1Care: In Thailand Universal Healthcare - all need pay RM3 for each and every visit to the hospital

Yes, all that you need to pay in Thailand is RM3 (30 Baht) every time you visit the hospital - and nothing else. And you can go to both government and participating private hospitals. And this includes all tests and medicines.

Who funds it? It all comes from the government funds... 

Remember healthcare is a basic human right - and we must use government funds to provide universal healthcare to all in Malaysia. Malaysia spends about 7% of its money on healthcare, in comparison Thailand spends about 10-11%.

2 migrants killed and others sent to hospital - If no passport, money, insurance - will they be treated?

2 migrant workers killed and others sent to hospital. What happens to those who were sent to hospital.

....The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less...

No treatment if cannot produce passport...?

No treatment if do not pay deposit first? Note Malaysia charges migrant workers 1st class rates in public hospitals, clinics, etc...

See below a recent statement that was issued by 58 civil society groups about healthcare and health insurance...

SUBANG JAYA: A Bangladeshi kitchen hand and a Nepalese security guard died while two other foreigners were hospitalised after inhaling dangerous fumes in a manhole behind the Subang Parade shopping complex.

Subang Jaya OCPD ACP Zainal Rashid Abu Bakar said the incident occurred at about 2pm when witnesses stumbled upon the men gasping for air at the bottom of the manhole.

The Fire and Rescue Department lifted out the victims who were barely conscious after inhaling the fumes.

Helping out: Fire and Rescue Department personnel lifting out a victim who was found in the manhole near Subang Parade shopping complex Thursday.

 

According to SJ Echo, Bangladeshi kitchen hand Mohammed Momen was found lying under the three other men slumped over him. Attempts to revive him failed.

The Nepalese guard, Balinath Tah, 33, died on his way to hospital. He was believed to have responded to the distress call from the other victims.

The other two victims, a Bangladeshi and a Nepalese, have been hospitalised at the Univer­siti Malaya Medical Centre and are in stable condition.

“It is not immediately known how the victims came to be in the manhole,” ACP Zainal said yesterday.

He did not rule out the possibility that one of the victims, after being sent to investigate if there was a gas leak, fainted from inhaling the fumes.

Subsequently, others who went down the manhole including the security guards, may have also succumbed to the fumes.

Police will record statements from the survivors and witnesses.

Witnesses who were first at the scene said they saw two security guards in the manhole gasping for air when they looked into the manhole.

A Subang Parade management spokesman said Subang Parade had no scheduled maintenance work for its manholes.

“We are concerned with the incident and have launched our own internal investigations on the matter,” SJ Echo quoted the spokesman as saying.

The bodies were sent to the Universiti Malaya Medical Centre for post mortem. - Star, 11/2/2011, Two foreigners killed after inhaling dangerous fumes

Media Statement – 20/1/2011

Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

We, the undersigned 58 organizations, groups and networks are appalled that the Malaysian Government is now asking about 1.5 million migrant workers themselves, and not their employers, to buy a new Foreign Workers Hospitalisation and Surgical Insurance. If these migrant workers do not do so, the Malaysian government is threatening not to renew their work permits. The Malaysian Health Minister, Datuk Seri Liow Tiong Lai, also stated that the worker’s work permits will not be renewed if there are outstanding hospital bills. [Bernama, 7/1/2011, Foreign Workers with Insurance May Enter Hospital without Deposit]

What is worrying is that workers should never be required to pay for their treatment and necessary healthcare especially if the reason treatment is sought is a work-related or industrial accident, or some occupation-related disease.

With regard to migrant workers in Malaysia, who are required to get a clean bill of health before they enter Malaysia, and before they are given a work permit, it is only right for employers to be liable to pay for all treatment and medical charges if they do get sick in Malaysia. Further, it is generally the employer that determines where these workers must stay and work.

In Malaysia, whilst the social security of local workers are covered by the Social Security Act, migrant workers are covered by the lesser Workmen’s Compensation Act 1952, which unlike the former do not provide for continuous regular support and assistance until death for a worker who is a victim of an industrial accident or occupational disease. The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less.

It is good that the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998, extended coverage to personal injury (and death) that is sustained in an accident which occurs outside the working hours of the workman. Given this fact, there only needs to be a minimum extension of coverage to cover any remaining matters that will require treatment, hospitalization and/or surgery, and this could be done quite easily by amending the relevant Act and/or broadening the scope of the current insurance that employers already do have to buy for their foreign workers.

Malaysian Health Minister, Datuk Seri Liow Tiong Lai, was reported saying that this new insurance was to ensure that foreign workers’ medical bills in public hospitals, which to date total RM18mil, will not be a burden to the Government. (Star, 26/11/2010, Compulsory medical insurance policies for foreign workers from next year). However, this cannot be right as there should not be any outstanding migrant worker medical bills at all.

Under the Workmen’s Compensation Act, the employer is clearly liable to pay for the conveyance to the hospital, treatment, ward charges, medicines and other expenses incurred in the treatment and rehabilitation of such workmen (sec.15).  The employer is clearly liable to pay directly to the management of such hospital all fees and charges, and as such one wonders what unpaid medical bills the Minister is talking.

