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?
If the family’s sole breadwinner remained unemployed, her two other children
aged 14 and 7 might have to drop out of school as well.
<p>Last May, the 39-year-old former assistant supervisor in an electronic factory
in Perak was sacked for allegedly ‘disclosing company secrets to unauthorised
persons’.</p>
<p>Mary (left) had worked in the factory for 11 years. She claimed that her dismissal
was related to her union activities.</p>
<p>Yesterday, Mary together with 20 members of the factory workers and unions
coalition (GPKK) brought their grouses to the attention of Deputy Human Resources
Minister Abdul Rahman Bakar during a meeting in Putrajaya.</p>
<p>The meeting followed a memorandum sent by GPKK to the ministry in January 2006
regarding four issues: union members and leaders being victimised by the management,
workers being forced to stand throughout working hours, four-hour compulsory
overtime and recruitment of foreign labour.</p>
<p>After investigations, the ministry in February replied to the coalition that
a number of the allegations raised in the documented cases were unfounded.</p>
<p>This led the disgruntled coalition members to bring the evidence to the ministry’s
doorstep yesterday.</p>
<p><b>Eyewash at factories</b></p>
<p>“The investigating officials did not see the actual situation because
the management was informed before their arrival," said GPKK secretary
V Nathan (photo) when met later.</p>
<p>According to him, in one of the factories investigated, the management provided
chairs and ear plugs to the workers 10 minutes before ministry officials arrived
and retrieved them immediately after they left.</p>
<p>"During the investigation, workers were called to state their complaints
in front of the management, of course they dared not tell the actual situation,"
he said.</p>
<p>He claimed that at least 17 factories in Selangor, Negeri Sembilan and Perak
practice the all-time standing policy which violated the Guidelines on Occupational
Safety and Health for Standing at work.</p>
<p>GPKK coordinator Sarasvathy Muthu said although workers had the right to organise
unions, only eight percent of the nation’s factory workers were unionised
because the process to register a union was extremely difficult.</p>
<p>"After registering with the ministry, we need to get at least 51 percent
of the workers to become members and also the recognition by the employer,"
she explained.</p>
<p>"If the employer refuses to recognise, we can bring the case to the ministry
but the employer also can challenge the ministry’s decision in court. The whole
process takes three to five years."</p>
<p>"Once the workers are found to be involved in union activities, they will
be victimised like what happened to Helen (Mary), so they are too scared to
establish or join an union," she added.</p>
<p>GPKK has urged the ministry to amend the Industrial Relations Act to enable
unions to be established automatically but the ministry has maintained the need
for employers consent.</p>
<p><b>Fruitful meeting</b></p>
<p>Commenting on the hour-long meeting, Sarasvathy said Abdul Rahman conceded
that the ministry had made wrong conclusions in its reply and that its officers
did not carry out their job properly.</p>
<p>"I think this is a fruitful meeting. He promised us that his ministry
will reinvestigate the factories through spot checks and they will contact our
members before investigation is carried out.</p>
<p>"The ministry will also investigate the factories listed by us which victimise
union members," she added.</p>
<p>On amending the law, Sarasvathy said the deputy minister told them that the
matter has been brought to the cabinet’s attention.</p>
<p>Abdul Rahman was not available for comment.</p>
<p>Meanwhile, Mary in relating her hardship, said she found a new job in another
factory but was sacked five days later because her former employer had allegedly
informed her new employer about her union activities.</p>
<p>"I have withdrawn my EPF (Employees Provident Fund) to pay for my house
loan last year, I don’t know how to pay the loan for this year.</p>
<p>"I’m 39 already, usually factories will not hire someone older than 35,
I need to get back my job (from the former factory)," she said.
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com