Supermax subsidiary workers claim mistreatment, but firm says untrue

Glove manufacturer Maxter Glove Manufacturing Sdn Bhd is facing accusations of facilitating harmful living conditions and unlawful pay deductions towards its foreign workers.

They include imposing cash fines or “locking up” workers found to have allegedly made mistakes on the assembly line or complaining about living or work conditions, claims which the firm has strenuously denied.

The workers, who had then just returned to their home country in Nepal, spoke to Malaysiakini while they were in quarantine.

They said they chose to speak up now after leaving the company because they had previously feared repercussions if doing so when employed.

According to the workers, Maxter Glove, a subsidiary of Supermax Corp, allegedly had a practice of making deductions to workers’ wages and imposing fines on its workers.

“It is not the company that is bad, it’s the management who are difficult,” former employee Devraj Budhathoki told this news portal.

He was among 99 workers who brought the matter forward to Nepal labour activists, in hopes of bettering work conditions for other Nepalis still employed by the Supermax Group.

They work in different Supermax subsidiaries, including Maxter.

The series of meetings with five different groups of repatriated workers took place from Aug 6 to Aug 24, together with labour rights activist Andy Hall.

When contacted, Maxter Glove refuted the claims and said it had procedures in place for workers to bring their grievances forward.

Devraj, who had worked at Maxter Glove for eight years prior to his return to Nepal, claimed that there was a practice of photographing workers who are found to have allegedly made “mistakes” while at work. Such photos taken would later be turned into evidence for fines against the workers.

“Mistakes” included breaking a carton or damaging a product while on the assembly line, he said, with workers allegedly fined RM300 to RM500.

“The food quality (is) also very bad. If (we) get fined regarding food (complaints), the company deducts RM220 (food) allowance.

“Before, one to two months ago, the food cost was deducted from (our) salary slip but this time, (we) have to pay in cash,” he said, speaking through a translator.

Devraj also claimed that if workers were to refuse overtime, they would be fined RM250 for not working overtime on their shifts.

The fines were allegedly collected in cash up until a year ago, leaving no paper trail, he said.

“If they (the workers) make a mistake like they broke a carton, they broke gloves, their attendance will just be (recorded) for eight hours but they will have to work 12 hours,” Devraj added.

He claimed that he has paid up to RM3,600 in penalties over the last eight years.

Under Section 24(1) from the Employment Act 1955, no deductions shall be made by an employer from the wages of an employee, other than in accordance with this law.

Locked up without proper amenities

Additionally, Devraj claimed that a fellow worker whom he knew had been "locked up" in a room without proper amenities - such as a bed, blankets and the ability to use a toilet freely - because he had complained about the quality of the food served to the workers.

“It was before, maybe five, six, seven years ago - 2014, 2015, 2013. It was one room they used to lock up the workers.

“My friend Bimal (was allegedly placed in this room) around the years 2014-16. Bimal complained about the food. That it’s not enough, not tasty and not good. After that, he just got locked up inside the room for three days.

“After three days, the company released him and let him work,” said Devraj, adding that this practice has since been discontinued.

Another former Maxter employee, Laxman Kumar Isar, 28, said that the company's accommodation facilities pose a health risk.

Laxman claimed that the gas produced through the chemical filtration process in production “comes directly inside the hostel”.

“The workers become sick. Also, in the night, midnight, evening time, if they got sick and if they informed the company to take them to the hospital, they (the company) does not respond in time, you know? That’s the issue,” he told Malaysiakini.

According to Laxman, the alleged chemical filtration system attached to the building had been there for about five to six years.

He said he had experienced bouts of allergies, common cold and coughing, which he believed was linked to the gas filtering into the hostel.

“Two to three times, I suffered from a common cold and cough. At the time, I took (over-the-counter) medicine (which I procured myself),” said Laxman, also speaking through a translator.

He never reported his symptoms to his employers nor sought medical treatment for his alleged illnesses, as he felt it could be remedied through self-medicating.

Laxman added that the workers did not voice out their concerns to Maxter Glove’s management team about what they felt were effects of the chemical filtration as they did not feel safe.

“(We) didn’t complain (to) anyone, didn’t complain about this issue because we are scared to raise this issue with the company. We’re scared the company will give a penalty and all those things.

“Anything can happen if (we) complain. All the workers just become silent,” he added.

Not long after his interview with Malaysiakini, Laxman died unexpectedly, after falling at his home in Nepal.

'Errant workers counselled in rooms, not locked up'

When contacted, the Supermax group refuted these allegations on behalf of Maxter Glove.

“There have always been many avenues for the workers to voice out their ideas, proposals, grievances and other personal matters.

“There is no impediment for workers who wish to voice out their concerns or grievances. In actual fact, we have even provided them several locations with suggestion boxes in case they do not wish to be identified as the news-giver,” Supermax said.

The group added that there is also a whistleblower policy in place for workers to complain about any other worker - which its management will investigate to ensure that everything is in its “proper perspective”.

“The company also has a worker’s committee in place, on top of the whistleblower policy, and workers can also make complaints to embassies, Human Resources Ministry, authorities, and the police if any abuse, intimidation, mistreatment or victimisation is found,” it said.

Supermax also denied that a lock-up system was put in place within the premises.

“Firstly, to imply that there is a lock-up is manifestly flawed as there was never such a place in the premises.

"There are many rooms in the premises which are used for meetings, counselling, food meetings, functional meetings and exchange of views (voicing out of ideas, grievances, etc). There is definitely no 'lock-up' as alleged and the toilets are freely available for those in need.

“There are some instances of wayward and difficult workers who have flouted the company’s rules and regulations and for which counselling is provided in one of the rooms, and depending on the nature of their misdemeanour, counselling may take up some time, but they can easily ask to be excused if there are any toilet calls,” the company added.

'Dorms meet ILO standards'

Supermax said in terms of accommodation, Maxter Glove has provided two purpose-built dormitories with “modern facilities befitting a modern household”, adding that the company practises the Workers’ Minimum Standards of Housing and Amenities Act 1990 (otherwise known as Act 446) and the International Labour Organisation (ILO) guidelines on the floor area provided for each worker.

“We will also provide a subsidised canteen system, whereby food would be catered to the workers at affordable prices for them to have multiple choices as well.

“Once this system is ready, it will take over the previous system of providing food to the workers at subsidised prices.

“It must be remembered that our factory is located in a suburban area where the availability of food may be a challenge, especially when having to cater to thousands of workers,” Supermax added.

Asked about allegations of gases filtering into workers’ dormitories, the manufacturing group said they had carried out an investigation and found no gases from the plant seeping into the dorms.

“Moreover, we have not come across any staff or workers’ complaints about health issues caused by or arising from exposure to gasses,” it added.

Act 446 compels employers to provide minimum standards of housing and amenities to foreign employees and local estate workers.

In May, it was reported that the United States had opened an investigation into a unit of Supermax Corp and fellow glove manufacturer Hartalega Holdings over allegations of forced labour. 

Several Malaysian manufacturers have come under scrutiny over allegations of mistreatment of foreign workers, who are vital to the country’s manufacturing workforce.

Over the course of the last year, the US Customs and Border Protection (CBP) imposed an import ban on three Malaysian manufacturers who were suspected of forced labour -- Top Glove and two top palm oil producers.

However, Top Glove is now able to resume sales to the United States after its year-long ban on its exports was lifted by the US Customs authorities. 

The company cited a CBP notice filed to the US Federal Register, saying the Customs agency had determined upon additional information that Top Glove's products were no longer being produced by forced labour. - Mkini