68 Groups : Asahi Kosei (M) Sdn. Bhd must respect Human Rights and Worker Rights Reinstate Thiha Soe and Aung San Without Loss of Benefits

Media Statement  - 11/2/2011

Asahi Kosei (M) Sdn. Bhd must respect Human Rights and Worker Rights

Reinstate Thiha Soe and Aung San Without Loss of Benefits

We, the undersigned 68 organizations, groups and networks are shocked at how   Asahi Kosei (M) Sdn Bhd has unjustly treated its workers, in particular the 31 Burmese Migrant Workers, working at the factory at Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia.

On or about 31/1/2011, 31 Burmese migrant workers complained about non-compliance by the employer with their agreement. The workers alleged that the employer was paying them far less than what was promised. They also expressed disappointment in the wrongful deductions from their wages, which included deduction for hostel charges when the agreement was that the employer shall provide free accommodation. They also raised their disagreement with the deduction of RM50-00 for every day that a worker does not come to work, when the daily rate of pay is only RM20. They also wanted paid medical leave, which really is already a legal right in Malaysia.

In response, the workers informed us that on 7/2/2011 a gang of persons came and threatened them at their hostel. The police allegedly came with these persons. Before they left, these persons took all cooking utensils and materials, television, cooking gas, refrigerator, table fan and rice cooker) used by the workers. They switched off the electric main switch, and left the workers in the dark with no electricity. These persons reasonably can be assumed to be workers/agents of the employer.

Two workers, without their consent, were allegedly taken to the Kuala Lumpur International Airport (KLIA) with the impression that the employer will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

On 8/2/2011, the workers lodged a complaint with the Malaysian Human Rights Commission (SUHAKAM) and also were preparing the formal paperwork required to lodge a complaint with the Labour Department.

On 9/2/2011, the employer had a meeting with the said 31 workers, whereby they proposed:-

a) an increase the salary to RM23 per day (whereby previously it was RM20),

b) that there will be no more  allowances (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

c) that if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

d) Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

The employer then gave the workers an ultimatum that they sign the new contract now, or be terminated and sent back to Burma immediately. The workers were not given any opportunity or time to consider the proposal, or to discuss the matter further.

Finally, all workers save 2, cowed under pressure and signed the new contract. The 2 workers who did not sign are Thiha Soe (PP No: A 458011) and Aung San (PP No: A432863), whereby Aung San was the worker who signed the complaint for and on behalf of all the workers when the complaint was lodged at the Human Rights Commission on 8/2/2011.

Thiha Soe and Aung San were then handed over by the employer to the recruitment agent, possibly to send them back to Burma. Both workers have been separated and taken to different undisclosed location. Both workers do not want to be sent back to Burma, and want to continue working at  Asahi Kosei(M) Sdn Bhd factory in Balakong.

Asahi Kosei(M) Sdn Bhd, a subsidiary of Asahi Kosei Japan Co. Ltd., which makes Die-Cast Aluminium Parts for HDD(Computer  Parts),  VTR, And Automotive parts for, amongst others,  Hitachi Ltd Automotive Systems, Hitachi  Seisakusho, Denso(Toyota), Kawasaki Heavy Industry, Hitachi(Thai),  Modenas , Seiko  Instrument, Hitachi Global Storage, Matsushita  Kotobuki,  Matsushita   Electronics,  Toshiba, Maxtor,  Seiko  Epson, Kanematsu Device, Sony, Hitachi,  Matsushita,  JVC,  Mitsubishi Electric, Philips, Sharp, Sanyo,  Toshiba, Thomson, Yaskawa and Hitachi Mexico.  It is sad that some companies with declared code of conducts and standards are seen to be associated with companies that violate worker and human rights.

