samsuri, among the rioters, 13 were arrested last night while the rest were arrested after the earlier incident.

They were arrested under Section 148 of the Penal Code, which deals with possession of missiles at a riot.

“Currently the workers are being remanded and actions to be taken are being discussed with the (Nepalese) embassy.”

Mohd Idris said the police have also arranged a meeting between representative of the detained workers and the company management, with embassy personnel present to act as mediator and translator.

He said that the second rioting incident sparked at about 4pm when a meeting between workers and management “went out of hand”

He said that the management had only agreed to give workers a day off from work, and not accede to other demands.

'Beaten if mistakes made at work'

According to Malaysian Trade Union Congress Johor secretary K Mohanadas, the workers had complained of lack of access to medical services and poor living and work conditions.

“The workers were dissatisfied as the highlighted grievances were not addressed.

“These include failure to get medical attention, resulting in death in the Tebrau factory (belonging to the same company), poor living conditions, no overtime and alleged beating if they make mistakes at work.

“The hostel condition is really bad with up to 35 people in a shophouse,” he said when contacted.

Yesterday, Malaysiakini reported that the violence was sparked when the workers were made to play volleyball using a rock as the ball.

Mohanadas said that workers told him this was punishment for some 20 workers transferred from Tebrau to Kulaijaya.

"The workers also say that the supervisor threw a stone at one of their private parts, sparking the violence,” he said.

Asked of claims of abuse, police chief Mohd Idris said that he has no information on this and directed Malaysiakini to the company.

When contacted, the company said it is closed for the day and cannot entertain media queries.

It, however, acknowleged the "unrest" in a filing with Bursa Malaysia.

Mohanadas said the company also told MTUC that it is too busy to speak to union representatives today.

He added that MTUC has also informed the Bar Council, who is sending a team of lawyers to assist the workers.

---

KAMLES KUMAR is a trainee journalist with Malaysiakini.- Malaysiakini, 27/8/2014,Factory torched as Kulai riot escalates

Updated: Wednesday August 27, 2014 MYT 9:26:40 AM

Striking workers in Kulaijaya torch factory building

by yee xiang yun

JCY HDD Technology Sdn Bhd building burning.

KULAIJAYA: Some 800 workers of a factory here set fire to the building Tuesday night after they had stoned their employers office and burned down a car earlier in the day.

The workers, mostly from Nepal, set the electronics manufacturing plant in the Kelapa Sawit Industrial Area on fire around 8pm.

The Fire and Rescue Department arrived at the scene to control the fire at 8.38pm after receiving a distress call some 13 minutes before that.

The department managed to put out the fire at around 10.05pm.

JCY HDD Technology Sdn Bhd building burning

This was following a strike staged by the workers due to alleged mistreatment by their employers.

It was reported that they started gathering outside the JCY HDD Technology Sdn Bhd building from 8am on Tuesday and things got out of hand when some of them began to hurl stones and other objects at the management office and set fire to one of the employers’ cars.

The angry crowd also damaged three other blocks owned by the company.

Just last Thursday at the company’s branch at the Tebrau IV Industrial Area, near Johor Baru, some 1,500 workers also showed their dissatisfaction over the company’s alleged negligence in handling the health issue of a worker, leading to his death.

They threw pieces of metal and glass, electronic items, chairs and boots from their four-storey hostel, smashing the glass windows of a guard post.- Star, 27/8/2014, Striking workers in Kulaijaya torch factory building

...Meanwhile, 42 Nepalese workers were arrested following a riot by more than 800 workers at an electronics manufacturing factory in the Kelapa Sawit industrial area in Kulaijaya.

Kulaijaya deputy OCPD Deputy Supt Mohad Idris Samsuri said the workers were picked up after they set fire to the JCY HDD Technology Sdn Bhd's building along Jalan Gangsa around 8pm on Tuesday.

He said some 1,000 foreign workers had assembled at the area in the morning. While some dispersed when police arrived, the others remained to take part in the riot until evening.

The riot came in the wake of an incident at another JCY branch at the Tebrau IV industrial area near Johor Baru last Thursday.

There, some 1,500 workers, apparently unhappy over the company's handling of a worker's welfare, threw pieces of metal and other items from their four-storey hostel, besides overturning a parked van.

