'Pengerang a landmark case for workers' right to be paid'

The case of migrant workers who were stranded and jobless in Pengerang, Johor is a landmark one as it established that the workers had the right to be paid, whether they work or not.

Human Resources Minister Steven Sim told a press conference in Menara Perkeso, Putrajaya today that there should no longer be any issues of forced labour, in which workers are unpaid for their work.

“It is the stance of the government and the Human Resources Ministry that the foreign workers who were brought in have a right to their pay whether they worked or not,” he said.

“It’s a very clear stand we’re rejecting all slavery,” he added.

In February, the company that recruited 733 Bangladeshi workers was reportedly given 45 days to settle salary arrears amounting to RM1,035,557.50 during a proceeding held by the Department of Labour of Peninsular Malaysia.

The workers had been brought in through legal recruitment channels, but upon their arrival, they had not been provided with employment and were neglected, the ministry said.

4 cases get nod for prosecution

The company, which declined to be named, previously attributed the delay in the commencement of their work to training certifications and special passes for construction sector workers.

On May 17, the ministry said in a statement that the Johor Labour Department is in the process of enforcing the order to pay the workers the salary arrears.

Human Resources Minister Steven Sim

Under Section 69(4) of the Employment Act 1955 the errant employer stands to be fined up to RM50,000 for each offence, in addition to paying the arrears owed to workers involved.

Meanwhile, Sim said the court would decide on the number of offences, when asked if each worker constituted one offence.

He added that 10 investigation papers have been opened on the company, four of which have received the nod for prosecution from the Attorney-General’s Chambers.

“Besides that, the company’s quota for hiring foreign workers has been cancelled and the company, including its director, has been blacklisted from applying for the employment of new foreign workers,” he said.

The Labour Department has found new employers for 692 of the foreign workers, he added.

Further, Sim said the Department of Labour of Peninsular Malaysia had applied and received additional officers.

He said it will be establishing a new unit and standard operating procedures, especially for the complaints of foreign workers. - Mkini