Media Statement \u2013 11\/6\/2010<\/p>\n
STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE
\n– MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT
\nWORKER WHO COMPLAINED TO LABOUR DEPARTMENT<\/p>\n
We, the undersigned 65 organizations, groups and networks, concerned about migrant and worker rights, are appalled at the treatment of workers at Maxter Glove Manufacturing Sdn Bhd (229862-H), at its factory at Lot 6070, Jalan Haji Abdul Manan, 6th Miles off Jalan Meru, Klang, Selangor, Malaysia.<\/p>\n
We are appalled at the dismissal of Thu Maung, a Burmese migrant worker, who courageously lodged a complaint at the Labour Department to claim his rights as a worker. Claiming worker rights by lodging complaints against errant employers at the Labour Department is the proper and legally recognized procedure in Malaysia. It is very wrong for employers to discriminate against and\/or terminate workers who are exercising their legal rights. It is also wrong for employers to discourage and\/or threaten workers from seeking justice, when worker rights are being violated.<\/p>\n
Maxter Glove Manufacturing Sdn Bhd is a subsidiary of Supermax Corporation Berhad. Maxter Glove Manufacturing Sdn Bhd is a gloves manufacturer that makes Latex Powdered Examination gloves, Clorinated & Polymer Coated Latex Powder Free gloves, Nitrile Gloves and Sterile surgical gloves which is also exported overseas. Supermax Corporation Berhad is an established company, that according to their 2009 Annual Report made an after-tax profit of about RM126 million.<\/p>\n
On 23rd March 2010, Thu Maung and another Burmese migrant worker from Maxter Glove Manufacturing Sdn Bhd lodged a complaint at the Subang Jaya Labour Department. Their complaints, amongst others, was that the employer:-<\/p>\n
a.\thad wrongfully deducted levy, that employers have to pay when they employ migrant workers, from the worker\u2019s wages,
\nb.\thad unlawfully deducted the medical check-up fees of RM1000 from the worker\u2019s wages,
\nc.\thad wrongfully withheld 2 months wages,
\nd.\thad failed to provide the migrant worker with accommodation,
\ne.\thad not been giving the workers one rest day per week,
\nf.\thad made the workers work overtime(sometimes up to 13 hours per day), and also on public holidays and rest days, and had thereafter failed to pay overtime wages and wages for working on rest days and\/or public holidays at the statutorily stipulated rates.<\/p>\n
On 23rd March, Thu Maung and another had also lodged a complaint at the Malaysian Human Rights Commission (SUHAKAM).<\/p>\n
On 12 April 2010, Thu Maung went again to the Labour Department in Rawang and gave a detailed complaint, whereby the Rawang Labour Department did record the complaint and forward the same to the Labour Department office in Port Klang, because they said that the Port Klang Labour Office, has the requisite jurisdiction since the employer, Maxter Glove Manufacturing Sdn Bhd, is in Klang.<\/p>\n
According to Thu Maung, after about 1 month since the lodging of the complaint at the Subang Jaya Labour office, company\u2019s representatives started intimidating workers individually by asking them who had complained to the Labour Department, and whether they were also going to complain to the Labour Department. This form of intimidation of workers is deplorable. This kind of actions by employers has the tendency of instilling fear and preventing workers from claiming their legally recognized labour rights.<\/p>\n
On 28 April 2010, Thu Maung\u2019s supervisor at the company, for no reason, suddenly asked him to return the worker\u2019s pass and not to come back to work. Thu Maung was wrongfully terminated, and he verily believes that this was done just because he had complained to the Labour Department, and was perceived as the leader of the workers who wanted to claim their rights.<\/p>\n
It is even worse when the worker is a migrant worker, for a termination will usually mean a cancellation of the work visa, and deportation back to their home country. This also would mean that they would not be able to even pursue their claims at the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and\/or Civil Courts as the physical presence of the complainant and\/or litigant is necessary for the continuation of process of claiming rights.<\/p>\n
The practice of terminating, cancellation of work visa and immediate deportation is a blatant disregard of the laws in Malaysia that exist to protect worker rights.<\/p>\n
Work passes in Malaysia allow workers to work only for a specific employer \u2013 and hence a termination would leave the worker with no ability to work and earn a living legally in Malaysia, while he awaits the determination of the process that may give the worker justice. Cancellation of the work pass also makes his stay in Malaysia illegal, and he risk being arrested, detained and deported.<\/p>\n
It is sad that the current laws and practices of Malaysia, which used to employ more than 2 million migrant workers have not been amended yet to ensure that workers who claim their rights are not wrongfully terminated and sent back.<\/p>\n
Whilst there is a clear provision in the Industrial Relations Act 1967, that is section 5, which explicitly prohibits employers (or persons acting on behalf of employers) from discriminating, threatening, dismissing or acting negatively against workers who are interested in forming, joining, and\/or encouraging other workers to join trade unions, there is no similar clear provision in law protecting workers who want to claim their worker rights through the Labour Departments and other available avenues. As an example, section 5(1)(c) and (d) of the Industrial Relations Act 1967is as follows:-<\/p>\n
(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall –
\n\u2026. (c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;
\n(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman –
\n(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or
\n(ii) participates in the promotion, formation or activities of a trade union; or\u2026
\nThere should be a similar clear provision in law that will prevent employers from harassing, threatening, discriminating and\/or dismissing workers that claim their worker rights using existing avenues of complaints and remedies. The act of employers impeding, dismissing (or threathening to dismiss) workers who claim their worker rights should also be made an offence with a hefty fine. Workers should also receive a significant sum in exemplary damages, over and above their claim. Deterrence is needed to stop this unhealthy practice of employers violating worker rights, and preventing them access to justice.<\/p>\n
In the case of Thu Maung, we call for the immediate reinstatement of Thu Maung without any loss of benefits.<\/p>\n
We call on Dato’ Seri Stanley Thai, Executive Chairman cum Group Managing Director of Supermax Corporation Berhad, to ensure that the wrong done by their subsidiary, Maxter Glove Manufacturing Sdn Bhd, to Thu Maung and other workers in the said company is ended, and that all workers are paid forthwith what has been wrongly deducted from their wages, monies that have wrongly been withheld returned, outstanding overtime payments, and that all legitimate claims are settled.<\/p>\n
We call on the government of Malaysia to do the needful, including enacting laws that will deter employers in Malaysia from exploiting workers, and also protect workers that claim their worker rights from the negative acts of repercussion and\/or \u2018revenge\u2019 by some bad employers.<\/p>\n
We also call on the government of Malaysia to ensure that all migrant workers can continue to stay and work legally in Malaysia until their cases in the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and\/or Civil Courts, and appeals thereafter are completed.<\/p>\n
Charles Hector
\nPranom Somwong<\/p>\n
For and on behalf of the following 65 organizations<\/p>\n
ALIRAN, Malaysia
\nAlliance of Health Workers Philippines
\nArakan League for Democracy (ALD-LA-MALAYSIA)
\nAsia Pacific Forum on Women, Law and Development (APWLD)
\nAsian Migrant Centre (AMC)
\nAsian Migrants Coordinating Body-Hong Kong (AMCB)
\nAssociation of Indonesian Migrant Workers in HK (ATKI-HK)
\nBAYAN USA.
\nBOMSA, Dhaka, Bangladesh
\nBUGKOS
\nBurma Campaign, Malaysia
\nBurma Partnership
\nCanada-Philippines Solidarity for Human Rights (Vancouver, BC Canada)
\nCenter for Japanese-Filipino Families
\nClean Clothes Campaign -International Secretariat
\nCommittee for Asian Women (CAW)
\nCommunication Union of Australia (Vic Branch)
\nEmpower, Chiang Mai
\nFilipino Migrant Center
\nFrank-Hubner-Scholl Resistance Movement of the White Rose
\nFree Burma Campaign Singapore (FBCSG)
\nFriends of Burma, Malaysia
\nGabriela-Taiwan
\nIMA Research Foundation, Bangladesh
\nIndonesian Migrant Workers Union, Hong Kong
\nInstitute for National and Democratic Studies of Indonesia (INDIES)
\nInterfaith Cooperation Forum
\nKAFIN-Migrante (Saitama)
\nKafin Migrant Center, Japan
\nLabour Behind the Label, United Kingdom
\nMADPET – Malaysians against Death Penalty and Torture
\nMalaysian Trades Union Congress (MTUC)
\nMay 1st Coalition for Worker & Immigrant Rights, USA
\nMekong Migration Network (MMN)
\nMigrante Aotearoa New Zealand
\nMigrante B.C. (Canada)
\nMigrante Denmark
\nMigrante Europe
\nMigrante International
\nMigrante-Middle East
\nMigrante Nagoya
\nMigrante Taiwan
\nMigrante UK.
\nMigranteng Ilonggo sa Taiwan
\nNational League for Democracy [NLD (LA)], Malaysia
\nNational Network for Immigrant and Refugee Rights (NNIRR), U.S.
\nNetwork of Action for Migrants in Malaysia (NAMM)
\nPAN Asia and the Pacific
\nParti Rakyat Malaysia (PRM)
\nPersatuan Kesedaran Komuniti Selangor (EMPOWER)
\nPersatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)
\nPhilippines Australia Union
\nPhilippine Society in Japan
\nPINAY (Filipino Women’s Organization in Quebec)
\nPusat Komas
\nRights Jessore, India
\nShan Refugee Organization, Malaysia
\nSuara Rakyat Malaysia (SUARAM), Malaysia
\nThe Asia Pacific Mission for Migrants (APMM)
\nThe Best Friend Library – Chiang Mai, Thailand
\nThe Hong Kong Coalition for Free Burma Campaign
\nThink Centre Singapore
\nUnited Indonesians against Overcharging (PILAR)
\nUnited Filipinos in Hong Kong
\nWorkers Hub for Change (WH4C)
\nYASANTI, Indonesia
\nZOMI National Congress- Malaysia <\/p>\n
For further information, please contact Charles Hector (chef@tm.net.my or easytocall@yahoo.com ) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-2371 300, or Tun Tun at 016-2980784<\/p>\n","protected":false},"excerpt":{"rendered":"
Media Statement \u2013 11\/6\/2010 STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE – MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT WORKER WHO COMPLAINED TO LABOUR DEPARTMENT We, the undersigned 65 organizations, groups and networks, concerned about migrant and worker rights, are appalled at the treatment of workers at Maxter Glove Manufacturing Sdn Bhd (229862-H), at its […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"ocean_post_layout":"","ocean_both_sidebars_style":"","ocean_both_sidebars_content_width":0,"ocean_both_sidebars_sidebars_width":0,"ocean_sidebar":"","ocean_second_sidebar":"","ocean_disable_margins":"enable","ocean_add_body_class":"","ocean_shortcode_before_top_bar":"","ocean_shortcode_after_top_bar":"","ocean_shortcode_before_header":"","ocean_shortcode_after_header":"","ocean_has_shortcode":"","ocean_shortcode_after_title":"","ocean_shortcode_before_footer_widgets":"","ocean_shortcode_after_footer_widgets":"","ocean_shortcode_before_footer_bottom":"","ocean_shortcode_after_footer_bottom":"","ocean_display_top_bar":"default","ocean_display_header":"default","ocean_header_style":"","ocean_center_header_left_menu":"","ocean_custom_header_template":"","ocean_custom_logo":0,"ocean_custom_retina_logo":0,"ocean_custom_logo_max_width":0,"ocean_custom_logo_tablet_max_width":0,"ocean_custom_logo_mobile_max_width":0,"ocean_custom_logo_max_height":0,"ocean_custom_logo_tablet_max_height":0,"ocean_custom_logo_mobile_max_height":0,"ocean_header_custom_menu":"","ocean_menu_typo_font_family":"","ocean_menu_typo_font_subset":"","ocean_menu_typo_font_size":0,"ocean_menu_typo_font_size_tablet":0,"ocean_menu_typo_font_size_mobile":0,"ocean_menu_typo_font_size_unit":"px","ocean_menu_typo_font_weight":"","ocean_menu_typo_font_weight_tablet":"","ocean_menu_typo_font_weight_mobile":"","ocean_menu_typo_transform":"","ocean_menu_typo_transform_tablet":"","ocean_menu_typo_transform_mobile":"","ocean_menu_typo_line_height":0,"ocean_menu_typo_line_height_tablet":0,"ocean_menu_typo_line_height_mobile":0,"ocean_menu_typo_line_height_unit":"","ocean_menu_typo_spacing":0,"ocean_menu_typo_spacing_tablet":0,"ocean_menu_typo_spacing_mobile":0,"ocean_menu_typo_spacing_unit":"","ocean_menu_link_color":"","ocean_menu_link_color_hover":"","ocean_menu_link_color_active":"","ocean_menu_link_background":"","ocean_menu_link_hover_background":"","ocean_menu_link_active_background":"","ocean_menu_social_links_bg":"","ocean_menu_social_hover_links_bg":"","ocean_menu_social_links_color":"","ocean_menu_social_hover_links_color":"","ocean_disable_title":"default","ocean_disable_heading":"default","ocean_post_title":"","ocean_post_subheading":"","ocean_post_title_style":"","ocean_post_title_background_color":"","ocean_post_title_background":0,"ocean_post_title_bg_image_position":"","ocean_post_title_bg_image_attachment":"","ocean_post_title_bg_image_repeat":"","ocean_post_title_bg_image_size":"","ocean_post_title_height":0,"ocean_post_title_bg_overlay":0.5,"ocean_post_title_bg_overlay_color":"","ocean_disable_breadcrumbs":"default","ocean_breadcrumbs_color":"","ocean_breadcrumbs_separator_color":"","ocean_breadcrumbs_links_color":"","ocean_breadcrumbs_links_hover_color":"","ocean_display_footer_widgets":"default","ocean_display_footer_bottom":"default","ocean_custom_footer_template":"","ocean_post_oembed":"","ocean_post_self_hosted_media":"","ocean_post_video_embed":"","ocean_link_format":"","ocean_link_format_target":"self","ocean_quote_format":"","ocean_quote_format_link":"post","ocean_gallery_link_images":"on","ocean_gallery_id":[],"footnotes":""},"categories":[107,149],"tags":[],"class_list":["post-6959","post","type-post","status-publish","format-standard","hentry","category-press-release","category-press-release_english","entry"],"yoast_head":"\n