Wednesday, September 11, 2013

Minister to seek migrant labour deal in Malaysia (Myanmar Times) - 9 September 2013

Minister to seek migrant labour deal in Malaysia


A Ministry of Labour delegation will travel to Malaysia this week to propose a program to register undocumented migrant workers in Myanmar, a week after hundreds were detained in a nationwide crackdown launched by the Malaysian government.
Detained migrants, their hands bound, sit on the ground following a raid by immigration officials near Kuala Lumpur shortly after midnight on September 1. Photo: AFPDetained migrants, their hands bound, sit on the ground following a raid by immigration officials near Kuala Lumpur shortly after midnight on September 1. Photo: AFP

The delegation, scheduled to depart on September 9, will be led by Minister for Labour, Employment and Social Security U Aye Myint.
Department of Labour director U Myo Aung, who will also travel to Malaysia with the delegation, said the government hoped to reach an agreement with Malaysia on registering undocumented migrant workers.
“We [have] realised that solving problems each time they occur does not work. We need some policies to protect our workers there so we want to focus on negotiating an agreement,” he told The Myanmar Times on September 7.
He hinted that a temporary ban on sending migrant workers to Malaysia through legal channels that the government announced in June could be lifted after this week’s visit. “After we check the conditions in Malaysia, we’ll [allow] workers to go there if everything is fine for them,” he said.
Malaysia’s home affairs minister was quoted as saying last week that more than 2400 undocumented migrants have been arrested in 40 raids since the operation began on September 1.
More than 550 of those detained are Myanmar nationals but the Malaysian embassy in Yangon said last week it expects that number to climb as the sweeps continue.
The three-month operation is aimed at rooting out and deporting some 500,000 illegal workers – mostly from Bangladesh, Myanmar and Indonesia – who live in Malaysia and survive on low-paying jobs.
U Myo Aung said he did not think the government could do anything to help detained illegal workers because of the Malaysian government’s policy.
“From their side, the Malaysian government did their job and the workers are illegal so yes, they have the right to arrest them. They arrest every illegal worker – not only those from Myanmar but also from Indonesia, Vietnam, India and other countries,” he said.
 
Pranom Somwong, a representative of the Worker Hub for Change and Network of Action for Migrants in Malaysia, said the sweeps are mostly focusing on Kuala Lumpur, Selangor, Penang and Johor, which have been identified as “hubs” for undocumented workers.
Suspected illegal foreign workers sit on the ground during an immigration raid operation shortly after midnight on September 1 outside Kuala Lumpur. Photo: AFPSuspected illegal foreign workers sit on the ground during an immigration raid operation shortly after midnight on September 1 outside Kuala Lumpur. Photo: AFP


The Malaysian embassy estimates that there are 100,000 illegal Myanmar workers in Malaysia. There are another 300,000 documented workers, while about 3000 Myanmar nationals apply each month for Malaysian work visas.
The visit will be the second that Myanmar officials have made to Malaysia in recent months because of concerns over the safety of migrant workers.
Many workers are lured to Malaysia by brokers and employers with the promise of relatively high-paying jobs but after arrival find themselves working in poor conditions for low wages with their passports being held by their employers.

“Workers find themselves caught between potentially unscrupulous employment agencies and the risk of being arrested by immigration authorities,” said Ms Pranom.
Charles Hector, a lawyer and human rights activist in Malaysia who has worked extensively with Myanmar workers, described the crackdown as misguided because it targets workers instead of the employers and broker agencies that force them out of legal jobs.

He said many workers arrive in Malaysia legally but quit their jobs and lose their status as documented workers when they find conditions and pay far below what they expected.

He said another problem stems from workers being offered long-term contracts only to have them quickly terminated by employers looking to save money or operate off the books.

“The question is: How did they become undocumented?” said Mr Hector.
The Myanmar embassy in Kuala Lumpur could not be reached for comment last week, with repeated phone calls going unanswered. - Myannmar Times, 9/9/2013, Minister to seek migrant labour deal in Malaysia

18 former DRB-Hicom employees cry foul over dismissal (Star)

 

 

 

Background
 
On 3/5/2013, a group of 18 workers submitted the MTUC memorandum to one of the contesting candidates in the Pekan parliamentary constituency, which also happens to be the constituency that the Prime Minister of Malaysia was contesting. The 13th General Elections was held on 5/5/2013, and these workers were trying to get commitments for worker demands/rights from the candidates before voting day.