Further, attention also should be drawn to Workmen's Compensation Regulations 1953, in particular Regulation 18, which deals with the issue of excess fees, “A workman admitted either to an approved or a special hospital shall, where such hospital is a private hospital, himself be liable to pay the amounts of any fees or costs incurred on his behalf in excess of the maximum amounts prescribed by the Minister of Health under section 15 (3) of the Act, and, where such hospital is a government hospital, such excess amounts shall be paid from public funds.” Since, the Minister is talking about government hospitals, there is certainly no way that there exist outstanding medical bills when it comes to migrant workers.

The Malaysian pro-employer government has proceeded to further protect employers of migrant workers by limiting the maximum amount fees and cost that is payable by an employer under the Workmen’s Compensation Act. As of 1^st March 2007 (PU (A) 077/2007), this maximum liability of an employer for ward charges, including surgical ward treatment fee is RM300, for operation fees it is RM250, for X-Ray Fees it is RM100 and for other electric therapeutic charges it is RM100.

The rates stipulated are outrageously low given the fact that government hospitals and clinics charge migrant workers first class rates, and the lowest deposit for a migrant worker who needs to be warded is RM400, and if it was a surgical case, it is RM800-00. Operation charges can range from RM50 to RM3,000 depending on the type of operation. Ultrasound cost RM100. Radiology charges range from RM50-RM600. Lab charges range from RM5 to RM100 depending on the type of tests, and usually there will be quite a lot of tests needed.

But, even when the government does limit the amount that the employer is liable to pay, the excess as stipulated in Regulation 18 of the Workmen's Compensation Regulations 1953 is paid from public funds, and as such there really is no logical reason why there can ever be outstanding debt. It is really hoped that in Malaysia, the government does not expect the migrant worker to come up with the money themselves before the necessary treatment and/or surgery is done. Employers should make all the necessary payments immediately, and should thereafter do the needful to claim whatever excess payment from the public fund.

The Health Minister is naïve to insist that the migrant worker only need to provide their passport before treatment is given, as in most cases the employers and/or the agent do wrongly hold on to the passports of migrant workers. Sometimes, the passports are with immigration authorities and/or some other authorities. Hence, in the name of justice, all necessary treatment must be immediately provided to migrant workers on their arrival and registration, without insistence on the production of passport and/or payment of any large deposit. Let not the absence of a document and money be the cause of death or the loss of limbs of a migrant worker in Malaysia.

It is also very wrong to threaten to penalize the migrant worker with non-renewal of work permit, when any punishments in law should rightly be against the employer and should not in any way jeopardize the rights and the well being of migrant workers already in Malaysia.

We, the undersigned groups, hereby:-

a) Call on the Malaysian Government to ensure that all employers of migrant workers, not just those that employ domestic workers and in the plantation sector, be liable to pay for this new Foreign Workers Hospitalisation and Surgical Insurance;

b) Call on the Malaysian government to ensure that no worker would be made liable to pay for the conveyance to hospital, treatment, ward charges, medicines and other expenses following a work-related accident and/or for some occupational disease.

c) Call on the Malaysian government to repeal Maximum Amounts for Fees and Costs (PU (A) 077/2007), and ensure that employers of migrant workers be liable to pay reasonable amounts consistent with the rates imposed by the government for medical care and treatment of migrant workers at government hospitals.

d)  Urge the Malaysian government to review and remove the differential rates being charged for Malaysians and other foreigners, especially migrant workers, at government hospitals and healthcare facilities.

e)   Urge the Malaysian government to review the policy of ‘No Treatment until Production of Passport and payment of deposits”, and ensure that all who needs medical treatment and care are immediately given the said required care that will prevent loss of life and/or limbs.

Charles Hector

Pranom Somwong

For and on behalf of the following 58 organizations

Aliran

Archdiocesan Human Development Commission (AHDC)

Asia Pacific Forum on Women , law and Development ( APWLD )

Asian Migrant Centre(AMC)

Asian Migrants Coordinating Body in HK (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Indonesian Migrant Workers in HK (ATKI-HK)

Building and Wood Workers’ International Asia Pacific Regional Office (BWI-APRO)

Burma Campaign Malaysia

Cambodian Defenders Project (CDP), Cambodia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

CCC  Netherlands

Center for Orang Asli Concerns (COAC), Malaysia

Civil Right committee, Kuala Lumpur & Selangor Chinese Assembly Hall

Committee of Asian Women, CAW

Democratic Party for New Society (DPNS), Burma

Health Equity Initiatives

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

IMA Research Foundation, Bangladesh

INFID, Indonesia

Johor Textile and Garment Workers Union

Judicial System Monitoring Program (JSMP), Timor Leste

Labour Behind the Label, United Kingdom

Lawyers for Human Rights & Legal Aid, Pakistan

Legal Support for Children and Women(LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

Manggagawang Kababaihan Mithi ay Paglaya (MAKALAYA), Philippines

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Metal Industry Employees’ Union, Malaysia

Migrant Care, Indonesia

Migrant Health Association, Korea

Migrante International

Migrants Rights Council, India,

Myanmar Youth Knowledge Initiative

Network of Action for Migrants in Malaysia (NAMM)

