An Indonesian domestic worker whose work pass has been renewed annually over the past 17 years was at the Kuala Lumpur Labour Court today, claiming 12 years of unpaid wages.
Nani (not her real name), who was rescued by the police in November last year, alleged her employers had refused her pleas to return her home and instead, at one point offered to book a burial plot for her in Malaysia.
“I told them, no matter what happens to me, I want to be sent home. Please send me home,” shared the mother of two from East Nusa Tenggara, Indonesia.
Nani alleged that she was denied any form of outside communication all these years and when she managed to reconnect over several tearful video calls with her family, she learned that they had presumed her dead.
“They had marked me as deceased and removed my name from the Kartu Keluarga (Family Card).
“They were all shocked to hear from me,” said the 47-year-old, who also learned through recent calls that she was now a grandmother of three.
RM116k claim for working in household of 12 disputed
The compulsory Indonesian Family Card keeps a record of every family, identifying the heads of the family, the respective members, and their relationships.
Sadly, Nani was only able to speak to her mother over video calls before she passed away on April 29.
“She asked me to come home,” said Nani when asked about her last conversation with her mother.
Last year, Tenaganita consultant Abdul Aziz Ismail was alerted to Nani’s situation by a neighbour who photographed Nani washing the employer’s car at 5am.
Aziz said the neighbour claimed Nani related her situation of being made to stay here over the past 17 years despite her pleas to be sent home.
He said Nani explained that she started working with her employer in Bandar Sungai Long the first week she arrived in 2005.
“After that, she was sent to work at the employer’s sister’s house, which had a household of 12 people, for 12 years.
“She also assisted in cleaning the employer’s oil drums used in their business,” he said, adding that Nani was allegedly only able to go out when the family took her with them.
After working for the household of 12, Nani was sent to work at her employer’s son-in-law’s house in Mont Kiara where she was rescued after four years, Aziz added.
“When rescued, the head of the household had immediately negotiated to pay RM55,000 in unpaid wages for the four years she had worked there.
“The claim in the court is for the RM116,000 in unpaid wages for the 12 years she worked in the second house.
“This includes overtime and is based on monthly wages that started at RM450, was increased to RM900 and increased again to RM1,000,” explained Aziz.
He added that her immigration status was never in doubt as the legitimate employer had diligently renewed Nani’s temporary employment visit pass every year at the Immigration Department.
Aziz clarified that while the process of employment pass renewal was an annual undertaking, it did not require any approval or clearance from the Labour Department.
Cops say no forced labour element
The investigating officer from Bukit Aman who carried out the rescue told Malaysiakini there was no criminal investigation being carried out on the employer.
Confirming that the police had found no forced labour elements, the police officer explained that during the rescue, Nani was home alone with the children, all of whom are below 12 years of age and their parents were out.
The investigating officer also observed that Nani was happy to be working with her latest employer and there were no signs that she was kept locked in the house.
However, he was unable to confirm if Nani owned a phone at the time of the rescue.
When met at the Kuala Lumpur Labour Court in Menara Perkeso, Jalan Ampang, Nani’s lawyer Saleh Ahmad said the case had been postponed to May 30 to allow both parties to file all their respective documentation, complete with calculations and witness statements. - Mkini
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