"Some 60 per cent of those who gathered there were Nepalese nationals and 42 were arrested because they refused to disperse. Instead, they turned violent," said DSP Mohd Idris on the Kulaijaya riot.

Plant general manager, who wanted to be known as Liaw, confirmed that the plant was not operating yesterday due to Tuesday's incident.

A statement released by JCY Inter­national Bhd yesterday said JCY HDD Technology, its wholly owned subsidiary, would be temporarily shut.

It added that the company was taking measures to reach an amicable settlement with the workers. - AsiaOne Malaysia, 28//8/2014, Unpaid workers burn eatery in Malaysia

Published: Wednesday August 27, 2014 MYT 1:56:00 PM
Updated: Wednesday August 27, 2014 MYT 1:58:14 PM

JCY assessing impact of worker unrest, fire at Johor plant

KUALA LUMPUR: Hard disk drive manufacturer JCY International Bhd is assessing the impact of the worker unrest and fire at one of its factories in Kulaijaya, Johor.

It said on Wednesday the incident at its unit JCY HDD Technology Sdn Bhd the previous day had caused a temporary shutdown of the factory's operation at that location.

"However, there were no major damages to the factories and properties of the company and its subsidiaries," it said in a statement to Bursa Malaysia. 

JCY said the damages to the factories and properties did not pose any material impact on the financial performance and financial position of the group for the financial year ending Sept 30, 2014.

"There are no disruptions to all other operations of the group located outside Kulaijaya District," it added.

JCY said the company was "taking active steps and measures" to address the matter and to reach an amicable settlement with the workers. - Star, 27/8/2014, JCY assessing impact of worker unrest, fire at Johor plant

Malaysian Police Detain 42 Foreigners After Rioting At Export Unit In Johor

By Kukil Bora@KukilBora
on August 27 2014 7:24 AM

Malaysian police arrested foreigners riot factory, workers mostly Nepalese riot export factory Malaysia, riot factory Johor state JCY International, Malaysian police arrested foreigners riot factory JCY International Reuters 

 

Malaysian police arrested 42 foreigners after nearly 1,000 workers rioted at an electronics goods factory Tuesday. The workers, mostly Nepalese nationals, were protesting poor working conditions, an endemic issue at plants employing foreign workers in the Southeast Asian country.

The rioting sparked fires and destroyed components inside the factory, which is located in the southern industrial hub of Johor state. The factory was run by JCY International, a Malaysian company that manufactures parts for electronics giants such as Samsung Electronics Co Ltd (KRX:005935), Hitachi Ltd (TYO:6501) and Western Digital Corp (NASDAQ:WDC).

The workers in the factory had accused JCY of neglecting working conditions at the facility following the death of an employee last week after complaining of chest pain, Reuters reported, citing local news reports.

The Johor factory reportedly suspended operations on Wednesday.

“This was caused by a misunderstanding between the employer and employees over the terms of their work,” Mohad Idris Samsuri, the district's deputy police chief, told Reuters, adding that the arrested men would be charged under the country's anti-rioting law.

Meanwhile, JCY issued a statement to investors, saying that the conflict would not impact the company’s business.

“The company is currently taking active steps and measures to address the above matter and to reach an amicable settlement with the workers,” JCY reportedly said in the statement.- International Business Times, 27/8/2014

KUALA LUMPUR - Malaysian police have arrested 44 men after a riot by up to 1,000 mostly Nepalese workers sparked fires and destroyed parts of an electronics export factory, highlighting accusations of poor conditions for many of the estimated four million foreign workers in the South-east Asian country.

The riot broke out in Johor on Tuesday at a factory run by JCY International, a Malaysian company that makes parts for electronic giants including Samsung, Hitachi and Western Digital. During the incident, the workers also stoned the office section of the factory and burned a car.

Workers had accused the company of negligence following the death last Thursday of an employee at a nearby JCY factory who had complained of chest pains, according to local news reports.

The unrest spilled over to the company's other factory in Kulaijaya, police said, culminating in a stand-off between riot police and protesters - Straits Times, 28/8/2014 - See more at: http://www.straitstimes.com/the-big-story/asia-report/malaysia/story/riot-breaks-out-johor-factory-44-men-arrested-20140828#sthash.RFkBscVW.dpuf

Foreign workers punished - forced to play "volleyball with stones" and refusal results in beatings?