We the undersigned  68 organizations, groups and networks

a)         Call for Asahi Kosei(M) Sdn Bhd to immediately reinstate Thiha Soe and Aung San without any loss of benefits, and if they have already been sent back to Burma to cause that they be brought back to Malaysia to work;

b)     Call for Asahi Kosei(M) Sdn Bhd to apologize to its workers for the wrongs it did, and to pay fair compensation/damages for their actions/omissions that violated rights of their workers;

c)         Call for Malaysian government and/or the relevant Ministries/Department to take necessary action against Asahi Kosei(M) Sdn Bhd and the said recruiting agent concerned to ensure that justice is done for the workers;

d)         Call on the Malaysian government to legislate and make actions of preventing workers access to justice an offence with a substantial penalty, that will deter employers resorting to termination and/or deportation as a threat and/or means to avoid legitimate claims by their workers;

e)         Call on Local Councils and State authorities, who do issue permits and allow factories to operate within their jurisdiction, to ensure that such factories do not  violate human rights and worker rights. Asahi Kosei (M) Sdn Bhd operates in the state of Selangor;

e)         Call on the Malaysian government to ensure that no migrant worker is sent back to their country of origin before first verifying that all outstanding and/or potential claims and disputes between worker and employer (and/or agent or other relevant party) in Malaysia have been fully and finally settled.

f)          Call on Hitachi, Sony, Philips and other companies who do have a Code of Conduct and/or who proclaim that they hold human rights and worker rights as important, who have been listed as customers of Asahi Kosei (M) Sdn Bhd and/or Asahi Kosei Japan Co. Ltd to seriously re-evaluate their relationship with such companies that clearly do not respect human rights and worker rights.

g)         Call on consumers and/or investors to take into consideration human rights, including worker rights of companies and their supply chain when they do invest and/or purchase their consumer products.

Charles Hector

Pranom Somwong

Ko Tun Tun

For and on behalf of the following 68 organizations

Abra Tinguian Ilocano Society - Hong Kong (ATIS-HK)

Abra Migrant Workers Welfare Association (AMWWA)

ALIRAN, Malaysia

All Burma Students League

Asia Pacific Mission for Migrants (APMM), Hong Kong

Association of Concerned Filipinos in Hong Kong (ACFIL-HK)

Association of Indonesian Migrant Workers, Hong Kong

Asia Pacific Students and Youth Association (ASA)

BAYAN Hong Kong

BAYAN USA

Campagne Vêtements Propres, Belgium

Centre d'appui aux Philippines - Centre for Philippine Concerns, Canada

Cordillera Alliance in Hong Kong (CORALL-HK)

Building and Wood Workers International (BWI)

Burma Campaign Malaysia

Burma Partnership

Centre Communautaire des Femmes Sud-Asiatique, Montréal, Canada

Centre d'appui aux Philippines - Centre for Philippine Concerns, Canada

Cuyapo Association Hong Kong

Democratic Party for New Society (DPNS), Burma

Empower, Thailand

Filipino Friends in Hong Kong

Filipino Migrants Association (FMA)

Filipino Migrant Center (FMC) in USA

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Filipino Women Migrant Workers Association (FILWOM)

Filipino Women's Organization in Quebec, Canada

Free Burma Coalition, Philippines

Friends of Bethune House (FBH), Hong Kong

GABRIELA Hong Kong

GoodElectronics Network

Health Equity Initiatives, Malaysia

HMISC (Hsinchu Catholic Diocee Migrants and Immigrants Service Center), Taiwan

IMA Research Foundation, Bangladesh

Johor Texitle And Garments Workers Union

KAFTI (Japan)

Kilusang Mayo Uno, Philippines

Legal Support for Children and Women (LSCW), Cambodia

LIKHA Filipino Migrant Cultural Organization

MADPET - Malaysians against Death Penalty and Torture

May 1st Coalition, USA

Migrante B.C. (Canada)

MIGRANTE Europe, Netherlands

Migrante International

Migrante - Middle East

MIGRANTE Sectoral Party - Hong Kong

Mission Volunteers (MOVERS)

National Human Rights Society (HAKAM), Malaysia

National Union of Transport Equipment and Allied Industries Workers(NUTEAIW)

Network of Action for Migrants in Malaysia (NAMM)

Pangasinan Organization for Welfare, Empowerment and Rights (POWER)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pinatud a Saleng ti Umili (PSU)

Pusat Komas

Quê Me: Action for Democracy in Vietnam, France

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)

United Indonesians Against Overcharging, Hong Kong

Vietnam Committee on Human Rights, France

WARBE Development Foundation, Bangladesh

Workers Assistance Center, Philippines

Workers Hub For Change (WH4C)

World Forum for Democratization in Asia

Yaung Chi Oo Workers Association (YCOWA), Thailand

No treatment for migrant workers if no passport AND if no money (or no insurance)

2 migrant workers killed and others sent to hospital. What happens to those who were sent to hospital.

