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

National Worker Protection Policy, Public Transport Policy - not 'Car Policy'

Automotive policy - for car owners - well, PKR and Pakatan can have a new policy - but really there are so many other matters that need to be priority.... and, one of this is a new Worker Policy (or Labour Policy). Elements of this new labour policy should include...

1 -  Permanent Regular Employment until retirement age for all workers. The trend of employing workers on short-term employment contracts must end, or severely restrained. When the work is part of the core operations, perennial in nature (or on-going work),etc - workers employed must be regular workers - not short-term contract workers, not workers of sub-contractors, not workers of 'contractors for labour'.... Employment security is a priority and a basic right for all workers - and it is essential for the well-being and welfare of workers in their family. What use talking about increased retirement age, better maternity benefits, etc...when workers employed on the basis of short-fixed term contracts can so easily be denied all these rights..

In India, The Contract Labour (Regulation And Abolition) Act, 1970, in brief, disallows principals from using 'short-term contract employees or workers' when:- (a) The work is perennial and must go on from day to day; (b) The work is incidental to and necessary for the work of the factory; (c) The work is sufficient to employ considerable number of whole time workmen; (d)  The work is being done in most concerns through regular workmen..." F

The said Act stipulates that the principal/owner of the workplace shall be the Principal Employer, and it also places obligations on the Principal. For example, “The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorized representative of the Principal Employer...”. As a matter of interest, there is a provision in that Act that states that,  “The contract labour who performs same or similar kind of work as regular workmen, will be entitled to the same wages and service conditions as regular workmen.”

2 - All workers must be employees of the principal/owner of the establishment that they work in. The trend of allowing principals/owners using workers, not their employees, but employees of 'contractors for labour' must end. The first step if for the repeal of the recent amendments to the Employment Act 1955 which allows the 'contractor for labour' and their practices.


3 - Minimum wages - All workers shall be entitled to minimum wages. The BN's denial of minimum wages to workers on probation (for up to 6 months) must be ended immediately. Workers on probation also need to live a decent life and there is no justification that they be denied minimum wages.... Remember, that with current employment practices in Malaysia, these probation workers unlike in the past are not just the young workers who enter the employment market after school for their first job....


4 - Probation - This is usually the period provided to employers to determine the suitability of new employees before they are confirmed as permanent regular employees - and this period need to be limited to no longer than three(3) months maximum. 3 months is long enough for any employer to access the performance and suitability of any worker. Today, some employers abuse this ...and sometime persons can be still on probation after 1 year...2 years... and this is really unfair. Their status as workers on probation also affects their other rights as workers - and this is so wrong. 


5 - Trade Unions - This is a fundamental right to ensure justice for workers - it allows workers to be united and engage with their employer on a more equal footing to negotiate better rights and working conditions BUT under the BN it is so difficult for unions to be formed.... New policy should be that any approval or recognition process must be completed not later than 30 days, for now the delay in the process many a time is caused unnecessarily by the registration/recognition process. Every workplace shall be entitled to form a trade union therein...Maybe on application, there should be immediate registration and recognition...


6 - Protection of worker rights must be a priority and violations by employers must be penalized. Now if employer does not pay overtime for 5 days, and the worker complains and he is successful be it after mediation of trial - all that the employer is required to do is pay the worker what he should have paid in the first place. The worker will also not get any compensation for cost and time wasted in pursuing the claim. This will certainly not deter employers from violating worker rights...And the BN government is happy with this - reflective of its stance of being pro-employer and anti-worker. Changes needed (1) If the worker is successful in his/her claim the errant employer shall be liable to pay three(3) times what they should have originally paid the worker PLUS also compensate the worker for transport and wages most in pursuing the claim. (2) The employer should also be liable to a FINE of not less than RM10,000 and not more than RM50,000, and the amount and the nature of the violation shall be a consideration in the determination of the fine. We need deterrent sentences to protect workers...and their families, and deter employers from violating worker rights.

7 - The equality guaranteed by the Federal Constitutions shall also apply to all workers, including those in the private sector. Now, it only applies to workers in the public sector. Today Syarikat XXY can easily discriminate workers on the basis on gender - pay women workers less than male workers, require women workers to retire at 50 while men workers can retire at 55... There is still discrimination in Malaysia when it comes to workers in the private sector - and this needs to end. 