NGOs in Myanmar Web Portal

PACOS Trust

Penang Office for Human Development (POHD)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pusat Komas

Sarawak Dayak Iban Assocoation

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

UNI Global Union-Malaysia

United Indonesians Against Overcharging (PILAR)

Verite Southeast Asia

Vietnam Committee on Human Rights, France

WARBE Development Foundation-Bangladesh

WIRDA (Women Institute for Research Development and Advancement)

Women's Legal and Human Rights Bureau, Inc. (WLB), Philippines

Workers Hub for Change (WH4C)

 

 

See also:-

58 Groups:- Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

Migrant Workers should not be charged 1st class rates at government hospitals in Malaysia

Nepali worker unncessarily dies because employer slow to act? This should stop

 

 

Free Malaysia Today - ‘Compel employers to pay for health insurance’ (21/1/2011)

 

 

 

 

 

‘Compel employers to pay for health insurance’

G Vinod | January 21, 2011 

A coalition of 58 NGOs slam the government's move to make migrant workers pay for health scheme. 

PETALING JAYA: Employers of migrant workers should be the ones contributing to the foreign workers’ hospitalisation and surgical insurance scheme instead of the workers.

“It is appalling that the Malaysian government is asking the 1.5 million migrant workers, and not their employers, to pay for insurance,” a coalition of 58 NGOs said in a press statement.

On Jan 7, Health Minister Liow Tiong Lai said that migrant workers would be made to subscribe to the newly-launched insurance scheme as coverage for work-related injuries or death.

While employers of plantation workers and housemaids are required to pay for the insurance policies, other foreign employees must pay for it themselves.

Liow said that the government would not renew the permits of migrant workers if they did not subscribe to the insurance and settle their outstanding medical bills.

Spokespersons for the NGOs, Charles Hector and Pranom Somwong, said that no foreign workers should be made to pay for their medical treatment.

“These foreigners are required to get a clean bill of health before being given a work permit to be employed in Malaysia. Therefore, the employers should be paying for their medical treatement.

They poured scorn on Liow’s statement.

“The Workmen’s Compensation Regulations 1953 clearly states that public funds would be used to pay for workers’ medical expenses should they seek treatment at a public health facility.

“Since the minister was referring to government hospitals, what outstanding bills is he talking about?” they asked.

‘Liow is naïve’

The activists said the workmen’s regulations also needed a review as the amount stipulated for medical coverage for foreign workers was out of touch with current healthcare rates.

“The regulation caps employers’ contribution for surgery at RM300. However, operation charges can vary between RM50 and RM3,000 depending on the type of surgery.”

He also called Liow “naïve” for insisting that migrant workers produce their passports to the hospital authorities before seeking treatment.

“In most cases, employers or their agents illegally hold on to the passports. Sometimes, the passports are held by immigration authorities or other agencies,” said Hector.

The activists said it was only proper that the hospitals gave priority to the individual’s health instead of nitpicking on documentation and paperwork.

“Do not let the absence of a document and money be the cause of death or the loss of a limb of a migrant worker in Malaysia,” said Hector.

Among the 58 NGOs making the call were Aliran, Malaysian Trades Union Congress (MTUC), Suara Rakyat Malaysia (Suaram), Sarawak Dayak Iban Association, Centre for Orang Asli Concerns (COAC), Mekong Migration Network (MMN), Migrant Care of Indonesia, Migrant Health Association of Korea and Asia Pacific Forum on Women, Law and Development (APWLD).

See also earlier post:-

58 Groups : Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

58 Groups:- Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

Media Statement – 20/1/2011

Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

We, the undersigned 58 organizations, groups and networks are appalled that the Malaysian Government is now asking about 1.5 million migrant workers themselves, and not their employers, to buy a new Foreign Workers Hospitalisation and Surgical Insurance. If these migrant workers do not do so, the Malaysian government is threatening not to renew their work permits. The Malaysian Health Minister, Datuk Seri Liow Tiong Lai, also stated that the worker’s work permits will not be renewed if there are outstanding hospital bills. [Bernama, 7/1/2011, Foreign Workers with Insurance May Enter Hospital without Deposit]

What is worrying is that workers should never be required to pay for their treatment and necessary healthcare especially if the reason treatment is sought is a work-related or industrial accident, or some occupation-related disease.

With regard to migrant workers in Malaysia, who are required to get a clean bill of health before they enter Malaysia, and before they are given a work permit, it is only right for employers to be liable to pay for all treatment and medical charges if they do get sick in Malaysia. Further, it is generally the employer that determines where these workers must stay and work.

In Malaysia, whilst the social security of local workers are covered by the Social Security Act, migrant workers are covered by the lesser Workmen’s Compensation Act 1952, which unlike the former do not provide for continuous regular support and assistance until death for a worker who is a victim of an industrial accident or occupational disease. The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less.

It is good that the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998, extended coverage to personal injury (and death) that is sustained in an accident which occurs outside the working hours of the workman. Given this fact, there only needs to be a minimum extension of coverage to cover any remaining matters that will require treatment, hospitalization and/or surgery, and this could be done quite easily by amending the relevant Act and/or broadening the scope of the current insurance that employers already do have to buy for their foreign workers.

