Broken dreams - the plight of Forest City's migrant workers

SPECIAL REPORT | Lured by the promise of attractive wages, hundreds of Chinese nationals forked out their savings or borrowed money to pay the agents recruiting workers for the Forest City project in Johor.

Entering Malaysia with social visit passes, the workers however were forced to return home after learning that they might have to work illegally, or be paid much less than anticipated.

For the past two months, some were stranded at the Senai airport, others on the streets, while waiting for their next flight back to China.

According to DAP’s Senai state assemblyperson Wong Shu Qi, the Chinese nationals were broke after paying between 10,000 yuan (RM6,288) and 24,000 yuan (RM15,092) to the agents in China.

The workers also had to pay 2,000 yuan (RM1,255) for transportation to the hostel, located some 40km from the airport.

"I was informed by the local media that a group of 50 China citizens from the Jilin province are stranded at the airport. This happens almost on a daily basis," said Wong, who has been in contact with some of the stranded Chinese nationals at the airport.

Forest City is jointly developed by Country Garden Holdings (CG) from China and Kumpulan Prasarana Rakyat Johor (KPRJ).

The project reportedly involves more than 70 China-based developers, contractors and subcontractors, including Huashi, Shen Teng and Hua San International. The migrant workers are hired by individuals from China, who were appointed by the subcontractors.

Wang Xiaowei, a 40-year-old labourer from Shaanxi, said he decided to pack his bags and head for Malaysia when agents promised him wages of up to 15,000 yuan (RM9,432), triple of what he was earning at home.

Wang and three others borrowed money to pay the agents.

However, when the trio arrived at the hostel at Kampung Pok Besar, they were shocked to find that the workers were not paid their salaries for months. Wang and his friends decided to return home.

"We were cheated by the agents (in China)....I will have to work for six months to repay the loan I took to come to Malaysia," Wang told Malaysiakini when met at the Senai airport.

However, not all decided to return.

'I hope M'sian government can help'

Sen Hongxue (photo: in white shirt), who paid 12,000 yuan (RM7,546) to the agents together with nine of his friends from Guangzhou, said one of his friends had decided to continue working.

"We were so scared when we heard that the Chinese nationals working here were unable to send money home despite having worked for five months. They did not get salaries, only pocket money.

"I hope the Malaysian government would help the Chinese nationals who were cheated," he added.

Both Wang and Sen were told that their visas would be changed to employment visas once they started work. But the pair did not wish to take the risk.

Another worker, who wished to be identified only as Tong, said he had worked on the construction of a show room at the project site with a social visit pass, but was forced to leave before the expiry of his 30-day visa.

"I want to work for one or two years, the people are here are good, but the visa is not good. You only allow me to stay for a month. I will become an illegal migrant if I overstay. The policy in unfair to us," he said.

However, some of the workers met by Malaysiakini did possess valid documents.

For example, Luo Zhaoli, 48, had arrived in Malaysia with a social visit pass on Feb 10, but was later granted a special pass by the immigration department on April 17.

According to a written reply during the last parliament meeting, the immigration department had issued 13,441 Social Visit (Temporary Employment) to China migrant workers in 2016.

Not all the workers were as fortunate.

Met at their hostel, Zhang Zhongshan (named changed to protect his identity) told Malaysiakini that he entered the country with a social visit pass last November.

"I have no idea that I am an illegal worker," he said, showing a copy of his passport and workers' pass, which revealed that he was working for one Zou who is attached to the subcontractor Huashi Enterprise Company Limited.

Zhang, 49, who was with two others during the interview, claimed that he has not been paid his salary for six months and is therefore unable to repay the loan taken to renovate his house in China.

The father of two said he is surviving on a RM300 per month pocket money given by Zou.

Zou (photo: clutching bag), meanwhile, said the 40 men he hired had come here with social visit passes and are now working in an illegally.

He blamed the situation on the lack of a bilateral agreement on labour between Malaysia and China, which led to workers having to apply for employment passes after arrival.

Zou said he has to fork out his own money to pay pocket money for the workers, and has thus far spent more than RM250,000.

With more than 100 hostel blocks in the area, and more being constructed, Malaysiakini was unable to determine the actual number of illegal workers. Apart from China nationals, there are also workers from Indonesia, Nepal, India and Sri Lanka.

Another group of 20 workers from China, when met, also admitted to working illegally for several months, and have yet to be paid.

One of them showed Malaysiakini his workers' pass, which stated that he is under the employment of Huashi.

"We do not have our passports, our contractor keeps them for safety reason, saying that the passports might be taken away," claimed one worker on condition of anonymity.

Under the immigration law, an employer who hires illegal workers is liable to imprisonment up to 12 months and a fine of RM50,000.

The Act also states that those who harbour illegal immigrants would be liable to a fine up to RM50,000 for each immigrant and imprisonment up to six months as well as six strokes of the rotan if found guilty of harbouring more than five immigrants without proper papers.

Country Garden promises to investigate

Meanwhile, a Home Ministry source told Malaysiakini that the ministry was aware that some contractors hired illegal migrant workers to save on operating cost - such as RM1,850 in levy per person and health screening procedures.

"They are trying to save cost. No need to pay levy and no need to take care of employees' welfare because they are illegal," said the source on condition of anonymity.

In an email to Malaysiakini, Country Garden Pacificview Sdn Bhd (CGPV) vowed to investigate the matter and take action against errant contractors.

"As a responsible developer, CGPV will investigate the allegation with reference to the foreign workers and its related issues. The developer stresses that any breach of contract would result in firm action being taken against the relevant contractor," it stated.

"The project involves a number of main contractors as well as sub-contractors. Like any other development projects, the process of awarding contracts to these contractors would require the signing of contractual agreements.

"The agreement covers the employability of foreign workers in accordance with the relevant immigration laws and regulations and also the responsibilities of the contractors in managing their workers.

"Forest City reiterates that it would do its best to ensure that the laws are followed and will look into this," it added.

CGPV executive director Md Othman bin Yusof said the company would not tolerate the mismanagement of workers.

"If we find any wrongdoings by the party we have contracted with, we may take necessary action without hesitating," he added.

CGPV is 66 percent owned by the China-based giant through Malaysian registered subsidiaries Country Garden Waterfront Sdn Bhd, Country Garden Danga Bay Sdn Bhd and Country Garden Real Estate Sdn Bhd.

The state government's share of the project, or more specifically KPRJ, is purportedly through Esplanade Danga 88 Sdn Bhd, which holds a 34 percent stake in CGPV.

The largest shareholder of Esplanade Danga 88 Sdn Bhd, with a controlling stake of 64.4 percent, is in the name of Johor ruler Sultan Ibrahim Ismail Sultan Iskandar.

Meanwhile, Johor immigration department director Rohaizi Bahari urged Malaysiakini to provide the evidence, particular the names and photographs of those interviewed.

"We would investigate," he said.- mkini