The Labour Department has completed the investigation into the case of a worker from Pakistan who committed suicide after his employer reportedly did not pay his salary for several months.
Human Resources Minister M Saravanan told Malaysiakini that the company involved is now prohibited from hiring migrant workers.
“The police are continuing (to investigate) the case, while the Labour Department has helped to ensure the company pays the due wages and goodwill money to the family.
“The Labour Department has also blacklisted the company so that it is no longer allowed to hire foreign workers,” Saravanan said.
Unpaid Wages total RM6,825
According to the investigation report, the involved company admitted that the dead worker, Shahzad Ahmed, was an undocumented worker, who started to work with the company in January 2019.
Shahzad was working at a construction site along Jalan Ampang in Kuala Lumpur.
It was found that Shahzad was paid RM100 a day with a food allowance of RM300 a month.
However, the employer defaulted on Shahzad's wages, totalling RM6,825, for four months from November 2020 to March 2021.
The four-month breakdown of the outstanding wages is: November 2020 (RM500), January 2021 (RM2,425), February 2021 (RM2,400) and March 2021 (RM1,500).
After the death of Shahzad, the employer promised to return the due wages and a goodwill payment of RM3,175 to the family through the High Commission of Pakistan in Malaysia.
The employer also agreed to bear the cost of transporting Shahzad's remains back to Pakistan and signed a letter of commitment with the Pakistani High Commission.
The Labour Department promised to continue its investigation and take legal action if it finds other violations of labour laws by the company involved.
The department received an email complaint from Parti Sosialis Malaysia on April 23, about a week after Shahzad's passing, and completed its investigation report on April 30.
‘Difficult to act against the employer’
Meanwhile, the Labour Department director-general, Asri Ab Rahman, told Malaysiakini that it was difficult for the authorities to take further action against the employer since Shahzad Ahmed was an undocumented worker.
This is because an undocumented worker does not have a working permit or an employment contract, which are important evidence to charge the employer involved in the court.
“If we want to charge the employer, we need to have the employment contract to determine that the worker was working in that company; or there should have a working permit in his passport.
“(Otherwise,) when we go to court, the company may say this is not our worker. Then, how are we going to prove?
“But he (Shahzad) didn’t have both these documents. Nobody will sign a contract with an illegal worker. That is why we always advise migrant workers to come in legally,” Asri said.
Stressing that the non-payment of the salary should not have been carried out, Asri said that it is more difficult to take action in this case since Shahzad has passed away and therefore, could not be a witness for the department.
According to Section 55B of the Immigration Act 1959/63, employing each undocumented worker who does not have a valid pass could be fine between RM10,000 to RM50,000 or imprisonment not exceeding 12 months or both.
A person who employs more than five illegal immigrants simultaneously is liable to imprisonment of between six months and five years and is also subject to whipping of not more than six strokes of the rotan.
However, it is under the purview of the Immigration Department to take action against companies or workers involved in offences under the Immigration Act, Asri added.
Company facing financial issue during MCO
Malaysiakini previously reported that Shahzad Ahmed took his own life at a worksite along Jalan Ampang on April 17, after posting a video accusing his employer of failing to pay his salary for five months.
The police investigation showed that the company, Landseal Sdn Bhd, had financial problems as it was affected by the movement control order.
Saravanan then gave his assurance that the ministry would, through the Labour Department, investigate the incident thoroughly and that appropriate action would be taken if the allegations were found to be true.
He also said the Ministry would develop an e-Wages system soon to monitor the payment of monthly salaries to workers in real-time.
During the movement control order (MCO), at least 49 foreigners committed suicide from March to October of 2020. Most of them are believed to be migrant workers.
If you are feeling depressed or suicidal, or know someone who is, please call the following hotlines:
Agape Counselling Centre Malaysia
Hotline: 03-77855955 or 7781 0800
The Befrienders
Hotline: 03-79568144 or 03-79568145
Life Line Association Malaysia
Hotline: 03-42657995
- Mkini
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