Activists decry charges against unionists as 'tool of repression'

The decision to press charges against five hospital cleaners, unionists and their supporters who were arrested for a peaceful protest on Tuesday has been met with anger and shock by the Joint Action Group for Gender Equality (JAG).

"Stop the police intimidation and ditch any attempt to charge victimised frontline hospital workers mired in a long-standing industrial action against their government-linked employer, Edgenta UEMS.

"This is a clear attempt to silence the union from voicing serious worker grievances against their employer, and we decry this as a blatant manipulation of law enforcement and a tool of repression, said JAG, a coalition of women’s rights organisations in the Peninsula, Sabah and Sarawak.

This comes after the five were charged under the Prevention and Control of Infectious Diseases Act 1988 at the Ipoh Magistrates Court this morning, following the police's failure to obtain a four-day remand.

JAG called on the police to abandon their decision to "persecute the five unionists and workers who made a last-ditch bid to claim their rights in a legitimate industrial picket in front of Hospital Raja Permaisuri Bainun".

"Instead, we should allow for an industrial action to hold Edgenta UEMS accountable for anti-worker industrial relations practices and vicious union-busting tactics.

"The National Union of Workers in Hospital Support and Allied Services (NUWHSAS) explained that their decision to hold a peaceful picket was because all other efforts to negotiate with the employer or voice their grievances with the Labour Department had been met with inaction while the health and safety of its members remained in imminent danger, in the current environment of a pandemic," it said.

The union-led protest with 13 workers and their supporters ensured that the standard operating procedures (SOPs) required of Covid-19 were adhered to.

All preventive measures were taken during the peaceful protest where temperatures were checked and picketers maintained their positions in circles on the pavement so that social distancing was obeyed, JAG added.

Those arrested during the picket include NUWHSAS executive secretary M Saraswathy and union officials L Danaletchumy and V Santhiran as well as supporters P Jothi and C Subramaniam @ Raja.

"While we join the nation in lauding frontliners for the sacrifices they make on a daily basis, we are very concerned over the indifference of the safety of our hidden frontline workers - hospital cleaners - who are also placing their lives at risk, but the risks they are willing to take are further amplified with the lack of proper personal protective equipment (PPE) equipment, particularly, with an inadequate supply of face masks and gloves, when they clean Covid-19 wards and facilities," the group said. 

JAG viewed the actions of the government-linked employer, Edgenta UEMS, a subsidiary of UEM Edgenta which is a GLC owned by Khazanah Nasional, as a blatant disregard for the valuable contributions of women workers to the economy.

It said that it found the denial of the special government allowance of RM600 (meant for frontliners) to these workers as immoral and unbecoming of a concerned government.

JAG also said it was shocked to learn from the union that a GLC would maintain the employment of workers on a minimum wage of RM1,100 without any annual increment, public holidays or sick leave.

The JAG members who signed the statement include Persatuan Sahabat Wanita Selangor (PSWS), Empower, the All Women’s Action Society (Awam), Women's Centre for Change (WCC), Women’s Aid Organisation (WAO), Association of Women Lawyers (AWL), Justice for sisters, Sisters in Islam (SIS), Sabah Women’s Action Resource (Sawo) and Tenaganita.

The group repeated its call for the police to abandon attempts to press charges and for the Labour Department to ensure that Edgenta UEMS address the grievances that NUWHSAS had highlighted with these recommendations:

• Ensure that all staff are paid the special government allowance of RM600 to frontline workers.
• Ensure that all staff are fully geared up with safety equipment like PPE, gloves and face masks for those cleaning, especially in wards with Covid-19 patients.
• The precarity of their employment status to be addressed with contracts that entitle staff to an annual increment at rates agreed upon between the employer and NUWHSAS and this agreement to be binding with any new employer who takes over the contract from Edgenta UEMS, which will ensure the years of service of each employee is maintained in records.
• Staff must be consulted and consent or agreement must be given on changes to their work time-tables prior to changes.
• Staff must be consulted and consent or agreement must be given on any proposed transfer of work, and not target those who are active in union activities.
• All staff must be allowed to claim and be paid their overtime wages in a timely manner.
• Staff on break time must be free to hold union discussions as this benefits the welfare of workers and will improve morale.
• Union-busting tactic and harassment such as threatening disciplinary action against union officials, intimidating workers by taking photos when unionists meet workers, by management, must desist.
• All staff must be allowed the opportunity to work overtime should they wish to, without refusing especially union leader the chance to earn a little more than their meagre monthly salary.
• Resume the transport subsidy for travel between their homes and work immediately and pay them back payments of unpaid transport subsidy.

- Mkini