Malaysian Health Minister, Datuk Seri Liow Tiong Lai, was reported saying that this new insurance was to ensure that foreign workers’ medical bills in public hospitals, which to date total RM18mil, will not be a burden to the Government. (Star, 26/11/2010, Compulsory medical insurance policies for foreign workers from next year). However, this cannot be right as there should not be any outstanding migrant worker medical bills at all.

Under the Workmen’s Compensation Act, the employer is clearly liable to pay for the conveyance to the hospital, treatment, ward charges, medicines and other expenses incurred in the treatment and rehabilitation of such workmen (sec.15).  The employer is clearly liable to pay directly to the management of such hospital all fees and charges, and as such one wonders what unpaid medical bills the Minister is talking.

Further, attention also should be drawn to Workmen's Compensation Regulations 1953, in particular Regulation 18, which deals with the issue of excess fees, “A workman admitted either to an approved or a special hospital shall, where such hospital is a private hospital, himself be liable to pay the amounts of any fees or costs incurred on his behalf in excess of the maximum amounts prescribed by the Minister of Health under section 15 (3) of the Act, and, where such hospital is a government hospital, such excess amounts shall be paid from public funds.” Since, the Minister is talking about government hospitals, there is certainly no way that there exist outstanding medical bills when it comes to migrant workers.

The Malaysian pro-employer government has proceeded to further protect employers of migrant workers by limiting the maximum amount fees and cost that is payable by an employer under the Workmen’s Compensation Act. As of 1^st March 2007 (PU (A) 077/2007), this maximum liability of an employer for ward charges, including surgical ward treatment fee is RM300, for operation fees it is RM250, for X-Ray Fees it is RM100 and for other electric therapeutic charges it is RM100.

The rates stipulated are outrageously low given the fact that government hospitals and clinics charge migrant workers first class rates, and the lowest deposit for a migrant worker who needs to be warded is RM400, and if it was a surgical case, it is RM800-00. Operation charges can range from RM50 to RM3,000 depending on the type of operation. Ultrasound cost RM100. Radiology charges range from RM50-RM600. Lab charges range from RM5 to RM100 depending on the type of tests, and usually there will be quite a lot of tests needed.

But, even when the government does limit the amount that the employer is liable to pay, the excess as stipulated in Regulation 18 of the Workmen's Compensation Regulations 1953 is paid from public funds, and as such there really is no logical reason why there can ever be outstanding debt. It is really hoped that in Malaysia, the government does not expect the migrant worker to come up with the money themselves before the necessary treatment and/or surgery is done. Employers should make all the necessary payments immediately, and should thereafter do the needful to claim whatever excess payment from the public fund.

The Health Minister is naïve to insist that the migrant worker only need to provide their passport before treatment is given, as in most cases the employers and/or the agent do wrongly hold on to the passports of migrant workers. Sometimes, the passports are with immigration authorities and/or some other authorities. Hence, in the name of justice, all necessary treatment must be immediately provided to migrant workers on their arrival and registration, without insistence on the production of passport and/or payment of any large deposit. Let not the absence of a document and money be the cause of death or the loss of limbs of a migrant worker in Malaysia.

It is also very wrong to threaten to penalize the migrant worker with non-renewal of work permit, when any punishments in law should rightly be against the employer and should not in any way jeopardize the rights and the well being of migrant workers already in Malaysia.

We, the undersigned groups, hereby:-

a) Call on the Malaysian Government to ensure that all employers of migrant workers, not just those that employ domestic workers and in the plantation sector, be liable to pay for this new Foreign Workers Hospitalisation and Surgical Insurance;

b) Call on the Malaysian government to ensure that no worker would be made liable to pay for the conveyance to hospital, treatment, ward charges, medicines and other expenses following a work-related accident and/or for some occupational disease.

c) Call on the Malaysian government to repeal Maximum Amounts for Fees and Costs (PU (A) 077/2007), and ensure that employers of migrant workers be liable to pay reasonable amounts consistent with the rates imposed by the government for medical care and treatment of migrant workers at government hospitals.

d)  Urge the Malaysian government to review and remove the differential rates being charged for Malaysians and other foreigners, especially migrant workers, at government hospitals and healthcare facilities.

e)   Urge the Malaysian government to review the policy of ‘No Treatment until Production of Passport and payment of deposits”, and ensure that all who needs medical treatment and care are immediately given the said required care that will prevent loss of life and/or limbs.