8 - Establish a National Retrenchment Fund....maybe even a National Unemployment Fund that will be able workers who have been retrenched...and who cannot find new jobs. Many workers, when companies cease operations, suddenly find themselves being deprived of overdue wages, benefits...even termination and lay-off benefits to which they are entitled to in Malaysian law. MTUC has been suggesting this for so many years and this BN-government is just not interested in workers of Malaysia.





- well, a National Workers Policy... a National Labour Policy is what we really want and we hope that PKR (or better still Pakatan Rakyat) will tell us what their policy is .... Silence may lead to many believing that PR's policy like that of the BN may end up being a pro-employer anti-worker policy...


Alas - they are talking about 'car-policies'..... and, even then, should they not be talking about a more efficient public transport policy so that we Malaysians are not forced to buy a car or a motor-bike at all. It is the failure of BN government having a comprehensive public transport policy... that has forced many Malaysians to have to buy cars and motor-bikes just to get to work and anywhere in time... 

And, PKR did a lot of work on their car policy ---- if only, they spend more time presenting us with a National Worker Policy, National Public Transport Policy, National Social Protection Policy,.... hello - do think more about the poor, the low and middle income earners, the ordinary people... 

PKR: Our car policy will benefit existing owners

Aidila Razak 2:50PM Aug 2, 2012

PKR's proposed automotive policy will also be beneficial to car owners still servicing their vehicle loans, as they can upgrade to a better vehicle while paying the same amount in installments.
However, PKR strategic director Rafizi Ramli said existing car owners can only benefit from the proposed policy if they upgrade to a new car.

This is because the proposed automotive policy would cause a depression in the second hand car market once excise duties are removed.

To illustrate how the scheme may be beneficial, Rafizi uses the example of a person paying RM600 in installments and still owes a bank RM40,000 for a car.

Once excise duties are removed, the hypothetical car value would  drop to RM25,000 and thus, by selling it in the second hand market, the owner will suffer a loss of RM15,000.

However, if the owner trades in his vehicle and upgrades to a better vehicle, lower market prices would mean that he can purchase a much better one for RM40,000 for the same monthly installment of RM600.

"So rather than paying RM600 a month for a Proton Saga, I'd rather pay RM600 for a Honda," he told Malaysiakini after a press conference to detail the nuts and bolts of the proposed automotive policy.

The second hand cars will later be exported, said PKR de facto leader Anwar Ibrahim at a press conference earlier.

"The export of second hand cars to new markets is expected to create new income for the government," he said.

To encourage a second-hand export industry, Anwar said that incentives will be given to those who set up reconditioning and upgrading facilities for used cars for export purposes.

Plugging RM8 bil revenue loss
 Besides the second hand export market, he said loss of RM8 bil a year in revenue from the scrapping of the excise tax can be recouped through:

• Implementing a three tier bidding system for approved permits to import cars, expected to return RM2 to 3 billion a year until the 2015 deadline;

• A rise in sales and income tax of about RM1 to RM1.5 billion a year, as consumers now have RM8 bil more in their pockets through cheaper car prices; and,

• Reduction in ad hoc expenditure and allocation for the Prime Minister's Department.

Anwar also gave the assurance that the proposed policy will not render automotive sector workers jobless.

“The policy does not guarantee advantage for any quarter. This is important to ensure that the job opportunities for the sector grow through the entrance of more international automotive firms,” he said.

He added that local car manufacturers will ,however, be offered a special incentive to upgrade the quality of the cars in order to compete with the international carmakers locally and abroad. 

He added that the policy also considers the need for a comprehensive public transport, with the focus on making Malaysia the most public transport friendly nation in south east asia in 10 years.

This includes restructuring Keretapi Tanah Melayu Bhd and the rail systems in the long run, while upgrading the bus systems in the short run.

He said that Pakatan does not intend to review all existing agreements on transport, including the MRT and LRT, unless found to not be in the public interest.

Incentives will also be accorded  companies which manufacture environmentally friendly vehicles in Malaysia.

Anwar also explained that this is PKR's policy to be presented to its Pakatan partners. - Malaysiakini, 2/8/2012, PKR: Our car policy will benefit existing owners

Exploited abused workers building Malaysia's new Palace?? Shameful that UMNO-led BN government is allowing this...

