Undocumented maid takes complaint on unpaid wages to High Court

Rights group Tenaganita says the Employment Act provides the right to redress for all employees regardless of immigration status. (AFP pic)

PETALING JAYA: The High Court in Shah Alam will rule next month on whether an undocumented migrant worker without a work visa has the right to claim unpaid wages, a first for the court in such matters.

However, it will seek clarification from Wisma Putra and the human resources ministry as to whether Malaysia is a party to the ILO Migration for Employment Convention and Migrant Workers Convention before delivering its decision on April 15.

“We will write to Wisma Putra and the ministry for clarification on Malaysia’s position as instructed by the judge, and hope to obtain a speedy response,” Tenaganita executive director Glorene Das said in a statement.

The NGO, which champions the plight of migrant workers, was referring to an appeal filed by an Indonesian maid whose salary was withheld by her employer for almost five years.

With Tenaganita’s assistance, the maid, identified as Nona, filed a claim against her employer at the Port Klang Labour Office in 2017 for unpaid wages amounting to about RM30,000.

However, a labour officer who heard the case declined to act on Nona’s complaint on grounds that she did not have a valid work permit.

Glorene said the tribunal ruled that without a work permit, all transactions or actions carried out by an undocumented worker are invalid and the complainant cannot make a claim.

Nona subsequently filed an appeal to the High Court against that decision.

Joseph Paul from Tenaganita, who is managing Nona’s case, said the Employment Act provides the right to redress for all employees regardless of immigration status.

“The Immigration Act should not have overriding authority to be used to deprive a worker of her wages for work that has been done,” he said.

He said the Federal Constitution also provides that all persons are entitled to basic human rights, including the right to life and livelihood.

“This applies to all persons in the country and does not discriminate against those who are undocumented,” he added. - FMT