....The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less...

No treatment if cannot produce passport...?

No treatment if do not pay deposit first? Note Malaysia charges migrant workers 1st class rates in public hospitals, clinics, etc...

See below a recent statement that was issued by 58 civil society groups about healthcare and health insurance...

SUBANG JAYA: A Bangladeshi kitchen hand and a Nepalese security guard died while two other foreigners were hospitalised after inhaling dangerous fumes in a manhole behind the Subang Parade shopping complex.

Subang Jaya OCPD ACP Zainal Rashid Abu Bakar said the incident occurred at about 2pm when witnesses stumbled upon the men gasping for air at the bottom of the manhole.

The Fire and Rescue Department lifted out the victims who were barely conscious after inhaling the fumes.

Helping out: Fire and Rescue Department personnel lifting out a victim who was found in the manhole near Subang Parade shopping complex Thursday.

 

According to SJ Echo, Bangladeshi kitchen hand Mohammed Momen was found lying under the three other men slumped over him. Attempts to revive him failed.

The Nepalese guard, Balinath Tah, 33, died on his way to hospital. He was believed to have responded to the distress call from the other victims.

The other two victims, a Bangladeshi and a Nepalese, have been hospitalised at the Univer­siti Malaya Medical Centre and are in stable condition.

“It is not immediately known how the victims came to be in the manhole,” ACP Zainal said yesterday.

He did not rule out the possibility that one of the victims, after being sent to investigate if there was a gas leak, fainted from inhaling the fumes.

Subsequently, others who went down the manhole including the security guards, may have also succumbed to the fumes.

Police will record statements from the survivors and witnesses.

Witnesses who were first at the scene said they saw two security guards in the manhole gasping for air when they looked into the manhole.

A Subang Parade management spokesman said Subang Parade had no scheduled maintenance work for its manholes.

“We are concerned with the incident and have launched our own internal investigations on the matter,” SJ Echo quoted the spokesman as saying.

The bodies were sent to the Universiti Malaya Medical Centre for post mortem. - Star, 11/2/2011, Two foreigners killed after inhaling dangerous fumes

Media Statement – 20/1/2011

Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

We, the undersigned 58 organizations, groups and networks are appalled that the Malaysian Government is now asking about 1.5 million migrant workers themselves, and not their employers, to buy a new Foreign Workers Hospitalisation and Surgical Insurance. If these migrant workers do not do so, the Malaysian government is threatening not to renew their work permits. The Malaysian Health Minister, Datuk Seri Liow Tiong Lai, also stated that the worker’s work permits will not be renewed if there are outstanding hospital bills. [Bernama, 7/1/2011, Foreign Workers with Insurance May Enter Hospital without Deposit]

What is worrying is that workers should never be required to pay for their treatment and necessary healthcare especially if the reason treatment is sought is a work-related or industrial accident, or some occupation-related disease.

With regard to migrant workers in Malaysia, who are required to get a clean bill of health before they enter Malaysia, and before they are given a work permit, it is only right for employers to be liable to pay for all treatment and medical charges if they do get sick in Malaysia. Further, it is generally the employer that determines where these workers must stay and work.

In Malaysia, whilst the social security of local workers are covered by the Social Security Act, migrant workers are covered by the lesser Workmen’s Compensation Act 1952, which unlike the former do not provide for continuous regular support and assistance until death for a worker who is a victim of an industrial accident or occupational disease. The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less.

It is good that the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998, extended coverage to personal injury (and death) that is sustained in an accident which occurs outside the working hours of the workman. Given this fact, there only needs to be a minimum extension of coverage to cover any remaining matters that will require treatment, hospitalization and/or surgery, and this could be done quite easily by amending the relevant Act and/or broadening the scope of the current insurance that employers already do have to buy for their foreign workers.

Malaysian Health Minister, Datuk Seri Liow Tiong Lai, was reported saying that this new insurance was to ensure that foreign workers’ medical bills in public hospitals, which to date total RM18mil, will not be a burden to the Government. (Star, 26/11/2010, Compulsory medical insurance policies for foreign workers from next year). However, this cannot be right as there should not be any outstanding migrant worker medical bills at all.

Under the Workmen’s Compensation Act, the employer is clearly liable to pay for the conveyance to the hospital, treatment, ward charges, medicines and other expenses incurred in the treatment and rehabilitation of such workmen (sec.15).  The employer is clearly liable to pay directly to the management of such hospital all fees and charges, and as such one wonders what unpaid medical bills the Minister is talking.

Further, attention also should be drawn to Workmen's Compensation Regulations 1953, in particular Regulation 18, which deals with the issue of excess fees, “A workman admitted either to an approved or a special hospital shall, where such hospital is a private hospital, himself be liable to pay the amounts of any fees or costs incurred on his behalf in excess of the maximum amounts prescribed by the Minister of Health under section 15 (3) of the Act, and, where such hospital is a government hospital, such excess amounts shall be paid from public funds.” Since, the Minister is talking about government hospitals, there is certainly no way that there exist outstanding medical bills when it comes to migrant workers.

The Malaysian pro-employer government has proceeded to further protect employers of migrant workers by limiting the maximum amount fees and cost that is payable by an employer under the Workmen’s Compensation Act. As of 1^st March 2007 (PU (A) 077/2007), this maximum liability of an employer for ward charges, including surgical ward treatment fee is RM300, for operation fees it is RM250, for X-Ray Fees it is RM100 and for other electric therapeutic charges it is RM100.

The rates stipulated are outrageously low given the fact that government hospitals and clinics charge migrant workers first class rates, and the lowest deposit for a migrant worker who needs to be warded is RM400, and if it was a surgical case, it is RM800-00. Operation charges can range from RM50 to RM3,000 depending on the type of operation. Ultrasound cost RM100. Radiology charges range from RM50-RM600. Lab charges range from RM5 to RM100 depending on the type of tests, and usually there will be quite a lot of tests needed.

But, even when the government does limit the amount that the employer is liable to pay, the excess as stipulated in Regulation 18 of the Workmen's Compensation Regulations 1953 is paid from public funds, and as such there really is no logical reason why there can ever be outstanding debt. It is really hoped that in Malaysia, the government does not expect the migrant worker to come up with the money themselves before the necessary treatment and/or surgery is done. Employers should make all the necessary payments immediately, and should thereafter do the needful to claim whatever excess payment from the public fund.

The Health Minister is naïve to insist that the migrant worker only need to provide their passport before treatment is given, as in most cases the employers and/or the agent do wrongly hold on to the passports of migrant workers. Sometimes, the passports are with immigration authorities and/or some other authorities. Hence, in the name of justice, all necessary treatment must be immediately provided to migrant workers on their arrival and registration, without insistence on the production of passport and/or payment of any large deposit. Let not the absence of a document and money be the cause of death or the loss of limbs of a migrant worker in Malaysia.

It is also very wrong to threaten to penalize the migrant worker with non-renewal of work permit, when any punishments in law should rightly be against the employer and should not in any way jeopardize the rights and the well being of migrant workers already in Malaysia.