Workers building the new palace for the Malaysian King are being exploited...this is an embarrassment. (see media reports below.)

UMNO-led BN government is, I believe, really pro-employer pro-big businesses ....and not pro-workers. Over the years, this government has, by their actions and omissions, demonstrated that they are  not concerned about worker rights or welfare. Under present laws and policies, it makes it so easy for employers to not only exploit workers.. but to get away scot-free. This applies to all workers in Malaysia - both local and migrant workers. We have a law that when a unionized worker gets wrongfully terminated by the employer, that worker is no longer a member of the union - and as such cannot hope for the assistance of the workers' union at the time the worker most needs it. [The Malaysian Trade Union Congress have been long campaigning for a repeal of this unjust provision in law.]

Labour suppliers....sub-contractors...outsourcing companies... - this has all made workers weak...unable to unite against a common employer. Further, it also 'blurs' the worker-employer relationship as currently enshrined in labour laws... ["...more than 1,000 migrant workers from Indonesia, Bangladesh, Nepal and Vietnam hired by more than 130 sub-contractors..." This means less than 10 workers per 'employer', in fact  about 7.69 per 'employer' - is this number even enough to form a trade union? Divide...and oppress.

In the construction industry, it may make sense having to sub-contract different parts of the contract, i.e. one for the electrical people, one for the water/sewage systems, one for the elevators/lifts, one for those doing the tiling works, etc... but sadly the same thing is happening in the factories as well. 

The factory owners...or the main contractor...just turns around and say that they are not the employers...and that they own no obligations to the sad workers. What about occupational health and safety...? 

Living conditions of workers - Malaysia still does not have any law that stipulates the minimum standard of temporary housing for workers at construction sites... or even housings that is provided by employers in factories..for workers (migrant workers usually)... Why don't we have a regulation/law stipulating minimum housing standards...and food requirements? We have needed such laws for a very long time now...

Even, when there are laws stipulating worker rights - what happens when the worker tries to claim his/her rights  - they lose their jobs... and, in the case of migrant workers, they may even get arrested, detained and deported without getting paid their wages, etc... [Unscrupulous employers call the police, RELA...and they come arrest the migrant workers. Why? Because the migrant workers cannot show their passports and/or their immigration work passes...as their employer (or sub-contractors...or agents) are wrongfully holding on to these documents. Since the worker is a trouble maker for claiming rights, the employer just do not go get them out...and they languish in the detention centers,...sometime even get whipped...and deported.]. See recent media statement about this:- STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE - MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT WORKER WHO COMPLAINED TO LABOUR DEPARTMENT

Shouldn't Labour Department officials be making spot-checks at places of work to ensure that worker rights are being protected...and that employers are following the law. They do not generally ... but if they do, then more likely workers may get their rights reducing the risk of being terminated..discriminated against when they themselves go and make the complaint.  Now, in this palace case....the Minister has assured us that he will investigate. Will they?

KUALA LUMPUR: Many foreign workers hired to build the new RM800mil Istana Negara claim they have not been paid over the last three months despite working seven days a week.

Living in fear and frustration, the workers alleged they were exploited and cheated and held to ransom by their employers because many of them do not have work permits.

There are more than 1,000 migrant workers from Indonesia, Bangladesh, Nepal and Vietnam hired by more than 130 sub-contractors who are involved in the Jalan Duta palace project.

Most of them stay in kongsi or long wooden houses near the construction site.

Eating sparingly: Workers having a meal at a stall in the kongsi during lunch time. Some claim they only have one meal a day.

According to workers interviewed by The Star, some employers threatened to call the police when they persisted in asking for their wages.

Several workers even claimed they were harassed by the police and Rela officers and that their possessions like mobile phones, cigarettes and canned drinks were confiscated.

When contacted, Human Resources Minister Datuk Dr S. Subramaniam said he would ask the Labour Department to investigate the matter and take immediate action.

Indonesian Punawi, 32, who does plastering work, said he had not been paid for five months and barely had any money left for food.

“I only manage with one meal a day and that’s because the foodstall owner allows me to eat on credit. My work permit has expired and I don’t have RM3,000 to renew it,” he added.

