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?
20 July 2005, Ipoh – Victimized worker Helen Mary’s conciliation hearing at the Industrial Relations Department in Ipoh was held on 20 July 05, two months after she was sacked by the Japanese electronics company, Kamaya Electric (M) Sdn Bhd. It was a foregone conclusion that the conciliation proceedings would fail to reinstate Helen whose demands were nothing less than reinstatement.
The conciliation proceeding was not a tame affair, however. Saudara Arjunan, IRO of the Rubber Workers Union, who represented Helen, shook up the bosses’ team by challenging them on gross irregularities in Helen’s domestic inquiry, and partiality of the head of the DI panel. He further warned the three management stooges- Phan , Tony and Razi that they would have to take the stand and answer when the industrial court case comes up.
Helen rose rapidly from a production operator in 1994 to Assistant Trainer just in a span of four years in Kamaya. In the first four years she was promoted three times. In 2003, Kamaya handpicked her to go to Japan, even helping her to get her international passport. (Due to health reasons then she was unable to go). Obviously to Kamaya at that point Helen was an asset, a management’s favourite, an underpaid worker who slogged hard for the company without asking questions.
All that changed overnight when Helen committed the ultimate crime of trying to form a worksite union in late 2004. Her fall from grace was even swifter than her impressive rise. Although she was an assistant supervisor, she was made to prepare recycling paste (not her usual job), and then forced to double the amount. The bosses intimidated her and threatened her with the ISA(Internal Securioty Act!).
The committee members were harassed and cajoled in turn to drop the idea of a union and instead form a Joint Consultative Council, which the bosses said would be more acceptable to the Japanese capitalists.
On 30 March 2005, after much pressure from the Kamaya workers who turned up in busloads twice at the Human Resources Ministry, the union was officially registered. (Due to an absurdity in the law, the union has to gain recognition from the employer and as can be expected, the Kamaya Electric Workers Union’s recognition bid was turned down by the bosses).
Within a month of the registration, Helen was given a show cause letter for a long list of fabricated offences and then suspended for ten days later. A domestic inquiry of sorts was held and at the end of her suspension, she was dismissed.
Helen, the secretary of the Kamaya Electric Workers Union is just one of the numerous victims of union busting that is rampant in the country. The more than ample laws pertaining to unionization and protection against interference by employers remain mere showpieces. They are rendered completely impotent by other countervailing laws, such as the one seeking recognition from the employer. Cowardly employers resort to all kinds of dirty tactics, and commit all kinds of offences to put down workers trying to realize their rights in a legitimate way.
Yet, instead of rapping errant bosses for openly flouting labour laws, always the advice from Human Resources Ministry officials is not to rock the boat, better a lousy job with lousy working conditions than none.
The truth of the matter is that in Malaysia, it is well impossible to form trade unions, even in-house unions. The huge drop in union membership from over 67% prior to independence to a mere 8% today, and the repressive laws against labour activism since the late 1940s are a telling reflection of the anti-union stance of the pro-capitalist BN government itself.
So it is pointless looking to the government for an ally. The support that Helen and her fellow workers so badly need can only come from the working class.
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com