HICOM Automotive Manufacturers (Malaysia) Sdn Bhd, which assembles automobiles for Suzuki, Mercedes-Benz and Volkswagen, has issued show cause letters on  22/5/2013 to 16 workers, and speedily proceeded with the 'Domestic Inquiry' which began on 11/6/2013. ISUZU HICOM Malaysia Sdn Bhd, that assembles automobiles for Isuzu, also issued show cause letters to 2 workers and conducted domestic inquiry.
* The Domestic Inquiry for 16 workers was done in One(1) day, and the  National Union of Transport Equipments & Allied Indutries Workers(NUTEAIW) were not allowed to represent the workers in the DI - only the members at the factories concerned or the 'work site committee of the Union' were allowed to represent these workers. The collective bargaining agreement is between NUTEAIW and the factory.
19/8/2013 - all 18 workers were terminated
20/8/2013 - National Union of Transport Equipments & Allied Indutries Workers(NUTEAIW), being the Union the said workers belonged to, issued a Media Statement, "Termination action against workers exercising their political rights is abhorred"
 

18 former DRB-Hicom employees cry foul over dismissal








PUTRAJAYA: Eighteen former employees of a government-linked company have alleged that they were dismissed from their jobs after submitting a memorandum to a politician in the run-up to GE13.

According to National Union of Transport Equipment and Allied Industries Workers (NUTEAIW) president, Mohd Yusof Hamidi, the employment of 18 of its members were terminated on Aug 19, after being suspended from work for 85 days following a domestic inquiry. 

Mohd Yusof said the 18 workers, formerly employed at DRB-Hicom’s automotive subsidiaries at Pekan, Pahang, were involved in submitting a Malaysian Trades Union Congress demand for union rights and benefits to PKR candidate Fariz Musa on May 3 in Pekan. 

Fariz stood against Prime Minister Datuk Seri Najib Tun Razak for the Pekan parliamentary seat. 

"The charges levied against our members were (that they had undermined) the good name of the company and (attempted to) bring about any form of influence or outside pressure to support any claim that is related to service, be it an individual claim or claims of the employees.

"The employers allegedly were of the position that the participation and action of the 18 members was contrary to the interest of the company, and giving a false impression that the company was involved in politics," said Mohd Yusof in a memorandum which was submitted to Najib’s office here Wednesday.

The workers had gathered outside the Prime Minister’s Office Complex, bearing banners seeking Najib’s help to be reinstated to their former positions.

Meanwhile, DRB-Hicom Berhad maintains that the dismissal were in accordance with the relevant employment and industrial law of Malaysia.

"The disciplinary action taken against these workers was conducted in accordance with all applicable laws and company policies in relation to breaches of the company’s terms and conditions of service arising from the unauthorised representation of the company which were recorded, and subsequently uploaded online for public viewing. 

"It was not for exercising their political rights as alleged by the said workers or parties that claim to be representing them," the company said in a statement to The Star. - Star, 11/9/2013, 18 former DRB-Hicom employees cry foul over dismissal

Thursday, September 5, 2013

Malaysia intends to track migrant workers like 'criminals' by inserting RFID in ID cards

RFID in Identity Cards - tracking Migrant Workers like cattle and criminals is unacceptable - will soon all Workers, Malaysians also be deprived their privacy?

Now, Malaysian government is seriously going to infringe the privacy of migrant workers (and maybe later Malaysians too) with the introduction of  Radio Frequency Identification (RFID) into their identity cards. That means their movement can be tracked as though they as though they are cattle or criminals.
A total of 1.4 million Bangladeshi workers, scheduled to be recruited in stages from early next year, will be issued special identity cards (IC). 

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the ICs would have Radio Frequency Identification (RFID) and biometric technology, and would function as a debit card and stored-value card (such as Touch & Go).

Radio Frequency Identification (RFID)

RFID tags, a technology once limited to tracking cattle, are tracking consumer products worldwide. Many manufacturers use the tags to track the location of each product they make from the time it's made until it's pulled off the shelf and tossed in a shopping cart.

Outside the realm of retail merchandise, RFID tags are tracking vehicles, airline passengers, Alzheimer's patients and pets. ...the noncommercial uses of RFID tags and how the Departments of State and Homeland Security are using them. Lastly, we'll examine what some critics consider an Orwellian application of RFID tags in animals, humans and our society. - Wikipedia

Malaysia also announced that they will soon be using electronic monitoring device (EMD) on suspects - this also is unacceptable because a person is innocent until proven guilty. Maybe, it may be acceptable as a 'new' bail condition, that too should be restricted to serious and violent crimes only and a for a limited short period only, for trials should be speedily held - if not, it will be abused and be akin a 'punishment without trial' where people may be simply charged and held on bail indefinitely. We really need a criminal compensation scheme in place so persons can be compensated for loss of liberty and other freedoms, if their charge is subsequently withdrawn, found not guilty, ... The other category of persons maybe those let out earlier on parole - i.e. earlier than their prison sentence by reason of good behavior - and that too maybe for serious and violent crimes only. As it is ex-convicts are already facing discrimination and hurdles to re-integrate into society resulting in many returning to their ways of crime by reason of no other choice.