We, the undersigned groups, hereby:-

a) Call on the Malaysian Government to ensure that all employers of migrant workers, not just those that employ domestic workers and in the plantation sector, be liable to pay for this new Foreign Workers Hospitalisation and Surgical Insurance;

b) Call on the Malaysian government to ensure that no worker would be made liable to pay for the conveyance to hospital, treatment, ward charges, medicines and other expenses following a work-related accident and/or for some occupational disease.

c) Call on the Malaysian government to repeal Maximum Amounts for Fees and Costs (PU (A) 077/2007), and ensure that employers of migrant workers be liable to pay reasonable amounts consistent with the rates imposed by the government for medical care and treatment of migrant workers at government hospitals.

d)  Urge the Malaysian government to review and remove the differential rates being charged for Malaysians and other foreigners, especially migrant workers, at government hospitals and healthcare facilities.

e)   Urge the Malaysian government to review the policy of ‘No Treatment until Production of Passport and payment of deposits”, and ensure that all who needs medical treatment and care are immediately given the said required care that will prevent loss of life and/or limbs.

Charles Hector

Pranom Somwong

For and on behalf of the following 58 organizations

Aliran

Archdiocesan Human Development Commission (AHDC)

Asia Pacific Forum on Women , law and Development ( APWLD )

Asian Migrant Centre(AMC)

Asian Migrants Coordinating Body in HK (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Indonesian Migrant Workers in HK (ATKI-HK)

Building and Wood Workers’ International Asia Pacific Regional Office (BWI-APRO)

Burma Campaign Malaysia

Cambodian Defenders Project (CDP), Cambodia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

CCC  Netherlands

Center for Orang Asli Concerns (COAC), Malaysia

Civil Right committee, Kuala Lumpur & Selangor Chinese Assembly Hall

Committee of Asian Women, CAW

Democratic Party for New Society (DPNS), Burma

Health Equity Initiatives

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

IMA Research Foundation, Bangladesh

INFID, Indonesia

Johor Textile and Garment Workers Union

Judicial System Monitoring Program (JSMP), Timor Leste

Labour Behind the Label, United Kingdom

Lawyers for Human Rights & Legal Aid, Pakistan

Legal Support for Children and Women(LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

Manggagawang Kababaihan Mithi ay Paglaya (MAKALAYA), Philippines

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Metal Industry Employees’ Union, Malaysia

Migrant Care, Indonesia

Migrant Health Association, Korea

Migrante International

Migrants Rights Council, India,

Myanmar Youth Knowledge Initiative

Network of Action for Migrants in Malaysia (NAMM)

NGOs in Myanmar Web Portal

PACOS Trust

Penang Office for Human Development (POHD)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pusat Komas

Sarawak Dayak Iban Assocoation

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

UNI Global Union-Malaysia

United Indonesians Against Overcharging (PILAR)

Verite Southeast Asia

Vietnam Committee on Human Rights, France

WARBE Development Foundation-Bangladesh

WIRDA (Women Institute for Research Development and Advancement)

Women's Legal and Human Rights Bureau, Inc. (WLB), Philippines

Workers Hub for Change (WH4C)

 

 

See also:-

58 Groups:- Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

Migrant Workers should not be charged 1st class rates at government hospitals in Malaysia

Nepali worker unncessarily dies because employer slow to act? This should stop

 

 

Asahi Kosei Update: Thiha Soe and Aung San being held separately in undisclosed location

Update:-

The 2 workers who did not sign are Thiha Soe (PP No: A 458011) and Aung San (PP No: A432863), whereby Aung San was the worker who signed the complaint for and on behalf of all the workers when the complaint was lodged at the Human Rights Commission on 8/2/2011.

Thiha Soe and Aung San were then handed over by the employer to the recruitment agent, possibly to send them back to Burma. Both workers have been separated and taken to different undisclosed location. Both workers do not want to be sent back to Burma, and want to continue working at  Asahi Kosei(M) Sdn Bhd factory in Balakong. 

.....

URGENT:- Stop ASAHI KOSEI (M) SDN. BHD from sending Thiha Soe (PP No: A 458011) back to Burma

31 Burmese Migrant Workers, working at ASAHI KOSEI (M) SDN. BHD., Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia raised some grievances with their employer, and the response of ASAHI KOSEI (M) SDN. BHD (and the recruitment agent) was to threathen, deprive the workers of their cooking material and electricity, ...and this threats included threats of termination and deportation.

 

Following the earlier posting, more information have been obtained from the workers concerned through the assistance of Burma Campaign Malaysia.

On 7/2/2011, the workers say that a gang of persons (which reasonably could be presumed to be agents of the employer) came to threathen the workers at their hostel. The police was also alleged to have been present at that time. Before this group of persons left took all the cooking material(TV, gas barrel, refrigerator, table fan and rice cooker) . They switched off the electric main switch, so the workers were left in the dark. 

 

They also allegedly took two workers, without their consent, to the KLIA International Airport stating that they will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

The Malaysian Human Rights Commission (SUHAKAM) have been notified on 8/2/2011. A complaint has also been lodged at SUHAKAM. The workers also have gone to Malaysian Trade Union Congress(MTUC) for assistance. 

Latest

ASAHI KOSEI (M) SDN. BHD, the employer, the recruitment agent and the affected workers had a meeting.

ASAHI KOSEI (M) SDN. BHD's proposal:-

- Will increase salary to RM23 per day (previously it was RM20) 

- There will be NO shift allowance (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

- That if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

- Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

- If the workers agree, they must sign a new contract now

 

All workers, save 2, i.e. Thiha Soe (PP No: A 458011)  and another allegedly agreed. The employer allegedly said that they will be sending Thiha Soeback to Burma soon. [They have already taken Thia Soe away and no one knows where]. With regard the other worker who refused to sign, I have no information at the moment.

Comments

What ASAHI KOSEI (M) SDN. BHD did, including the manner in which they forced the workers to accept the new terms and sign a new contract then and there, was so wrong. What choice did the workers have? Sign or get deported.. Let us also not forget the use of hoodlums, threats, taking of cooking material, cutting electricity at the hostel, the physical taking of 2 to the aiirport for alleged deportation...

What will the workers do after this? Will they pursue their claim through the Labour Department/Court? 

 

Even if they do not, will the Labour Department and the relevant authorities take any action against the employer, ASAHI KOSEI (M) SDN. BHD, and the recruitment agent.

Or will all be forgotten...and ASAHI KOSEI (M) SDN. BHD, and the recruitment agent and their agents get off scott free. If so, then would it not be an endorsement of all the actions of this employer?

 

I believe that at the very least, there must be a sincere apology and maybe a payment of a small sum of money as compensation/damages... More maybe should be paid for the 2 workers that was 'kidnapped' and taken to the KLIA for deportation...

 

With regard to this worker who refused to sign a NEW contract, the employer should not deport him but allow him to continue to work here in Malaysia. The said worker,  Thiha Soe (PP No: A 458011)  wants to continue working at ASAHI KOSEI (M) SDN. BHD - he definitely does not want to be sent back to Burma. But ASAHI KOSEI (M) SDN. BHD is adamant, i.e. sign new contract NOW or we send you back to Burma.

Latest...(about 1.00 am)

The employer is forcibly taking Thiha Soe (PP No: A 458011) to KLIA now to be sent back to Burma. Thiha Soe does not want to be deported...he wants to continue working at ASAHI KOSEI (M) SDN. BHD.

[A stranger in a foreign land, where he has been for only 6 months, certainly with no real grasp of the local language, they would so easily oppress him. Even if an Immigration Officer ask him whether he wants to go back or stay, he may not be able to comprehend the question at all. Certainly, he does not have his own translator...but we do know that the last position taken by Thiha  was that he did not want to be deported, and that he wants to stay and work here...]

URGENT ACTION NEEDED  To stop the wrongful sending back of Thiha Soe (PP No: A 458011) to Burma. They are already on the way to KLIA.

 

Why do employers do this so fast? To basically deprive the worker the chance to pursue justice. If the worker is not in Malaysia, he cannot file a complaint at the Labour Department, police station, Human Rights Commission, etc - and even if he had already done so, if the worker(complainant) is not physically present for the hearing...then the process cannot be continued and the employer (and other wrong-doers) get off scott free... 

What can you do?

