Human Resource Minister Steven Sim 'happy' - hailed the 2 lawyers that helped migrant workers get their pay - JUSTICE?
Human Resources Minister Steven Sim has hailed the two lawyers who worked pro bono to help 93 migrant workers secure back pay as heroes...He also welcomed the High Court decision, which upheld a Labour Court ruling awarding over RM760,000 to the workers, who were left stranded without jobs upon arriving in Malaysia in 2023."To the legal team involved - not all superheroes wear capes. Thank you," he said on X yesterday.
But the person responsible for this problem is also the HR Minister Steven in the 1st place - There are just too many migrant worker victims because of policy/practice of Malaysia on migrant worker recruitments - and also 'ACESS TO JUSTICE"
In the past, the Malaysian government was better and more JUST to workers
# If any employer wants to get MIGRANT WORKERS - the employer must prove that he made every effort to get LOCAL WORKERS but failed.
# Then the employer must be specific as to what kind of Migrant workers are needed, and how many exactly - if say for construction industry, they must specify what kind of workers needed - WELDERS, Brick layers, Tiling, etc - and then the relevant agency, for Construction Industry, it will be the CIDB(Construction Industry Development Board) that will check and verify the needs
# Then the employer goes forth to find 'suitable' migrant workers for that positions - often, interviews/tests conducted to ensure workers with the requisite skill - then the AGREEMENT is signed between Worker and the Employer(the one with the jobs and needing workers) - thus , when the said migrant workers arrive in Malaysia, there is certainty of employer and the nature of work they will be doing - thus very unlikely for migrant workers to arrive in Malaysia and find that they have no WORK - or that their REAL employer is some other...
# Things changed in Malaysia after 2006, when the then BN regime introduced the 'Contractor for Labour' - who was given the permit to 'so easily' bring in migrant workers when these companies did not even have any jobs requiring workers ....
Collectively, the companies had allegedly applied for more than 4,000 workers but received approval for 1,625. Many of the migrant workers arrived in January 2023, only to find no jobs waiting for them.
The Shah Alam High Court yesterday upheld a Labour Court ruling last year awarding over RM760,000 in back pay to 93 migrant workers who were left stranded without jobs upon arriving in Malaysia in 2023. In her verdict, judge Narkunavathy Sundareson said employers cannot treat migrant workers as a “reserve labour pool” or a standby workforce. “This view is absolutely wrong,” she stressed.
## YES, companies with no work requiring workers should be BANNED from bringing in workers. Only REAL employers who need workers must be issued PERMITS to bring in Migrant Workers.
# When some 'mass labour supplier' is given permits to bring in so many migrant workers - What happened to the REQUIREMENT - TRY TO FIND LOCAL WORKERS FIRST, AND AFTER CERTAIN AMOUNT OF TRIES, ONLY THEN YOU WILL BE ABLE TO BRING IN MIGRANT WORKERS POLICY?
Human Resource Minister Steven Sim - What we need for Migrant Workers is to go back to the previous ways - PERMITS only for real employers to bring in just needed migrant workers - AFTER attempts to find LOCAL WORKERS find.
There have been too many cases of DECEPTION - migrant workers come to Malaysia and find they have no jobs, or they are forced to work in a totally different kind of job for a Totally Different Employer - This is a crime of HUMAN TRAFFICKING under Malaysian laws..
Yes, these 96 migrant workers managed to get 'wages not paid' - but maybe so many more could not have had the chance even to claim wages and justice be being cheated to find themselves with no job, no income and sometimes even end-up being sent back to their country of origin without ANYMORE access to justice. WHY?
For a worker must be present in Malaysia to utilize the mechanisms of access to justice be it in the Human Resource Departrments(Labour Office) - Labour Courts, or the Industrial Relations Department (or Industrial Court) - whereby the absence of the worker claimant result in the cases not proceeding ..