The Home Ministry plans to use the electronic monitoring device (EMD) on offenders charged under the Security Offences (Special Measures) Act 2012 by end of next month.

Attorney-general Abdul Gani Patail confirmed that the government had approved the use of EMDs to track organised and violent crime suspects to ensure they would not commit other crimes while out on bail.- Malaysiakini, 24/8/2013, Electronic monitoring device to be implemented in Sept
EMD and this RFID may be different devices/technology but their intent is the same, to track people and their movement. There was some talk before that our new MyKad may have been something similar to RFID - maybe some MP should ask that question in Parliament to just make us all feel safe, and that our privacy is not being infringed by our government.

In any event, migrant workers should never be treated LESS - they are human beings. They are workers - and they should not be treated like some product in a supermarket, cattle or like criminals (or suspected criminals).

What happens to migrant workers today may soon be happening to LOCAL workers later - then maybe even all Malaysians. The 'contractor for labour system' which erodes direct employment relationship between the worker and the owner/operator of the workplace(principal), weakens unions, erodes worker rights, etc... started out with Migrant Workers around 2005 - but today LOCAL workers are also victims of this very unjust system.
We  have to protest these plans by the Malaysian government which undermine human dignity, freedoms ...and yes, the right to personal privacy.
Published: Thursday August 22, 2013 MYT 7:14:00 PM
Updated: Thursday August 22, 2013 MYT 7:18:23 PM

Ahmad Zahid: Bangladeshi workers to get special IC

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi.
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi.





PUTRAJAYA: A total of 1.4 million Bangladeshi workers, scheduled to be recruited in stages from early next year, will be issued special identity cards (IC). 
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the ICs would have Radio Frequency Identification (RFID) and biometric technology, and would function as a debit card and stored-value card (such as Touch & Go). 
"The cards would be colour coordinated to indicate different employment sectors to prevent the workers from switching jobs," he told reporters after a courtesy call from Bangladesh Expatriates Welfare and Overseas Employment Minister Khandker Mosharraf Hossain here on Thursday. 
He said the workers would be screened to ensure that they had no prior criminal records before being recruited and those found moving sectors would be fined up to RM12,000. 
"One of the issues discussed was temporary housing for the workers, so they will be taken care of and to prevent assimilation problems with locals," said Ahmad Zahid. 
He said the Bangladesh workers' entry had been agreed during Datuk Seri Hishammuddin Tun Hussein's term as Home Minister, to cater to the shortage of workers in the plantation and services sectors. 
"They will be brought in under a government-to-government agreement to prevent exploitation by middlemen. 
"We're also discussing the same approach with other countries such as Indonesia and Myanmar," he said.
Meanwhile, Khandker said the government-to-government deal would reduce cost from US$4,000 (RM13,284) to US$400 (RM1,328) per worker.
"Before this, they had to work four to five years to repay the cost due to exploitation by middlemen, but now they can settle the amount in two months," he said. - Bernama - Star, 22/8/2013, Ahmad Zahid: Bangladeshi workers to get special IC

Wednesday, September 4, 2013

18 workers terminated for handing memo to election candidates to get commitment for worker rights before General Elections

18 workers terminated for exercising a citizen's right to participate in the political life of Malaysia

It is a sad day for Workers in Malaysia when on 19th August,  18 workers were terminated by the DRB HICOM companies in Pekan.

52 Groups responded when disciplinary action was commenced against the workers, vide a Joint Statement entitled, "DRB HICOM MUST RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA –Stop disciplinary action against workers for exercising their political rights dated 25/6/2013.

The plea was made to DRB HICOM and also the Prime Minister of Malaysia, also the MP for Pekan. (The PM is yet to respond to our letter)

As it is, public servants's right to participate in peaceful assembly and other political activities are curtailed by the government, their employer. Now, it seems that private sector employers are also trying curtail the rights of their workers...An employer should only have control of their workers during the work-hours, and in matters directly linked to their employment. When employer extends their 'control' over workers with regard their activities outside working hours, and in this case a Union sanctioned activity, it is unacceptable - Will Malaysian workers stand up and fight in the public arena, or would they choose to 'silently' resort to just using the available legal avenues of access to justice or just keep 'silent' as their rights be eroded. Media sadly gives little or no space to worker, union and civil society statements - and likewise, our politicians also 'avoid' taking up worker/union issues.

Below is a report from the Blog LABOUR BULLETIN, which has added graphics to the UNION statement after the workers were terminated.