Charles Hector

Pranom Somwong

For and on behalf of the following 58 organizations

Aliran

Archdiocesan Human Development Commission (AHDC)

Asia Pacific Forum on Women , law and Development ( APWLD )

Asian Migrant Centre(AMC)

Asian Migrants Coordinating Body in HK (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Indonesian Migrant Workers in HK (ATKI-HK)

Building and Wood Workers’ International Asia Pacific Regional Office (BWI-APRO)

Burma Campaign Malaysia

Cambodian Defenders Project (CDP), Cambodia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

CCC  Netherlands

Center for Orang Asli Concerns (COAC), Malaysia

Civil Right committee, Kuala Lumpur & Selangor Chinese Assembly Hall

Committee of Asian Women, CAW

Democratic Party for New Society (DPNS), Burma

Health Equity Initiatives

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

IMA Research Foundation, Bangladesh

INFID, Indonesia

Johor Textile and Garment Workers Union

Judicial System Monitoring Program (JSMP), Timor Leste

Labour Behind the Label, United Kingdom

Lawyers for Human Rights & Legal Aid, Pakistan

Legal Support for Children and Women(LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

Manggagawang Kababaihan Mithi ay Paglaya (MAKALAYA), Philippines

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Metal Industry Employees’ Union, Malaysia

Migrant Care, Indonesia

Migrant Health Association, Korea

Migrante International

Migrants Rights Council, India,

Myanmar Youth Knowledge Initiative

Network of Action for Migrants in Malaysia (NAMM)

NGOs in Myanmar Web Portal

PACOS Trust

Penang Office for Human Development (POHD)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pusat Komas

Sarawak Dayak Iban Assocoation

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

UNI Global Union-Malaysia

United Indonesians Against Overcharging (PILAR)

Verite Southeast Asia

Vietnam Committee on Human Rights, France

WARBE Development Foundation-Bangladesh

WIRDA (Women Institute for Research Development and Advancement)

Women's Legal and Human Rights Bureau, Inc. (WLB), Philippines

Workers Hub for Change (WH4C)

Migrant Workers should not be charged 1st class rates at government hospitals in Malaysia

Did you know that foreigners, including migrant workers, are charged 1st class rates when they go to government clinics and hospitals? Malaysian government treats migrant workers as 'medical tourist' and is reaping great profits from them.

I believe that migrant workers, for whom annual levy have been paid by employers, and who is really helping in the development of our country should not be charged at the same rate as other foreigners and/or medical tourists are being charged. They should be charged at the same rate as Malaysians. 

The other category of persons that should be charged at the same rate as Malaysians are foreign spouses of Malaysians.

It may be alright to charge foreigners a higher rate for medical treatment and care, but then, would it not be better that they are all charged the same. When Malaysians go overseas, would we not be wanting to be charged at the same rate that they are charging the local especially when we go to government/public hospitals. [With regard the private hospitals, they should be allowed to charge what they want - and I am wondering why the Malaysian government is interfering on the rates charged by private medical care providers] 

In Thailand, there is a government scheme than enables Thais to even go to private hospitals and be charged the same low rate that they are being charged at government hospitals - maybe our Malaysian government should explore this possibility...

Back to migrant workers who are being charged 1st class rates, here are some information that I just recently obtained at the government hospital.  The governing Act is Akta Fee 1951 (Fee Act 1951), and the rates now is as per Perintah Fee (Perubatan) 1982 [Fee(Medical) Order 1982]. Unfortunately I did not find this at our Health Ministry Website - or anywhere else. Should it not be freely available to the public?

First the payment required by Malaysians when they visit an hospital seeking treatment, it is RM1 if you are seeing a doctor, and RM5 if you are seeing a specialist. For the migrant worker, it starts with RM50 if you are seeing a doctor... more maybe if you are seeing a specialist.

Deposits Payable Where one requires to be warded

Then, the deposit payable by Malaysians who require to be warded, which depends on the type of treatment sought, i.e.Perubatan (Medical), Pembedahan(Surgery), Perbidanan/Sakit Puan (Maternity),...and then the whether one choses 1st Class, 2nd Class or 3rd Class.

Malaysians

Medical - RM700 (1st), RM200 (2nd), RM20 (3rd)

Surgery - RM1,100(1st), RM400(2nd), RM30 (3rd)

Maternity - RM800 (1st), RM350(2nd), RM15(3rd)

Pensioners - RM50(1A), RM40(1B), RM15(2nd), RM0 (3rd)

* Pensioners refer to those who are former public servants(a.k.a. government servants) - and sadly it just do not cover all elderly Malaysians above 55 yrs +

Foreign Nationals (including Migrant Workers)

Medical - RM1,400 (1st), RM600(2nd), RM400(3rd)

Surgery - RM2,200(1st), RM1,200(2nd), RM800(3rd)

Maternity - RM1,400(1st), RM1,000(2nd), RM800(3rd)

Well, for the Deposits where one needs to be warded, the charges is not exactly 1st class charges as seen above - but for all other charges, it will be 1st class charges...(In comparison, I have given the 3rd Class charges that Malaysians are charged)

Lab Charges

Foreigners (incl. Migrant Workers) RM5 - RM100 [depending on type of test]

*Malaysians RM2-RM25]

Surgery

Foreigners (incl. Migrant Workers) RM50 - RM3,000 [depending on type of surgery, A-F]

Malaysians RM10 - RM200

Ward Charges

Foreigners (incl. Migrant Workers) RM80/day

Malaysians Free - RM3

Delivery

Foreigners (incl. Migrant Workers) RM500[Normal Delivery] - RM1,000 [Cesarean]

Malaysians RM10[Normal Delivery] - RM100[Cesarean]

Ultra Sound

Foreigners (incl. Migrant Workers) RM100

Malaysians RM10 - RM50

Radiology Charges

Foreigners (incl. Migrant Workers) RM50 - RM600 (Depending on type, Z - AE]

Malaysians RM10 - RM120

Cardiology

Foreigners (incl. Migrant Workers) RM30 - RM250 (Depending on type)

Malaysians RM5 - RM50

Physiotherapy

Foreigners (incl. Migrant Workers) RM20 per session

Malaysians RM0 - RM5

Is the police investigating? Will the AG prosecute the employer for the death? Resolved...???