Workers, and migrant workers too, are human beings and deserve to be treated with dignity. The allegations of torture - forced to play 'volleyball with stones', beaten with sticks, etc are  serious violations of worker rights, human rights and even Malaysian law. 

The allegation of denying workers suddenly of bus that tansports them to work - forcing them to walk an hour to work is also wrong.

Do workers, migrant workers, have REAL access to justice in Malaysia? Sadly, I would have to say the answer is 'NO'. Migrant workers can lodge complaints at the Human Resource Department(formerly known as the Labour Department) or even the police - but then many employers will just terminate the services of these workers and cause their employment pass/visa to be terminated - denying workers the right to remain legally in Malaysia. These 'illegal migrants' are then tracked, arrested, detained, charged in court or deported. Remember, the sentence now for remaining in Malaysia 'illegally' includes 2 caning..

Because of the inefficient, or really 'absent' REAL access to justice, migrant workers have 2 choices - (1) To suffer the exploitation, violation of rights, cheating, 'torture', etc and continue to work; OR (2) To highlight and 'fight' for justice...and now, the only means from the migrant perspective is to picket, protest or go on 'strike'... [And when there is a big hoo-hah at the factory, the media gets interested and report the incidents....]. The solution really is for the government to put in place a more effective system to access justice for migrant workers - something that is speedy, and also give workers claiming rights the ability to stay and work legally in Malaysia...

A Malaysian worker exploited by an employer has the CHOICE to leave that employer and seek employment with another employer... Maybe, this right to change employer should be extended to migrant workers - the onus being on employers to then register and 'legalize' the worker..

The relevant human resource department should also become PROACTIVE making regular spot-checks at places of employment - making sure that employees are not being cheated or exploited...

It is a loss of faith in the government and relevant authorities that results in stronger actions from aggrieved workers... The perception of many workers, not just migrant workers, is that the authorities are pro-employer... This perception must be changed, and the onus is with the government...

So what will happen in this case - will some workers be arrested and charged? Will some be terminated and sent off? Will the government take any action these employers or their management staff? Or will there be a 'blackout' in reporting and employer wrongs all be 'swept under the carpet'?

Workers will want to know outcome of these cases - what action taken against the employers, etc - and maybe these information should be publicly available at the Ministry or relevant department websites... That will impact the perspective of workers to the authorities - they will know that 'bad employers' cannot escape...

Workers are losing...Malaysian workers who take actions for worker rights just get terminated....Union leaders who are vocal and active just get terminated... Malaysian present government must really stop these 'persecution' of workers... See:-

What happened to the 18 workers terminated by DRB HICOM subsidiaries? 

Now 51 groups call on DRB HICOM TO RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA

Malaysian Airlines takes disciplinary SG of NUFAM and 30 others - Union Busting?

54 groups and unions:- Malaysian Airlines Must Respect Trade Union and Worker Rights Cease Anti-Union activities against NUFAM and its members

87 Groups :- RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION AND REINSTATE WAN NOORULAZHAR

Migrant workers voted in 'secret ballot' for union recognition, terminated and send back to country of origin?

I believe the workers would not have burned the car, etc if not for what the employer did - so, who is at fault? 

1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

Will the AG charge the employer for the death of the Nepali worker in Pokok Sena, Kedah? Will there be an autopsy to determine cause of death? 

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

3:35PM Aug 26, 2014

Workers torch car in 'stone volleyball' riot

A manager had allegedly forced a group of foreign workers to play "volleyball with stones" and those who refused were beaten with a stick.
The incident is said to have sparked off a riot outside the factory in Kulai, Johor, this morning, which witnessed hundreds of enraged workers throwing stones and torching a car belonging to a management staff.
According to a source, who works in the area, the "stone volleyball" was punishment for workers who took part in a protest at a sister factory in Tebrau over the death of a fellow worker.
The worker had allegedly died after he was refused treatment. However, there is no other information regarding this case.
The riot, which started at 10am, lasted for more than an hour until it was diffused by the police Federal Reserve Unit (FRU).
Despite numerous attempts, Malaysiakini could not get comments from the management.
One staff member, who answered the call, said: "The company is closed today, call tomorrow... call tomorrow, I don’t know anything... call tomorrow and speak to the manager."
Meanwhile, The Star Online quoted a representative of the workers, Kishor Rai, 23, claiming that the company abused the workers, mostly Nepalese, on daily basis and they could not take it anymore.
"When we make mistakes, they hit us and this is just unfair.
"In fact, due to an earlier disagreement, the management even refused to send us our usual bus and we were forced to walk for about 1 hour to get to work," he was quoted as saying.- Malaysiakini, 26/8/2014, Workers torch car in 'stone volleyball' riot