Jatim, 37, said their employer would hold back their wages for three to four months and they would subsequently be paid a month’s salary.

Some employers, he claimed, would extend loans of RM50 to RM100 per week to the workers, leaving them in debt.

Jatim’s wife, Salimah, 32, who lives with him at the kongsi near the construction site with their five-month-old baby, said they often lived in fear of police raids.

“Each time there is a raid, I grab my baby and run. Some of us have to spend the night in the jungle to escape the authorities.”

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said the last police raid took place several months ago to flush out illegals squatting in the jungles.

“Perhaps another agency was involved in the recent raids. If the allegations are true, the workers can come and see me and I will do what I can to help,” Wan Abdul Bari said.

Bukit Aman CID Director Comm Datuk Seri Mohd Bakri Zinin said police would take take stern action against the employers if the workers’ claims were found to be true.

“We will also investigate the workers’ claim that policemen roughed them up during raids,” he said.

He urged the workers to come out of hiding and lodge police reports in order for justice to be done. - Star, 27/6/2010, Migrant workers claim they’re being held to ransom by bosses

KUALA LUMPUR: Many foreign workers hired to build the RM800mil Istana Negara claim that they have not received three months’ wages from some project sub-contractors.

There are over 1,000 migrant workers hired by 130 sub-contractors working at the project site.

The Star, responding to an SOS call, visited the site in Jalan Duta and found the workers living in frustration and fear as many do not have work permits or cannot afford to renew their permits which have expired.

Foreign workers seen at the construction site of the new palace in Kuala Lumpur recently. The workers allege that they are being exploited and held to ransom by their employers because many of them do not have work permits. — SAMUEL ONG / The Star

The project’s main contractor, Maya Maju Sdn Bhd, said it is the responsibility of the sub-contractors to pay their workers.

The Human Resources Ministry has asked the Labour Department to investigate the matter and take immediate action while the police has asked the workers to come forward to lodge complaints. - Star, 27/6/2010, Foreigners hired to build palace claim they have not been paid

KUALA LUMPUR: The main contractor for the new Istana Negara project claims it is the responsibility of the sub-contractors to pay their workers.

When The Star visited Maya Maju Sdn Bhd’s site office in Jalan Duta, Kuala Lumpur, project manager Abdul Razak Mat Yunus said they paid their contractors on time and it was up to them to pay their workers.

Maya Maju’s contract is worth almost RM650mil, while the building of an elevated highway to the main entrance of the palace, awarded to Ahmad Zaki Sdn Bhd, costs RM130mil.

Abdul Razak referred the matter to the Public Works Department, adding that only the department could give an official comment on the issue.

At the PWD site office, construction manager Aidzil Adzahar Ahmad, however, said Maya Maju was responsible for the workers and the department was merely overseeing the project on behalf of the Government.

“It is their project,” he said, adding that he was unaware of workers being abused and not getting paid.

Human rights lawyer N. Surendran said these migrant workers were “tied” to their employers who would hold on to their passports.

“Such workers do not have much say or means to complain if they are not given what has been promised to them,” he said.

He said that if a worker dared to question his boss, his employment could be easily terminated and he could be sent back to his home country. The worker, he said, would have spent a lot of money to come here to work.

“Many are desperate to earn money and help their families back home. For fear of deportation, they are forced to abide by the circumstances that they are in.”

Although, the Malaysian labour law also applies to foreigners, there is always the practical problem.

“They are put in a tight situation. Lodge a complaint and the employer cracks down on you, terminates your employment and you’re sent back to your country. So there is no real protection.

“Eventually there is no one to turn to and that is why workers put up with the conditions they are in.” - Star, 27/6/2010, Firm: Workers usually paid by sub-contractors

Merdeka Review published our statement in Chinese. For original statement in English, see earlier post:-STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE - MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT WORKER WHO COMPLAINED TO LABOUR DEPARTMENT

It is hoped that we get more coverage in the media as this is a fundamental issue that concerns all workers in Malaysia. What use is rights enshrined in law, when the worker gets terminated/discriminated against the moment he takes steps to claim his rights using the proper channels as provided by law. There must be law protecting workers from termination, etc...when they exercise their labour rights.