And today, we see that the worker protest in Johor, that was ignited by allegedly an unnecessary death by a migrant worker that received healthcare too late.

We still have not seen any report giving us details/facts about the death, the employer's negligence, and/or the steps that will be taken in terms of preventing other unnecessary deaths, or the compensation and the assistance that the employer will be paying to the deceased worker's family/dependents. 

Will the AG's chambers be prosecuting the employer for the death? Is there even a police investigation happening?

The media (and possibly the police too) seem to be focusing on the subsequent worker protests - not the death of the said worker....

JOHOR BARU: The protest by foreign workers at the Tebrau industrial area is over. Police do not expect any further trouble.

Johor Baru (South) OCPD Asst Comm Zainuddin Yaakob said the workers’ representative had met with their agents as well as the factory’s management yesterday and resolved the matter.

“The factory’s management has agreed to meet the workers’ demands, including increasing their wages,” he said.

He said all parties were satisfied with the outcome of the meeting and no more trouble was expected.

“I hope the workers will not stir up trouble and solve any problem in a non-violent manner,” he said.

The protest which took place at the workers quarters involved more than a thousand foreign factory workers who turned violent on Monday, destroying a guard post and pelting onlookers with stones and rubbish.

The workers – mainly from Nepal, Myanmar, Vietnam, Bangladesh and India – also turned fire extinguishers on bystanders and chased after a vehicle ferrying two health inspectors.

 

However, the 200 policemen deployed to the scene managed to prevent the fracas from spreading beyond the compound. - Star, 18/8/2010, Johor foreign workers’ protest now resolved

See earlier posts:-

Media report focus not on plight of workers - but just try to potray them as 'trouble-makers"?

Nepali worker unncessarily dies because employer slow to act? This should stop

 

Nepali worker unncessarily dies because employer slow to act? This should stop

When it comes to migrant workers, access to healthcare is always a problem - and many a time, there is delay on the part of the employer in sending the workers to the hospital/clinic.

Why can't the workers go on their own to the clinics/hospital? One reason is that they do not have the required proper documentation to move around. let alone get treatment from the clinics/hospitals as most employers hold on to the worker's passports. Without proper documentation, government hospitals/clinics would not treat the foreigner - and this is a problem as we do have at least about 3-5 million undocumented migrants.

Even with proper documentation, they have to pay a lot before they do get treatment..get warded,etc. For the documented migrant, registration itself is RM50 (compared to RM1 for the Malaysian). Next, many government healthcare providers, require payment first before they do the needed tests, X-Rays, surgery, etc, and this is a problem for the migrant worker. 

There are also some employers who do not follow Malaysian labour laws that clearly entitles workers to PAID sick leave and PAID Hospitalization leave. Some companhies just do not pay workers when they do not work because they are sick/hospitalized. In this case, there is an allegation that the Nepali worker that died concealed the fact that he was sick from the employer - and, the only reason for this would be that he wanted to work and earn. [Or maybe, he did tell the employer that he was sick, but the employer ignored this and decided that he was not sick and could still work]. There really must be an investigation - a thorough investigation into this.

The fact that the fellow workers protested, risking possible arrest, detention and other negative consequences, indicates that something is amiss. Did the employer delay sending the worker to the hospital, and did that delay contribute to the death of this worker? If yes, then the employer should be penalized? But alas, a perusal of the Employment Act shows that there seems to be no such offence listed in this Act that governs woirker rights....and there should be. If the employer did so, then also there must stipulated a penalty - which should be a compensation that the employer should give to the family of the deceased, i.e. maybe RM25,000-00 plus monthly wages for the remaining duration of that particular worker's contracts. The employer should not be protected by the Social Security Act/Workmen's Compensation Act who is obliged to pay for injuries/death of migrant workers. In fact, if the employer was reackless...or did(or did not do) something that contributed to the early unnecessary death of this worker, then maybe he should be charged with murder or causing death under the Penal Code. The one who died is a human being, and it should not matter whether he was Malaysian or a foreigner, whether he was documented or undocumented.

About 5,000 foreign workers of an electronics factory in Tebrau Industrial Park staged a protest against their employer in Johor Bharu today due to a misunderstanding caused by the death of a fellow employee.

During the seven-hour stand off which started at 7am near the workers quarters, the foreign workers from Myanmar, Bangladesh, Nepal and India turned violent, throwing chairs and rubbish in protest, claiming that the death of their fellow employee was caused by their employer's delay in sending him to hospital.

Johor CID Chief Amer Awal when met at the scene said the commotion and protest by the foreign workers was due to a misunderstanding caused by the death of a fellow employee.