1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

A worker died - and 1,500 fellow workers protested - they refused to work - well, it is a 'strike'.... 

the workers started the strike to show their dissatisfaction with the factory’s alleged negligence in handling the health issue of a worker who died of chest problems that day.

Well, the Star report calls it a 'riot' - but really, when a fellow worker dies because the workers believe that it was the employer's fault or negligence, would not expect some anger and 'outbursts'? We all remember the video footages of the families of the victims in flight MH370... 

These workers reacted because of what happened to a fellow worker - and they are also concerned about the wellbeing of the deceased worker's family...

“The workers were just concerned that the company would not pay out the remaining two years’ salary of their deceased countryman as per his contract. We assured them that the company will pay the salary of any foreigners who works with our company under a three-year contract – even if he were to pass away during that period,”

I believe that this demand is reasonable and a good employer would be willing to do this..

I hope that Star will follow-up with a report that tell us more - and whether the employer does good.... will the employer arrange for the body to be returned back to the family in Nepal..? What really happened that made the workers so angry...When did the factory become aware of the victims illness/medical condition? Did they immediately arrange for the worker to be sent to the hospital?  

Note also that the Star report did not reveal the name of the company...why did they do this? Protecting the employer? What was the name and age of the victim? What was the agreement reached that the workers decided to go back to work after 36 hours? 

Factories must really have some 'health personnel' at their factories, especially those that have more than 1,000 workers - someone who can provide first aid and healthcare. They must also have an ambulance or at least some transport that can speedily send sick or injured workers to the hospital... This, is not the first case, where workers(migrant workers) died because of delay of sending a sick worker to hospital. Hopefully, this employer would do what JCY HDD Technology Sdn. Bhd (follow the link below), which amongst others was   

"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......On top of the normal workmen compensation benefits, the company had agreed to improve the contribution to the beneficiary of the worker.

Star must also be praised because sadly many media outlets just do not bother about worker issues... 

See also related posts:-

Will the AG charge the employer for the death of the Nepali worker in Pokok Sena, Kedah? Will there be an autopsy to determine cause of death? 

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

Nepali workers riot over colleague’s death

by yee xiang yun

Demonstrating concern: Workers holding up a sign stating their terms during a strike at their quarters.

JOHOR BARU: Some 1,500 Nepalese have refused to go to work for more than 36 hours at a mechanical component manufacturing plant and even flung things out of their living quarters in protest following the death of a colleague.

They threw out pieces of metal and glass, electronic products, chairs and boots from their four-storey hostel, smashing the glass windows of the guard’s post, while some turned a parked van to its side.

The drama started to unfold on Thursday evening at the hostel which is located a stone’s throw away from the plant in Jalan Firma 3 at the Tebrau IV industrial area here.

According to sources, the workers started the strike to show their dissatisfaction with the factory’s alleged negligence in handling the health issue of a worker who died of chest problems that day.

The factory’s management went to the living quarters yesterday and spoke to the workers to find out their concerns. Its executive director Datuk Tan Shih Leng denied that they had neglected the deceased’s initial complaints of chest pains. He said the management had given him medical leave earlier to recover before he died at the hospital.

“The workers were just concerned that the company would not pay out the remaining two years’ salary of their deceased countryman as per his contract. We assured them that the company will pay the salary of any foreigners who works with our company under a three-year contract – even if he were to pass away during that period,” he said.

According to him, factory workers who passed away after exceeding the three-year contract period would get a RM10,000 compensation on top of insurance claims.

Tan said that the workers had agreed to go back to work during the factory’s 7pm shift on Friday. - Star, 24/8/2014,Nepali workers riot over colleague’s death