Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
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<p><font face="Verdana, Arial, Helvetica, sans-serif"><b>I am an ’employee’
working for X company under a 3 months contract basis. Since joining
the company, my fellow workers and I have been promised permanent contracts
but this has not happened despite many of us having worked there for more
a year. Our contract is renewed at the end of our 3 months. We also have
no benefits as we are not permanent staff. </b></font></p>
<p><b><font face="Verdana, Arial, Helvetica, sans-serif">Is there anything
that our goverment can do? Please help us in this matter….</font></b></p>
<p><font color="#990000"><b>REPLY:</b></font></p>
<p>The employee must first know with whom he is working for or rather who
is his bona fide employer.<br>
<br>
One of the criteria he can use to determine this is by checking the following
:-<br>
<br>
1. Under what Company name is his pay slip<br>
2. Who pays the EPF and SOCSO<br>
<br>
As to whether he is a contract or permanent / regular staff, he should
note the following :-<br>
<br>
1. Is his contract terminated and a fresh contract issued after at least
a day’s break or without any break at all.<br>
<br>
2. Is there a probationary period and conditions under which he can be
made confirmed which means he then becomes a regular employee.?<br>
<br>
3. Has there been any salary increase or additional payments such as allowances
etc or any other additions that are more favourable than the previous
contract made. If there are then he is deemed to be a regular. <br>
<br>
4. A contract employee is eligible to all rights under the Employment
Act as any other employee as long as his basic salary is RM 1,500 and
below and if more but below RM 5,000., he can still seek action at the
Labour Dept. only on monetary claims provided such claims are stated in
his contract of service.</p>
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