When a worker makes unlawful deduction of wages, fail to pay overtime, etc and the worker complains - at the end of the day, if the worker is successful, what he gets is what his employer should have given the worker but did not. This is bad, as 'smart' employers will continue to cheat workers knowing always that even if the worker complains, what the employer has to fork out at the end of the day is only what he should have but did not pay. There should be a further large fine imposed on the employer by the State, and maybe also an additional award of damages of a significant sum that the employer should pay the worker. That would deter employers from cheating workers.

无理开除争取员工权利外 劳
65组织联署谴责Maxter公司

作者／本刊记者 Jun 11, 2010 04:41:32 pm
【本刊记者撰述】65个关注外 劳和工人权利的海内外组织团体，联署谴责Maxter手套制造私人有限公司无理开除争取员工权利的缅甸籍外劳，并呼吁政府修改宪法，保障员工利益。
这65个联署组 织包括国民醒觉运动（Aliran）、马来西亚职工总会（MTUC）、马来西亚人民之声（SUARAM）、马来西亚人民党（PRM）、雪兰莪自强协会 （EMPOWER）、雪兰莪及联邦直辖区社会协会（PERMAS）等。
他们在联署声明中所指，本地上市公司速伯玛（Supermax）旗下 位于雪兰莪州巴生的独资子公司Maxter手套制造私人有限公司（Maxter Glove Manufacturing Sdn Bhd），开除一名为了争取工人权利而勇于向劳工部投诉的缅甸籍外劳杜茂（Thu Maung）。
65个联署团体指出，在马来西亚，前往劳 工部投诉雇主不当对待和争取员工权利，是合理与合法程序，雇主不应该个别对待或甚至开除行使法律权利的员工，更不能够在员工权利受侵犯时，阻止抑或威胁员 工寻求法律途径解决问题。
Maxter手套制造私人有限公司是一家手套制造商，出口有粉乳胶检验手套、 无粉氯化乳胶手套、丁腈半浸手套（Nitrile gloves）和无菌手术手套。母公司速伯玛为主板上市公司，每年生产160亿片胶手套，去年税后盈利达1亿2600万元。

三 度投诉雇主剥削员工
在2010年3月23日，杜茂和另一名共事的缅甸籍外劳，到梳邦再也劳工局作投诉，指证雇主：
（一） 从员工薪水中无理扣除雇主聘请外劳原需支付的征款。
（二）从员工薪水中不正当扣除高达1000元的医疗体费用。
（三）不合法保留两个月薪 水。
（四）无法提供外劳膳宿。
（五）不让员工周休一天。
（六）要求员工超时工作（有时候一天内超过13小时），甚至包含公共假期 和休息日，同时没有依据法定费率支付超时和假日工作的薪水。
当天，他们两人亦曾向马来西亚人权委员会（SUHAKAM）投诉。过后在4月 12日，杜茂前往万挠劳工局作了详细投诉，而该劳工局因雇主地址位于巴生区，而把此事转交到巴生港口的劳工局处理。
据杜茂的说法，向梳邦再 也劳工局作出投诉大约一个月后，公司的代表们开始威胁个别员工，要他们说出谁到劳工局投诉，以及他们是否随行者。
联署组织谴责雇主威胁员工 的手法令人气愤，足以对员工造成恐慌和阻止他们索求自身员工权利。
在4月28日，杜茂的公司主管突然要杜茂交还员工证件，并叫他不需要再来 上班。
联署声明指出：“杜茂遭不正当开除，同时他相信这是起源于本身曾经前往劳工局投诉，更被当作是索求自身权利员工的首领。”
他 们表示，当员工是一名外劳，开除就意味取消工作签证，并要遣返回国，而这也意味他们无法到劳工局、劳工法庭、工业关系部门、工业法庭或民事法庭追讨他们的 权利，因为投诉者已经不在。

要求复职并赔偿
据悉，马来西亚采用于超过200万名外劳的现 有法律未经修改，无法保障索取本身权利的员工，是否受到不合理开除和遣返。
在《1967年工业关系法令》（Industrial Relations Act 1967）的第五条款言明，若员工有意组成、加入或鼓励其他员工加入职工会，雇主不能够偏袒、威胁、开除或不合理对待员工。
可 是，没有类似清楚说明的法律条款，保障透过劳工部或其他相关机构索求本身权利的员工。
“针对杜茂的事 件，我们要求他在没有任何利益损失的前提下马上获得复职。我们呼吁速伯玛执行主席兼集团董事经理郑金森，确保旗下子公司Maxter手套制造私人有限公 司，对待杜茂及其他与员工的错误行为能够告一段落。”
联署组织也要求，该公司支付员工之前不当扣除、无理保留及超时的薪水。同时，他们还呼 吁马来西亚政府进行所需的法律修改，避免雇主剥削员工，并保障员工可以索偿其权利。
“我们亦呼吁马来西亚政府，确保所有外劳可以继续合法留 在国内工作，直到他们在劳工部、劳工法庭、工业关系部门、工业法庭或民事法庭的案件和上诉获得处理。”

When trying to access justice causes workers to get terminated/discriminated against...

When the Employment Act 1955, which provides basic worker rights, provides no protection to the worker who go and try to claim rights by lodging complaints at the Labour Department/Office, it really makes guaranteed worker rights in Malaysia a 'sham'.

When the worker who has not been paid his due wages according to law, who has not been paid overtime rates as stipulated in the law, who have had the employer make wrongful deductions  from their wages, etc.... goes to lodge a complain at the labour department - there is nothing that protects the worker from being discriminated against...or even terminated by the employer.

Hence, most workers in Malaysia suffer the exploitation and oppression by the employer, that blatantly breaches Malaysian employment laws by reason of fear...fear of negative repercussions/reactions by the employer...which can also include termination.

There are some provisions in Malaysian law that clearly prohibits the employer from reacting negatively, that is the Industrial Relations Act 1967 - which deals with workers wanting to form unions, join unions, encourage others to join unions, etc....

5.  Prohibition on employers and their trade unions in respect of certain acts.

(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall -

(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;

(b) refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;

(c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;

(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman -

(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or
(ii) participates in the promotion, formation or activities of a trade union; or

(e) induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person.

(2) Subsection (1) shall not be deemed to preclude an employer from -

(a) refusing to employ a person for proper cause, or not promoting a workman for proper cause or suspending, transferring, laying-off or discharging a workman for proper cause;

(b) requiring at any time that a person who is or has been appointed or promoted to a managerial, an executive or a security position shall cease to be or not become a member or officer of a trade union catering for workmen other than those in a managerial, an executive or a security position; or

(c) requiring that any workman employed in confidential capacity in matters relating to staff relations shall cease to be or not become a member or officer of a trade union.

This is good - but there is no similar provisions that protects workers who complain to the the Labour Department/Office (i.e. the Director General). The procedure to access justice for workers is clearly laid out in the Employment Act. As an example see section 70. But, when workers utilize the procedure, they run the risk of being terminated by their employers... and it even worse for the migrant worker (I'll elaborate below)

70.  Procedure in Director General's inquiry.
The procedure for disposing of questions arising under sections 69, 69B and 69C shall be as follows:

(a) the person complaining shall present to the Director General a written statement of his complaint and of the remedy which he seeks or he shall in person make a statement to the Director General of his complaint and of the remedy which he seeks;

(b) the Director General shall as soon as practicable thereafter examine the complainant on oath or affirmation and shall record the substance of the complainant's statement in his case book;

(c) the Director General may make such inquiry as he deems necessary to satisfy himself that the complaint discloses matters which in his opinion ought to be inquired into and may summon in the prescribed form the person complained against, or if it appears to him without any inquiry that the complaint discloses matters which ought to be inquired into he may forthwith summon the person complained against:
Provided that if the person complained against attends in person before the Director General it shall not be necessary to serve a summons upon him;

(d) when issuing a summons to a person complained against the Director General shall give such person notice of the nature of the complaint made against him and the name of the complainant and shall inform him of the date, time and place at which he is required to attend and shall inform him that he may bring with him any witnesses he may wish to call on his behalf and that he may apply to the Director General for summonses to such persons to appear as witnesses on his behalf;

(e) when the Director General issues a summons to a person complained against he shall inform the complainant of the date, time and place mentioned therein and shall instruct the complainant to bring with him any witnesses he may wish to call on his behalf and may, on the request of the complainant and subject to any conditions as he may deem fit to impose, issue summonses to such witnesses to appear on behalf of the complainant;