"The employee from Nepal, aged 20, had kept his sickness (high fever) a secret and did not inform the company until it became serious.

"When the employer finally came to know and decided to send him to hospital it was a little too late. Due to the delay in treatment, he died at the Sultan Ismail Hospital at 7am," he said.
However, the other employees who thought the company was to be blamed for the delay in sending him to the hospital, gathered at the quarters and started shouting at their employer, angrily.

Amer said by 2pm, police and the Federal Reserve Unit (FRU) were able to disperse the workers without any untoward incident.

He added that nobody was detained while police had also informed the Nepal Embassy in Kuala Lumpur of the death.

- Bernama - Malaysiakini, 15/8/2010, 5,000 turn violent over worker's death in JB

Let us also make sure that the workers that protested are not discriminated against by their employer, or by our own authorities. What happened to the worker's union - most probably there was none there in the this electronics factory, since our Malaysian government is not very much in favour of allowing worker unions, more so in electronic factories. Migrant workers are also denied the right of association - and that makes them even more vulnerable to oppression and mal-treatment by employers. If there is no union, then they cannot even strike...or even collectively claim for an improvement of working/living conditions of workers. 

Maybe, the Malaysian government must change its policy and make it mandatory for unions in every factory/businesses that have more than 10 workers working there. A union would be able to champion worker rights, and also act on behalf of workers when needed. Individual workers, on their own is so easily 'targetted', dismissed, discriminated against when they claim their  rights and/or complain about anything...

Media Statement – 11/6/2010(Updated)

STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE

- MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT

WORKER WHO COMPLAINED TO LABOUR DEPARTMENT

We, the undersigned 69 organizations, groups and networks, concerned about migrant and worker rights, are appalled at the treatment of workers at Maxter Glove Manufacturing Sdn Bhd (229862-H), at its factory at  Lot 6070, Jalan Haji Abdul Manan, 6th Miles off Jalan Meru, Klang, Selangor, Malaysia.

We are appalled at the dismissal of Thu Maung, a Burmese migrant worker, who courageously lodged a complaint at the Labour Department to claim his rights as a worker. Claiming worker rights by lodging complaints against errant employers at the Labour Department is the proper and legally recognized procedure in Malaysia. It is very wrong for employers to discriminate against and/or terminate workers who are exercising their legal rights. It is also wrong for employers to discourage and/or threaten workers from seeking justice, when worker rights are being violated.

Maxter Glove Manufacturing Sdn Bhd is a subsidiary of Supermax Corporation Berhad. Maxter Glove Manufacturing Sdn Bhd is a gloves manufacturer that makes Latex Powdered Examination gloves, Clorinated & Polymer Coated Latex Powder Free gloves, Nitrile Gloves and Sterile surgical gloves which is also exported overseas. Supermax Corporation Berhad is an established company, that according to their 2009 Annual Report made an after-tax profit of about RM126 million.

On 23^rd March 2010, Thu Maung and another Burmese migrant worker from Maxter Glove Manufacturing Sdn Bhd lodged a complaint at the Subang Jaya Labour Department.  Their complaints, amongst others, was that the employer:-

a.         had wrongfully deducted levy, that employers have to pay when they employ migrant workers, from the worker’s wages,

b.         had unlawfully deducted the medical check-up fees of RM1000 from the worker’s wages,

c.         had wrongfully withheld 2 months wages,

d.         had failed to provide the migrant worker with accommodation,

e.         had not been giving the workers one rest day per week,

f.          had made the workers work overtime(sometimes up to 13 hours per day), and  also on public holidays and rest days, and had thereafter failed to  pay overtime wages and wages for working on rest days and/or public holidays at the statutorily stipulated rates.

On 23^rd March, Thu Maung and another had also lodged a complaint at the Malaysian Human Rights Commission (SUHAKAM).

On 12 April 2010, Thu Maung went again to the Labour Department in Rawang and gave a detailed complaint, whereby the Rawang Labour Department did record the complaint and forward the same to the Labour Department office in Port Klang, because they said that the Port Klang Labour Office, has the requisite jurisdiction since the employer, Maxter Glove Manufacturing Sdn Bhd, is in Klang.

According to Thu Maung, after about 1 month since the lodging of the complaint at the Subang Jaya Labour office, company’s representatives started intimidating workers individually by asking them who had complained to the Labour Department, and whether they were also going to complain to the Labour Department. This form of intimidation of workers is deplorable. This kind of actions by employers has the tendency of instilling fear and preventing workers from claiming their legally recognized labour rights.

On 28 April 2010, Thu Maung’s supervisor at the company, for no reason, suddenly asked him to return the worker’s pass and not to come back to work. Thu Maung was wrongfully terminated, and he verily believes that this was done just because he had complained to the Labour Department, and was perceived as the leader of the workers who wanted to claim their rights.

It is even worse when the worker is a migrant worker, for a termination will usually mean a cancellation of the work visa, and deportation back to their home country. This also would mean that they would not be able to even pursue their claims at the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts as the physical presence of the complainant and/or litigant is necessary for the continuation of process of claiming rights.

The practice of terminating, cancellation of work visa and immediate deportation is a blatant disregard of the laws in Malaysia that exist to protect worker rights.