Message to TAN SRI SYED MOKHTAR AL BUKHARY - Press Release ::: Press Report for DRB Group – Termination action against workers exercising their political rights is abhorred.


We, the National Union of Transport Equipments & Allied Indutries Workers NUTEAIW) is appalled by the action of DRB Hicom companies, being Hicom Automotive Manufacturing Sdn Bhd and Isuzu Hicom Sdn Bhd in Pekan, taking disciplinary action against 18 workers who exercised their right as citizens outside working hours.  Pursuant to a decision by the Malaysian Trade Union Congress (MTUC), which was also supported by the NUTEAIW, to extract commitments on worker rights from contesting candidates and political parties, workers went to meet contesting candidates before election day.
On 3/5/2013, these 18 workers submitted the MTUC memorandum to one of the contesting candidates in the Parliamentary constituency, which also happens to be the constituency that the Prime Minister of Malaysia was contesting. For this, disciplinary action have been initiated by two  DRB HICOM companies in Pekan, after more than 85 days of suspension were terminated on 19th August 2013.
Hicom Automotive Manufacturing Sdn Bhd, which assembles automobiles for
Suzuki, Mercedes-Benz
and Volkswagen, issued show cause letters to 16 workers, and speedily proceeded with the Domestic Inquiry on 11th June 2013 and terminated them on 19th Auguste 2013. Likewise, Isuzu Hicom Sdn Bhd, that assembles automobiles for Isuzu, issued show cause letters to 2 workers and they too has been terminated by the Company on 19th August 2013. The workers were not allowed the right to be represented by representatives of the National Union, only representatives from the work site committee.

We consider this not only a gross violation of worker rights, but a violation of the right of citizens to participate in the democratic process of Malaysia during the 13th General Elections. No employer should have the right to dictate directly or indirectly the political choices, activities and/or actions of their workers, more so outside employment hours. Workers, as citizens, of Malaysia must have the freedom to join and participate in any political parties, even offer themselves as candidates and involve themselves in campaigning in general elections. Hence the taking of this disciplinary action against workers for things they did in exercise of their rights as citizens in a democracy during the 13th General Elections is an infringement of their rights. The best thing that these DRB Hicom companies can do now is to immediately reinstate these workers without any delay.
 
The charges levied against the workers are (1) Undermining the image or good name of the company orally, in writing or by action, and (2) Bringing about or trying to bring about any form of influence or outside pressure to submit or support any external claim that is related to service be it an individual claim or claims of other employees.
The employer allegedly is of the position that the participation and action of the said 18 workers,Photo were contrary to the interest of the company gave the false impression that the company was involved in politics.

If the company fears that there will be a perception that ‘the company was involved in politics’, it is hypocritical given the fact that during campaigning period, on 25/4/2013, the company encouraged workers to go and meet the Barisan Nasional Paliamentary candidate for Pekan, Mohd Najib Abdul Razak, also the incumbent Prime Minister. Workers were allowed to go for the meeting during working hours. This event was also highlighted in Najib’s 13th General Election Pekan Constituency candidate website (http://www.parlimenpekan.com,) and the posting was entitled ‘Dato’ Sri Najib Beramah Mesra Dengan Warga DRB-Hicom Pekan’Najib Beri Sijil 2(Dato’ Sri Najib Socialize with DRB-Hicom citizenry). Later that very day women workers were also allowed by the company to meet up with Najib’s wife.

Companies and businesses should never terminate a worker for reasons other than matters that relates to work performance and/or their conduct as a worker save for very exceptional cases like where a worker is convicted for a criminal offence.
These 18 workers have families and children, and a termination would cause great hardship to their wellbeing and livelihood. Amongst the 18 are also trade union leaders, including also the current chairperson of MTUC Pahang Division
, and as such termination of worker leaders may also be perceived as a ‘union busting’
 action by these DRB Hicom companies.
We call on DRB Hicom,  Hicom Automotive Manufacturing Sdn Bhd and Isuzu Hicom Sdn Bhd to immediately reinstate them without loss of benefits.
We call on Prime Minister Mohd Najib Abdul Razak,being also the Member of Parliament for Pekan, to intervene and ensure that worker and citizen rights of his constituents are not violated by employers.

This press release is prepared and released by:


N.GOPAL KISHNAM
General Secretary
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
No. 30 A, Jalan Utas A, Section 15, 40000 Shah Alam. Selangor Darul Ehsan. Malaysia
Tel : 603-55192421 or 603-55193860
Fax 603-55106863
e-mail: nutew@streamyx.com or kishnam18gp@yahoo.co.uk 
 
Source: Labour Bulletin
See earlier post:-

Now 51 groups call on DRB HICOM TO RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA