Latest: 5 Migrant Workers being send to KLIA possibly to be send back to Burma
All the 35 workers of Sinometal did was to ask the employer to give them their rights as promised - and the employers reaction was simple, i.e. call the police and get all 35 arrested, and then now immediately try to send the 5 'leaders' back to Burma. They are apparently on the way to KLIA now.
Once sent off, the workers will have no more access to justice - for complaints about violation of worker rights must be lodged at the Labour Department, and for the hearing of the complaint until final determination by the Labour Office/Court, the presence of the complainant is a must.
So, once these workers are sent back hurriedly like this, they have just no more reasonable access to justice. [Alternatively, employers terminate cancel permits...and the worker is undocumented - and have no choice but to leave Malaysia - and again no access to justice]
The Malaysian government must put into place a mechanism that determines that all outstanding workers' claims are fully settled, and there is no monies owing to the workers, before employer be permitted to send them off.
What Sinometal is doing to its workers who are demanding their rights should also be made into an offence to prevent bad employers from doing these kind of evil to their workers.
For your information:-
* We have already informed SUHAKAM, and they have informed us that they have informed the Human Resources Minister and the DG of Immigration, and we hope that the attempt by this employer to break his employment contract with his migrant workers after just about 2 months by sending them off to Burma will be prevented. Names and passport number of the 5 workers have been given to SUHAKAM.* MTUC is also acting on this matter.
Than Myint Aung (A-459400)
Wai Yan Soe (A 459506)
Yan Naing (A 472053)
Thaung Naing (A 472051)
Myint Htoo Naing (A 472052)
The earlier post:-
I have just receive information that 35 Burmese Migrant Workers were arrested because they tried to claim their rights as workers from their employer. There was no strike or protest - but the police came and arrested all the workers. At the time of writing, I have been informed that all the workers have been released,. except 5 workers who we believe are the leaders. The police say that they will be held overnight, and it seems that the employer may be trying to send the 5 back to Burma tommorrow.
Name of Company: Sinometal Sdn Bhd, Lot 73, Kawasan perindustrian Senai, Johor Bahur, Malaysia (this is the name given). I did a search on the net, and believe that maybe the correct name of the company is Sinometal Punching Technology Sdn Bhd, Plo 73 Kawasan Perindustrian Senai Phase 3 Jalan Cyber 5, Senai 81400, Johor. P: 607-5982212 F: 607-5983212
These migrant workers arrived in Malaysia to work about 2 months ago. According to the agreement, they to get monthly wages of about RM900-00, which would mean 3 hour overtime work per day. Since, they arrived, they have only received about RM640, and no overtime. The complaint to the manager and the employer but they refused to do anything.
Employer complained to the police, alleging that the workers are trying to protest, and the police came at about 10.30am, and arrested the 35 workers from their hostel and took them to the Senai Police Station.
By about 6.45 pm, 30 workers were released but when they returned to their hostel, they were locked out by their employer, and they had to stay by the roadside. Apparently some of the workers may have gone back to the police to complain.
This is a labour dispute between workers and their employers, and the police should never have interfered. Not only did the police interfere, but they also proceeded to arrest these 35 workers from their hostel....and this is so wrong. I am really curious as to what the offence is... I do hope the Johor Legal Aid would step in to help.
What you can do:-
1- Disseminate this information.
2- Call the police and ask for the immediate release of the 5 workers still being detained.
3- Write a protest note to the company
4- Urge the Minister of Human Resources and the Labour Department to intervene and resolve this employer-worker dispute.
More updates will follow.....