Covid-19Penang MTUC: Supermax US sanction must be cause of concern across sectors

The latest US Customs and Border Protection (CBP) agency's sanction against subsidiaries of local glove maker Supermax Corporation Bhd should serve as a cause of concern to the industry and employers in other sectors, according to the Penang division of the Malaysian Trades Union Congress (MTUC).

Penang MTUC secretary K Veeriah (above) said this was as the US CBP had in the past imposed withhold release orders against other Malaysian companies suspected of non-adherence to the International Labour Organisation's (ILO) forced labour indicators.

"While violation of forced labour indicators in the primary employment sectors, such as manufacturing, plantations, etc, may be glaringly identified, it may not be the case in relation to economic activities such as service, hospitality, micro, small and medium enterprises.

"Whether migrant workers in these said spheres of economic activities are protected from forced labour indicators or not needs closer scrutiny," Veeriah said in a statement yesterday.

Supermax Corp is the fourth Malaysian firm to face such a ban in the past 15 months.

In September, Malaysiakini reported that a Supermax subsidiary - Maxter Glove Manufacturing Sdn Bhd - was facin1g accusations of facilitating harmful living conditions and unlawful pay deductions towards its foreign workers.

Maxter Glove at the time refuted the claims and said it had procedures in place for workers to bring their grievances forward.

Comprehensive policy needed 

With mounting demands from employers for the government to reopen entry of migrant workers, Veeriah said it is imperative that the government puts in place a comprehensive migrant workers employment policy with the objective of compliance with the ILO'S forced labour indicators.

"It is our view that unless such a holistic realignment of the migrant workers' employment policy is set in place, it would lead to much more companies and industries facing the possibility of sanctions imposed by importing countries.

"We, therefore, urge the government to consider the recommendations put forth by the independent committee on foreign workers issues that was instituted during the Pakatan Harapan government," he added.

Various recommendations from the committee, headed by former Court Of Appeal judge Hishammudin Yunus, have been reported in the past but the entire document to date remains classified under the Official Secrets Act 1972.

Among others, Veeriah cited a call by former human resources minister M Kulasegaran for the Home Ministry to hand over the management of foreign workers to the Human Resources Ministry for better enforcement.

"Given the fact that Malaysia has ratified ILO Convention 29 on Forced Labour, it would mean that our country has an obligation to implement legislative measures to punish cases of forced labour as a penal offence," he stressed.

Elements of forced labour found in various manufacturing sectors saw Malaysia downgraded to Tier 3, the worst tier, in the US State Department's annual report on human trafficking.

The US State Department Trafficking in Persons 2021 report also found that a segment of employers accused of human trafficking crimes was instead probed and charged under Malaysian immigration or labour laws.

'Govt needs to address inadequacies in law'

Penang MTUC called on the government to address inadequacies in the Employment Act 1955 on issues, including access to legal remedies by aggrieved migrant workers, pursuant to ILO Convention 29.

"Opinions have also been expressed that the Anti-Trafficking In Persons Act 2007 (Atipsom) needs to be amended to provide for a clear definition of forced labour, with regard to the 11 forced labour indicators as per ILO Convention 29.

"The MTUC is of the conviction that complementary amendments to both the Employment Act, Atipsom and other related laws would reflect the government's willingness to subscribe to internationally accepted labour standards in respect of employment of migrant workers," Veeriah said. 

Human Resources Minister M Saravanan had on Monday reportedly tabled an Employment Act (Amendment) Bill for first reading, with proposed amendments to comply with standards and practices as required by the ILO, the Trans-Pacific Partnership Agreement and the Malaysia-United States Labour Consistency Plan. - Mkini