So Minister - what action are you going to take against companies like Aecor Innovation Sdn Bhd- will they charged in Court, will they be charged for Human Trafficking offence, will they be 'BLACKLISTED' - or will companies like Aecor Innovation Sdn Bhd be allowed to still continue bringing in a lot of migrant workers - who may end up arriving in Malaysia, then having no job and having no pay...
These migrant workers CANNOT AFFORD TO FIGHT IN COURT - this time, these 96 were lucky because there were PRO-BONO lawyers like Sahain Nada Puthucheary and Joachim Xavier - the lawyers took up the case of these workers with little or no fees.
Will the MINISTER set up a Ministry LEGAL AID fund so that more migrant workers in similar predicament can get LAWYERS to take up such cases of migrant workers... [As of May 16, 2024, Malaysia has 3.4 million foreign workers according to the Malaysian Department of Statistics, which made up 10% of the country's population of 34.1 million]. In terms of undocumented migrant workers, there may be 3-5 million more > and, the question is how they became undocumented - many workers brought in to Malaysia end up cheated of their jobs and promised incomes end up being undocumented migrant workers...
Malaysiakini has raised many MIGRANT worker related wrongdoings - but sadly the State has yet to take significant actions. Politicians have been accused of fraud/abuse of power but alas not much changed. Remember, our DPM Zahid Hamidi also faced charges concerning migrant workers - but was acquitted after the HC determined that a prima facie case was not made out - Prosecution appealed, by PP Dusuki withdrew the appeal barely a month after appointment. Many would have preferred that the Court of Appeal had heard the appeal, and decided whether the High Court had ERRED in acquitting Zahid, or confirmed the correctness of the HC decision.
Zahid faced 33 counts of graft for allegedly receiving S$13.56 million (RM43.39 million) from UKSB to facilitate the award of a contract for a foreign visa system (VLN) and one-stop services (OSC) in China, and the extension of the contract to 2025. These charges were framed under Section 16(A)(B) of the MACC Act.
Human Resource Minister Steven Sim is RESPONSIBLE for all workers, including migrant workers, in Malaysia BUT he has yet to do MUCH - The biggest problem is the ACCESS TO JUSTICE for migrant workers, and the lack of access and law enforcement have allowed many employers to get away with violation of worker rights in Malaysia...
How did the 96 managed to fight in court? Because they were lucky to have subsequently employed by another employer allowing them to continue to fight for justice - BUT what happens to thousands other who were forced back to their country, who were 'forced' into becoming undocumented workers, who failed to meet lawyers who will take up their cases,,
The workers have since secured jobs with the multinational shipping giant Maersk.
AND, why has these COMPANIES still not been CHARGED for the crimes they committed...
And NOTE that the company did not pay after the Labour Court decision - but appealed to the High Court....Will they now APPEAL to the Court of Appeal. Has the workers received the monies - or is it still just a 'paper' judgment?
Human Resources Minister Steven Sim has hailed the two lawyers who worked pro bono to help 93 migrant workers secure back pay as heroes.
He also welcomed the High Court decision, which upheld a Labour Court ruling awarding over RM760,000 to the workers, who were left stranded without jobs upon arriving in Malaysia in 2023.
"To the legal team involved - not all superheroes wear capes. Thank you," he said on X yesterday.
He was responding to a Malaysiakini article, highlighting how one of the lawyers, Sahain Nada Puthucheary, was moved to tears over their success.
Sahain had represented the migrant workers together with Joachim Xavier.
Fraud exposed
The workers’ plight was revealed in Malaysiakini’s worker quota fraud exposé in November 2023, which alleged that a migrant recruitment syndicate of six Malaysian companies had brought in hundreds of workers using fake documents and by exploiting loopholes in the government’s system.
Collectively, the companies had allegedly applied for more than 4,000 workers but received approval for 1,625. Many of the migrant workers arrived in January 2023, only to find no jobs waiting for them.
One of the companies was Aecor Innovation Sdn Bhd - which the Shah Alam High Court ruled against on Thursday.
