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KUCHING: Sanmina-SCI Corporation (M) Sdn Bhd (Sanmina) has denied a former employee’s statement that workers retrenched by the company had been “forced” to accept the negotiated settlement.
The Malaysian Trades Union Congress (MTUC) Sarawak Division and Industrial Relations Department Malaysia (IR) have expressed disappointment over the statement.
Sanmina’s legal representative Albert Tang Yew Liong of Chew Jugah Wan Ullok & Co said yesterday there were two documents – one signed by MTUC on behalf of the employees and the other by individual workers concerned, including Lisa Choa who made the said statement to The Borneo Post on Wednesday.
Signing of both documents was witnessed by IR Department.
“The state IR deputy director Doris Rakey personally explained to Choa and she was given time to think it through. She came back later to sign it. To say she has been ‘forced’ to sign is not true,” Tang clarified.
MTUC Sarawak Division secretary-general Andrew Lo told The Borneo Post Sanmina had fulfilled all its obligations under Sarawak Labour Ordinance (SLO), saying this was done through the efforts of all parties concerned, including representaves from Sanmina, Industrial Relations Department and MTUC.
“All the workers came voluntarily and willingly to settle. Under the terms of settlement, the company has made good the payment over and above the statutory provisions.
“I understand there will be different levels of expectation as some workers will be satisfied while some might not. But there is no way the settlement was forced on anyone as claimed.
“No one was forced to sign. All parties were given proper advice and time to think it through,” Lo stressed.
Malaysia IR Department director Awang Raduan Awang Omar agreed with Lo, pointing out that the phrase “forced to accept” had misleading implications.
“The IR’s role has been to facilitate negotiations between the two parties (Sanmina and retrenched workers) to enable them to reach a settlement.
“At no point did IR Department force either party to settle.”
MTUC Sarawak, IR Department as well as Tang were responding to Lisa Choa’s claim in The Borneo Post on yesterday that the retrenched Sanmina workers had been forced to accept what was offered by the company.
When contacted, Choa, who was asked to retract her statement, clarified what she actually meant was “they have been forced by circumstances” to sign.
“Of course, I did not mean we had been forced to sign at gunpoint. We have been forced to accept the offer because we have no choice.
“We were advised to accept the offer because after the company is closed, court proceedings will become problematic and we may not get anything then.
“And if it’s wrong to say we were forced to accept the offer, then I retract it,” said Choa, a committee member of Ex-Sanmina Employees’ Protem Committee set up to fight for fair treatment from Sanmina.
Sanmina workers at its Kuching plant at Samajaya Free Industrial Zone was laid off on the last day of work in October 2012 without prior notice.
The workers, unhappy with the compensations they received, engaged Lo who has been representing them in fighting for better retrenchment benefits and minimum payment in lieu of notice required by SLO.
After months of negotiations, Sanmina agreed to pay an additional RM2.61 million to the 876 retrenched workers. Out of the amount, RM1.91 million will be used to pay the workers to fulfill SLO’s minimum requirement for payment in lieu of notice.
The remaining RM700,000 will be split among them as goodwill payment.
Meanwhile, Lo pointed out that the laid-off workers would be paid in batches with the first 350 to receive their goodwill payment and outstanding payment in lieu of notice this coming Saturday (July 7) at 1pm at Pullman Hotel.
The 350 workers have been notified. Those yet to receive the notification may contact IR Department (082-418112), Chew Jugah Wan Ullok & Co (082-245206) or MTUC Sarawak (082-453027) to find out the date for their scheduled payment.
Read more: http://www.theborneopost.com/2013/07/05/sanmina-sci-denies-coercing-workers-to-accept-settlement/#ixzz2YXCmcEhy
Source: The Borneo Post
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