Work passes in Malaysia allow workers to work only for a specific employer – and hence a termination would leave the worker with no ability to work and earn a living legally in Malaysia, while he awaits the determination of the process that may give the worker justice. Cancellation of the work pass also makes his stay in Malaysia illegal, and he risk being arrested, detained and deported.

It is sad that the current laws and practices of Malaysia, which used to employ more than 2 million migrant workers have not been amended yet to ensure that workers who claim their rights are not wrongfully terminated and sent back.

Whilst there is a clear provision in the Industrial Relations Act 1967, that is section 5, which explicitly prohibits employers (or persons acting on behalf of employers) from discriminating, threatening, dismissing or acting negatively against workers who are interested in forming, joining, and/or encouraging other workers to join trade unions, there is no similar clear provision in law protecting workers who want to claim their worker rights through the Labour Departments and other available avenues. As an example, section 5(1)(c) and (d) of the Industrial Relations Act 1967is as follows:-

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

…. (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…

There should be a similar clear provision in law that will prevent employers from harassing, threatening, discriminating and/or dismissing workers that claim their worker rights using existing avenues of complaints and remedies. The act of employers impeding, dismissing (or threathening to dismiss) workers who claim their worker rights should also be made an offence with a hefty fine. Workers should also receive a significant sum in exemplary damages, over and above their claim. Deterrence is needed to stop this unhealthy practice of employers violating worker rights, and preventing them access to justice.

In the case of Thu Maung, we call for the immediate reinstatement of Thu Maung without any loss of benefits.

We call on Dato' Seri Stanley Thai, Executive Chairman cum Group Managing Director of Supermax Corporation Berhad, to ensure that the wrong done by their subsidiary, Maxter Glove Manufacturing Sdn Bhd, to Thu Maung and other workers in the said company is ended, and that all workers are paid forthwith what has been wrongly deducted from their wages, monies that have wrongly been withheld returned, outstanding overtime payments, and that all legitimate claims are settled.

We call on the government of Malaysia to do the needful, including enacting laws that will deter employers in Malaysia from exploiting workers, and also protect workers that claim their worker rights from the negative acts of repercussion and/or ‘revenge’ by some bad employers.

We also call on the government of Malaysia to ensure that all migrant workers can continue to stay and work legally in Malaysia until their cases in the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts, and appeals thereafter are completed.

Charles Hector

Pranom Somwong

For and on behalf of the following 69 organizations

ALIRAN, Malaysia

Alliance of Health Workers Philippines

Arakan League for Democracy (ALD-LA-MALAYSIA)

Asia Pacific Forum on Women, Law and Development (APWLD)

Asian Migrant Centre (AMC)

Asian Migrants Coordinating Body-Hong Kong (AMCB)

Association of Indonesian Migrant Workers in HK (ATKI-HK)

BAYAN  USA.

BOMSA, Dhaka, Bangladesh 

BUGKOS

Burma Campaign, Malaysia

Burma Partnership

Canada-Philippines Solidarity for Human Rights (Vancouver, BC Canada)

Center for Japanese-Filipino Families

Clean Clothes Campaign -International Secretariat

Committee for Asian Women (CAW)

Communication Union of Australia (Vic Branch)

Empower, Chiang Mai

Filipino Migrant Center

Frank-Hubner-Scholl Resistance Movement of the White Rose

Free Burma Campaign Singapore (FBCSG)

Friends of Burma, Malaysia

Gabriela-Taiwan

IMA Research Foundation, Bangladesh

Institute for National and Democratic Studies of Indonesia (INDIES)

Interfaith Cooperation Forum

Kabalikat, A Domestic Workers Support Network,US

KAFIN-Migrante (Saitama)

Kafin Migrant Center, Japan

Labour Behind the Label, United Kingdom

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

MAP Foundation,Thailand

May 1st Coalition for Worker & Immigrant Rights, USA

Mekong Migration Network (MMN)

Migrante Aotearoa New Zealand

Migrante B.C. (Canada)

Migrante Denmark

Migrante Europe

Migrante International

Migrante-Middle East

Migrante Nagoya

Migrante Taiwan

Migrante UK.

Migranteng Ilonggo sa Taiwan

Mission For Migrant Workers (MFMW), Hong Kong

National League for Democracy [NLD (LA)], Malaysia

National Network for Immigrant and Refugee Rights (NNIRR), U.S.

Network of Action for Migrants in Malaysia (NAMM)

PAN Asia and the Pacific

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Philippines Australia Union

Philippine Society in Japan

PINAY (Filipino Women's Organization in Quebec)

Pusat Komas

Rights Jessore, India

Shan Refugee Organization, Malaysia

Suara Rakyat Malaysia (SUARAM), Malaysia

The Asia Pacific Mission for Migrants (APMM)

The Best Friend Library - Chiang Mai, Thailand

The Hong Kong Coalition for Free Burma Campaign

Think Centre Singapore

United Indonesians against Overcharging (PILAR)

United Filipinos in Hong Kong

Workers Hub for Change (WH4C)

YASANTI, Indonesia

ZOMI National Congress- Malaysia