READ MORE: How migrant quota fraudster hides behind shell companies, bigwigs
In the decision, the High Court ruled that employers cannot treat migrant workers as a “reserve labour pool” or a standby workforce.
The RM760,000 award includes RM120,000 for unlawful deductions for phone bills, bedding, gear and cleaning costs.
Each worker will receive unpaid wages ranging from RM2,000 to RM11,000.
In a statement on Sunday, Sim lauded the court ruling, which vindicated the Human Resources Ministry's position that he set in January 2024, that all employers bringing in migrant workers need to pay them starting from when they arrive in Malaysia, regardless of whether there is work to do.
He reiterated that if there is no work, then employers should not have brought in the workers. Malaysiakini, 3/11/2025
Summary
Shah Alam High Court upholds a labour court decision to award over RM760,000 in back pay to 93 migrant workers who were left stranded without jobs upon arriving in Malaysia.
Judge Narkunavathy Sundareson says employers cannot treat migrant workers as a ‘reserve labour pool’ and that this view was “absolutely wrong”.
She also rejects the employer’s argument that salary payments were conditional on actual work performed.
The Shah Alam High Court yesterday upheld a Labour Court ruling last year awarding over RM760,000 in back pay to 93 migrant workers who were left stranded without jobs upon arriving in Malaysia in 2023.
In her verdict, judge Narkunavathy Sundareson said employers cannot treat migrant workers as a “reserve labour pool” or a standby workforce.
“This view is absolutely wrong,” she stressed.
Narkunavathy also affirmed the Labour Court’s decision to award unpaid wages - ranging from RM2,000 to RM11,000 - to each worker.
“The terms of the contract are explicit - the workers will not be treated as stock and paid as and when they work.
“The workers will get paid from the date of their arrival in Malaysia,” she said, rejecting the employer’s argument that it was not liable to pay salaries upon the workers’ arrival.
Speaking to Malaysiakini, the workers’ counsel Joachim Xavier and Sahain Nada Puthucheary, who served on a pro bono basis, said the award includes RM120,000 for unlawful deductions for phone bills, bedding, gear and cleaning costs.
The court case is linked to a Malaysiakini exposé in November 2023, where companies used false documents to get hundreds of quotas to import migrant workers from the government.
READ MORE: Migrant worker import quota won via fake deals, then traded for millions
The employer, Aecor Innovation Sdn Bhd, had appealed against the earlier Labour Court ruling, arguing that the contracts were invalid as they required salaries to be paid before work permits were issued.
The employer also claimed the workers failed to prove their case since only seven testified while the rest relied on statutory declarations - a practice permitted under the Employment Act.
The company also alleged that the Labour Department failed to consider its defence.
‘Stay the course’
One migrant worker, who was present in court but declined to be named, said he was overjoyed with the outcome.
He also urged other migrant workers pursuing cases with the Labour Department to stay the course.
“InsyaAllah, if you don’t make mistakes in the (legal) process and with unity and our diversity, you will win the case,” he said.
All 93 workers affected have since secured jobs with the multinational shipping giant Maersk.
Migrant worker quota fraud
In 2023, Malaysiakini’s investigations found that an alleged migrant recruitment syndicate involving six Malaysian companies had brought in hundreds of migrant workers using fake documents and had exploited loopholes in the government’s system.
However, the alleged mastermind remained hidden behind shell companies or firms registered under other individuals, leaving no money trail linking him directly to the operations.
Workers from two of the six companies - Puncak Jupiter Management Services Sdn Bhd and Aecor Innovation - lodged police reports the same year.
However, the police found no evidence of cheating under the Penal Code.
Aecor Innovation was also among the six firms investigated by the police after a suspect was arrested over allegations of involvement in a migrant worker recruitment scam.
The other companies named were Star Domain Resources Sdn Bhd, QL-marketing Sdn Bhd, GTM Marketing, and Buloke Holdings Sdn Bhd (Maxim).
Collectively, the six companies had applied for more than 4,000 migrant workers but received a quota approval of 1,625 workers - who started arriving in January 2023 only to find no jobs waiting for them.