(f) when at any time before or during an inquiry the Director General has reason to believe that there are any persons whose financial interests are likely to be affected by such decision as he may give on completion of the inquiry or who he has reason to believe have knowledge of the matters in issue or can give any evidence relevant thereto he may summon any or all of such persons;

(g) the Director General shall, at the time and place appointed, examine on oath or affirmation those persons summoned or otherwise present whose evidence he deems material to the matters in issue and shall then give his decision on the matters in issue;

(h) if the person complained against or any person whose financial interests the Director General has reason to believe are likely to be affected and who has been duly summoned to attend at the time and place appointed in the summons shall fail so to attend the Director General may hear and decide the complaint in the absence of such person notwithstanding that the interests of such person may be prejudicially affected by his decision;

(i) in order to enable a court to enforce the decision of the Director General, the Director General shall embody his decision in an order in such form as may be prescribed.

When it comes to a local worker, who gets terminated by reason he has complained to the Labour Department/Office - he can go and find another job. In the case of migrant workers, their work passes limit their employment to that particular employer. Once terminated, the migrant worker cannot just simply go and work with another employer - he needs to get his work-pass amended so that he can be employed by another (But, the Malaysian government do not exercise this discretion generally, and the migrant worker will not have the ability to to work and earn legally in Malaysia after termination. This law must change.).

The migrant worker is allowed to be in Malaysia by reason of his work-pass. After termination, the employer will usually inform the Immigration Department, and cause the work-pass to be canceled, and  the migrant worker will have to leave Malaysia.

What about his worker rights? What about his complaint at the Labour Department? Well, the procedures are such that the complainant's physical presence is required for process to continue. If the worker complainant has been forced out of Malaysia, then that is the end of the complaint - and the errant employer gets off scott free. Sadly, the worker that demanded his rights is the victim...not just of the employer, but also of bad Malaysian laws and practices. 

All these promotes an environment that encourages employers to oppress and exploit workers, with no respect even to Malaysian laws and justice...and this is something that we need to do something about.

There must be a law that prevents employers from being able to terminate, discriminate against workers who lodge complaints against them at the Labour Department/Office, etc..

Pay RM30,000 in cost because you took the government to court? What is the message that the courts are giving the Malaysian public?

The Malaysian courts, since the rise of Zaki Azmi as the head of the judiciary, is becoming more and more inaccessible to the poor...and 'poorer' Malaysians. [Zaki Azmi - a former UMNO lawyer, Early September 2007 - Lawyer to Federal Court Judge, December 2007 - Appointed the President of the Court of Appeal (No.2 in the Malaysian Judiciary), October 2008 - Appointed Head of the Malaysian Judiciary] - see earlier posts Fight Corruption in Courts - Get rid of corrupt Judges and court staff...and Zaki Azmi ] 

Who can afford paying costs of RM50,000....and RM30,000, if and when they lose in court? Already, they would have had to pay their lawyers...and now Malaysian courts at the highest level is setting a very bad precedent...maybe, it is a step being taken to 'clear the backlog' - deter ordinary people from taking up matters to the court.

In cases against the government and/or government agencies taken up by persons claiming their human rights, surely cost payable, in the event they lose, should be really nominal - not more than RM500-00....or just no order as to cost. These are also cases of public interest - and helps clarify the rights of persons with regard the government...police, MACC, etc... [Things are also changing in Malaysia as it seems that 'no one can win against the government'...]

Kajang municipal councillor Tan Boon Wah against the Malaysian Anti-Corruption Body - the question was whether the MACC can question a witness 'around the clock'...for 24 hours. The  Lock-up Rules, which protect suspects from further interrogation between 6.30pm and 6.30am...but the Court of Appeal (and the Federal Court) seems to say that witnesses can be investigated round the clock...Matter of public interest and human rights? I think so...and hence 'penalizing' Tan by having him pay RM30,000 is wrong ...so wrong. [Councillors get about RM1,000 per month - 2 1/2 years allowance, mmm ]

They also unanimously awarded the cost incurred in the Court of Appeal and Federal Court, a total of RM30,000, to the MACC.- Malaysiakini, 20/5/2010, Federal Court: MACC can interrogate witnesses after office hours

Abdul Malek Hussein was a ISA detainee [detention without trial]. He came to court alleging that his detention was unlawful, and that he had been tortured. The High Court was with him and awarded RM2.5 million in damages. But, the Court of Appeal overturned the High Court decision, and asked Malek to pay RM50,000 in cost..[ see earlier post:- As expected, Court of Appeal overturned RM2.5 million judgment favouring Malek Hussein....]

