Wednesday, April 28, 2021

Labour Department probes deceased worker's claim of unpaid wages

 


The Labour Department is investigating a deceased construction worker's claim that his employer, Landseal Sdn Bhd, had not paid him his wages in the past five months.

When contacted yesterday, an officer at the department told Malaysiakini that it is acting on news reports on Pakistani worker Shahzad Ahmed's (above) alleged suicide and the video he filmed before taking his own life.

“We are investigating the case under the Employment Act 1955. The investigation will cover all related aspects under the Act, for example, Sections 19, 22, 24, 25 and 60K.

“We also took the news report as the basis of our investigation,” the officer said.

When asked, the officer said such investigations are usually completed within a week.

If Shahzad's claims of not being paid his wages turn out to be true, he said, Landseal may be slapped with a compound or face prosecution.

On Monday, Malaysiakini reported that Shahzad was found dead at a site along Jalan Ampang on April 17, after apparently taking his own life.

Prior to his death, the 30-year-old Pakistani national posted videos on the social media platform TikTok, where he accused his employer of failing to pay him his salary for five months.

He was reportedly under pressure to send money home to his family, but Landseal was facing financial problems due to the movement control order.

Wangsa Maju police chief Ashari Abu Samah said investigations found that the company did not pay Shahzad's already reduced wages from December 2020 to April 2021. He also confirmed Shahzad possessed proper immigration papers.

Landseal CEO Radha Krishnan had told Malaysiakini that the company would bear the cost to ship his remains to Pakistan and provide a goodwill payment to his family.

The Pakistani Embassy in Kuala Lumpur told Malaysiakini that the repatriation of Shahzad's remains would take place on April 30 and it confirmed that the cost would be borne by his employer.

Malaysiakini has also contacted the Social Security Organisation (Socso) for comment and is awaiting a response.

'No more excuses, stop non-payment of wages'

Meanwhile, Parti Sosialis Malaysia migrant desk coordinator Mohanarani Rasiah criticised the government's poor enforcement of labour laws, particularly when it comes to migrant labour.

Mohanarani Rasiah

In a statement yesterday, she said non-payment of wages is a frequent occurrence, even when the government is the paymaster, and employers often get away with a slap of the wrist when caught and would repeat the offence in the future.

"A common reaction to this incident will be why the worker had to resort to such an extreme measure, instead of filing a complaint at the labour office. Do workers have the right to take their complaints to the labour office?

"Sadly, this right exists only on paper. In reality, those who complain face victimisation and dismissal. This young Pakistani worker is a victim of this unprotected avenue to justice.

"The government, in its bid to maintain its pro-business stand, cannot allow workers to be trampled on in a situation where enforcement is lax and workers cannot air their grievances," Mohanarani said.

She added that migrant workers often rack up debts to find work abroad, and have to earn a living to support a family back home as well as to repay those debts.

Their low income often leaves such workers with little savings to fall back on, she said.

“How is it possible for an employer who is not a slave master to get away without paying his worker for so many months?

“Now that a life has been lost due to poor enforcement by human resources agencies, will the Ministry of Human Resources take it more seriously?

“PSM demands that the government takes serious and immediate action to stop the non-payment of wages, without giving the excuse of a shortage of labour inspectors.

“PSM also demands that investigation papers be opened on the employer for contributing to and abetting the suicide by the Pakistani worker,” Mohanarani added.

Depression is a treatable condition and suicides can be prevented. If you are feeling overwhelmed, or know someone who needs help, please call the following hotlines:

Agape Counselling Center Malaysia

Hotline: 03-77855955 or 03-7781 0800

The Befrienders

Hotline: 03-79568144 or 03-79568145

Life Line Association Malaysia

Hotline: 03-42657995

Health Ministry/Mercy Malaysia Covid-19 Psychosocial Support

Hotline: 03-2935 9935, 014-322 3392, 011-6399 6482 or 011-6399 4236 - Mkini

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