Some of the workers who had been recruited under the six companies resorted to moving around Malaysia with all their belongings like vagabonds seeking employment. - Malaysiakini, 1/11/2025
Summary
After securing RM760,000 for 93 workers, lawyer Sahain Nada Puthucheary fought back tears of joy.
It is his first labour case, and one that changed how he saw the law’s human side.
He says the verdict restores faith in the rights and dignity of migrant workers.
It’s usually the workers who get emotional when a court rules in their favour, however, this time it was their lawyer who got choked up after successfully helping 93 migrant workers find justice.
The workers’ pro bono lawyer, Sahain Nada Puthucheary, held back tears of joy as he shared how he and colleague Joachim Xavier fought and won more than RM760,000 in back pay for former Aecor Innovation Sdn Bhd workers.
“I feel happy that they got what they were promised and they know that nobody can cheat them.
“Or if they do get cheated, they have the right to make it right. That's most important - that they know their rights are respected,” the 28-year-old told Malaysiakini.
Yesterday, the Shah Alam High Court affirmed a Labour Court decision last year that Aecor Innovation owed the workers back wages. The company had appealed the earlier ruling.
Sahain, a senior associate at Xavier and Koh Advocates and Solicitors, said this was his first labour case since starting practice three years ago.
He recalled how the toughest part was not the paperwork, despite going through nearly 100 employment records to prove the workers’ right to be paid, but understanding the workers’ daily struggle to survive.
“Understanding where they were coming from was the hardest part for me because I’ve never seen how they live - how they get food, gas to cook.
“I didn’t know any of this, but through this case I learned a lot,” he said.
The workers’ plight was revealed in Malaysiakini’s worker quota fraud exposé in November 2023, which alleged that a migrant recruitment syndicate of six Malaysian companies had brought in hundreds of workers using fake documents and by exploiting loopholes in the government’s system.
READ MORE: How migrant quota fraudster hides behind shell companies, bigwigs
Collectively, the companies had allegedly applied for more than 4,000 workers but received approval for 1,625. Many of the migrant workers arrived in January 2023, only to find no jobs waiting for them.
Workers from two of the six companies, Puncak Jupiter Management Services and Aecor Innovation, lodged police reports that year, but investigations found no evidence of cheating under the Penal Code.
Yesterday, the Shah Alam High Court ruled in favour of 93 workers, awarding costs and more than RM760,000 in total claims, including RM120,000 for unlawful deductions for phone bills, bedding, gear and cleaning costs.
Each worker will receive between RM2,000 and RM11,000 in unpaid wages after the High Court rejected Aecor Innovation’s argument that salaries depended on actual work performed.
After the judgment, Sahain explained the court’s decision to two workers representing the group.
“You work RM1,500 for one month, you get RM1,500 for one month. If you did overtime, you get overtime. That is what this court is saying.
“Nobody can say you need to wait for your work permit or you need to deduct (salary) because you messed up the bed.
“The Labour Department is correct and you are all also correct for asking for your money. So all 93 of you did something very brave. You all fought for your rights and today the court is telling you, you are correct for fighting,” he said.
The workers have since secured jobs with the multinational shipping giant Maersk.
Migrants not ‘stock labour’
In her decision, High Court judge Narkunavathy Sundareson agreed with the Labour Court that employers cannot treat foreign workers as a “reserve labour pool”, calling the notion “absolutely wrong.”
Sahain said he had read out the same passage that Narkunavathy cited during his closing submission in court because it captured precisely how migrant workers continue to be treated today.
“They use them as stock. It makes absolutely no sense to bring people in and just have them wait for you to have the opportunity to make money.
“Nobody comes from another country just to do that,” he said.
One worker, who declined to be named, said he was overjoyed and urged others pursuing cases with the Labour Department to persevere.
“InsyaAllah, if you don’t make mistakes in the (legal) process and with unity and our diversity, you will win the case,” he said. - Malaysiakini, 1/11/2025
No comments:
Post a Comment