 Following the decision, Abdul Malek is not entitled to get any monetary award but was instead ordered by the appellate court to pay RM50,000 in costs..- Malaysiakini, 25/3/2010, Ex-ISA detainee loses RM2.5 mil court award

The Malaysian Bar did come out after the Malek's decision and say:- "...We are surprised that the Court of Appeal appeared to overturn findings of fact made by the trial judge, who saw the witnesses and heard their live testimony.  Furthermore, the order of costs of RM50,000, especially against a victim of the ISA, is exorbitant, and punitive in nature..." (see earlier post: "Pay RM50,000" - Are the Malaysian Courts sending a message to us? Do not challenge the government...???)

The Federal Court today declared that witnesses can be interrogated by the Malaysian Anti-Corruption Commission (MACC) beyond office hours.

The three judges, Abdull Hamid Embong, Mohd Ghazali Mohd Yusoff and Heliliah Mohd Yusof, came up with the unanimous decision after spending about 35 minutes in the chambers.

However, they did not give the grounds of their judgement, saying that they will deliver it "later".

They also unanimously awarded the cost incurred in the Court of Appeal and Federal Court, a total of RM30,000, to the MACC.

Senior federal counsel for MACC Amarjeet Singh, in his submission, maintained that the Court of Appeal's judgement, which had said that restricting the time of examination to normal office hours would create absurdity, and would not promote the purpose of the MACC Act.

"The importance of prompt and unimpeded investigation would promote the purpose of the Act.

"The apex court has always recognized the importance of investigation as not only as being in the interest of the public, but also in the interest of justice even when the fundamental rights of an individual is at issue," he told the court in Putrajaya this morning.

He also said that the provision in the act, sections 30(1)(a) and 30(3)(a) confers a power on the officer investigating an offence to require the attendance of any person to assist in investigations.

"This provision is in line with promoting the purpose of preventing corruption by ensuring that the time of investigation is not restricted and takes place as and when the occasion requires," he said.

"Time to carry out investigative functions ,therefore, cannot beinterpreted as being restricted to normal working hours."

'Suspects have more rights than witnesses'

However, Tan's lawyer, Karpal Singh, told the court that had the legislature intended for the term "day-to-day" when providing for interrogation of witnesses to mean continuously or without interruption from one 24 -hour day to another, it is only proper to look for some other meaning of the word or phrase.

The veteran lawyer also cited the Lock-up Rules, which protect suspects from further interrogation between 6.30pm and 6.30am.

"Witnesses should be entitled to more protection than suspects. It is the reliable evidence of witnesses which ultimately succeed in the conviction of suspects.

"If witnesses were questioned round the clock, their statements should then be inadmissible," he said.

When met outside the court, Karpal expressed disappointment.

"Now suspects have more rights than witnesses," he said, adding that there will be repercussions as witnesses will be afraid to come forward.

End of the road

He also said that it is already the end of the road for Tan as there will be no more room for review of the Federal Court decision.

Tan, had challenged the MACC's right to interrogate witnesses late at night, during which time the commission has been accused of torturing them.

Tan himself was questioned overnight at the Selangor MACC headquarters in Shah Alam on July 15 last year, together with state exco Ean Yong Hian Wah's aide Teoh Beng Hock. Teoh was subsequently found dead the next morning.

The High Court had ruled in favour of Tan, allowing the judicial review, saying that the MACC is not empowered to investigate a witness "round the clock".

 

But the decision was overturned by the Court of Appeal on Dec 17, which held that restricting the interrogation of witnesses to working hours would create an absurdity and would not promote the purpose of the MACC Act.

The judges also decided to award costs to the MACC in the civil suit filed by Kajang municipal councillor Tan Boon Wah (photo, left).

The judges also did not give their grounds, saying that they will on do so "in due course"..- Malaysiakini, 20/5/2010, Federal Court: MACC can interrogate witnesses after office hours