Urge ASAHI KOSEI (M) SDN. BHD to immediately stop their attempt to send the worker, Thiha Soe (PP No: A 458011),  back to Burma. [Tel : (60) 3 89614360  Fax: (60) 3 89614354, Email : asahi@po.jaring.my   Website: http://www.asahikosei.com/index.htm]

 

Urge SUHAKAM, police, Immigration Department, MPs, ADUNs, Ministers, etc to intervene and stop the sending back of  Thiha Soe (PP No: A 458011)

 

 

See also earlier post: -  Hopefully ASAHI KOSEI (M) SDN. BHD wont terminate/deport workers who claim rights

 

 

** I have still received no e-mail response from  Asahi Kosei(M) Sdn Bhd.

 

URGENT:- Stop ASAHI KOSEI (M) SDN. BHD from sending Thiha Soe (PP No: A 458011) back to Burma

31 Burmese Migrant Workers, working at ASAHI KOSEI (M) SDN. BHD., Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia raised some grievances with their employer, and the response of ASAHI KOSEI (M) SDN. BHD (and the recruitment agent) was to threathen, deprive the workers of their cooking material and electricity, ...and this threats included threats of termination and deportation.

 

Following the earlier posting, more information have been obtained from the workers concerned through the assistance of Burma Campaign Malaysia.

On 7/2/2011, the workers say that a gang of persons (which reasonably could be presumed to be agents of the employer) came to threathen the workers at their hostel. The police was also alleged to have been present at that time. Before this group of persons left took all the cooking material(TV, gas barrel, refrigerator, table fan and rice cooker) . They switched off the electric main switch, so the workers were left in the dark. 

 

They also allegedly took two workers, without their consent, to the KLIA International Airport stating that they will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

The Malaysian Human Rights Commission (SUHAKAM) have been notified on 8/2/2011. A complaint has also been lodged at SUHAKAM. The workers also have gone to Malaysian Trade Union Congress(MTUC) for assistance. 

Latest

ASAHI KOSEI (M) SDN. BHD, the employer, the recruitment agent and the affected workers had a meeting.

ASAHI KOSEI (M) SDN. BHD's proposal:-

- Will increase salary to RM23 per day (previously it was RM20) 

- There will be NO shift allowance (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

- That if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

- Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

- If the workers agree, they must sign a new contract now

 

All workers, save 2, i.e. Thiha Soe (PP No: A 458011)  and another allegedly agreed. The employer allegedly said that they will be sending Thiha Soeback to Burma soon. [They have already taken Thia Soe away and no one knows where]. With regard the other worker who refused to sign, I have no information at the moment.

Comments

What ASAHI KOSEI (M) SDN. BHD did, including the manner in which they forced the workers to accept the new terms and sign a new contract then and there, was so wrong. What choice did the workers have? Sign or get deported.. Let us also not forget the use of hoodlums, threats, taking of cooking material, cutting electricity at the hostel, the physical taking of 2 to the aiirport for alleged deportation...

What will the workers do after this? Will they pursue their claim through the Labour Department/Court? 

 

Even if they do not, will the Labour Department and the relevant authorities take any action against the employer, ASAHI KOSEI (M) SDN. BHD, and the recruitment agent.

Or will all be forgotten...and ASAHI KOSEI (M) SDN. BHD, and the recruitment agent and their agents get off scott free. If so, then would it not be an endorsement of all the actions of this employer?

 

I believe that at the very least, there must be a sincere apology and maybe a payment of a small sum of money as compensation/damages... More maybe should be paid for the 2 workers that was 'kidnapped' and taken to the KLIA for deportation...

 

With regard to this worker who refused to sign a NEW contract, the employer should not deport him but allow him to continue to work here in Malaysia. The said worker,  Thiha Soe (PP No: A 458011)  wants to continue working at ASAHI KOSEI (M) SDN. BHD - he definitely does not want to be sent back to Burma. But ASAHI KOSEI (M) SDN. BHD is adamant, i.e. sign new contract NOW or we send you back to Burma.

Latest...(about 1.00 am)

The employer is forcibly taking Thiha Soe (PP No: A 458011) to KLIA now to be sent back to Burma. Thiha Soe does not want to be deported...he wants to continue working at ASAHI KOSEI (M) SDN. BHD.

[A stranger in a foreign land, where he has been for only 6 months, certainly with no real grasp of the local language, they would so easily oppress him. Even if an Immigration Officer ask him whether he wants to go back or stay, he may not be able to comprehend the question at all. Certainly, he does not have his own translator...but we do know that the last position taken by Thiha  was that he did not want to be deported, and that he wants to stay and work here...]

URGENT ACTION NEEDED  To stop the wrongful sending back of Thiha Soe (PP No: A 458011) to Burma. They are already on the way to KLIA.

 

Why do employers do this so fast? To basically deprive the worker the chance to pursue justice. If the worker is not in Malaysia, he cannot file a complaint at the Labour Department, police station, Human Rights Commission, etc - and even if he had already done so, if the worker(complainant) is not physically present for the hearing...then the process cannot be continued and the employer (and other wrong-doers) get off scott free... 

What can you do?

Urge ASAHI KOSEI (M) SDN. BHD to immediately stop their attempt to send the worker, Thiha Soe (PP No: A 458011),  back to Burma. [Tel : (60) 3 89614360  Fax: (60) 3 89614354, Email : asahi@po.jaring.my   Website: http://www.asahikosei.com/index.htm]

 

Urge SUHAKAM, police, Immigration Department, MPs, ADUNs, Ministers, etc to intervene and stop the sending back of  Thiha Soe (PP No: A 458011)

 

 

See also earlier post: -  Hopefully ASAHI KOSEI (M) SDN. BHD wont terminate/deport workers who claim rights

 

 

** I have still received no e-mail response from  Asahi Kosei(M) Sdn Bhd.

 

 

Hopefully ASAHI KOSEI (M) SDN. BHD wont terminate/deport workers who claim rights

Again, when migrant workers raise their grievances to their employer (and the agent), the response is simply to terminate and deport back to Burma.

31 Burmese Migrant Workers, working at ASAHI KOSEI (M) SDN. BHD., Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia. Tel : (60) 3 89614360  Fax: (60) 3 89614354, Email : asahi@po.jaring.my
Website: http://www.asahikosei.com/index.htm

  

The workers complained that they were not receiving monthly wages as per agreement (i.e. RM1,160-00), that there was unlawful deductions from their monthly  wages, that the employer was wrongly deducting RM50 for every day that the worker is absent, that the employer failed to give the workers paid medical leave, etc

The response of their employer was allegedly the threat of termination and deportation back to Burma (Myanmar). In fact, it is alleged that at least 2 of the said  workers will be sent back tomorrow (9/2/2011).

The said workers are rushing to lodge a complaint at the Labour Department, and are seeking immediate intervention from relevant authorities to prevent this premature termination and deportation. The workers, on a 3-year employment contract, have only been working here for about 6 months.

The Malaysian Human Rights Commission (SUHAKAM) has also been made aware of the plight of this 31 migrant workers.

I have also send an e-mail to  ASAHI KOSEI (M) SDN. BHD, giving them an opportunity to have their say. No reply yet. 

I have also perused the website of Asahi Kosei, 

Company Profile Details

Asahi Kosei (M) Sdn. Bhd. Company Profile  NAME  ASAHI KOSEI (M) SDN. BHD.  ESTABLISHMENT  14 JULY, 1994  COMMENCEMENT  21 JULY, 1995  CAPITAL  RM 50,000,000.00  ADDRESS  Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa  Jaya, 43300 Balakong, Selangor.  TEL  (60)3-8961-4360  FAX  (60)3-8961-4354  E-Mail Address  asahi@po.jaring.my  LAND AREA  46,200m2(11 acre)  FLOOR SPACE:  26,000m2(5 acre)  MANAGING DIRECTOR  TAKESHI NISHITSUJI  EXECUTIVE DIRECTOR  EIICHI NISHIMURA  EMPLOYEES  1300  NATURE OF BUSINESS  DIE-CAST ALUMINIUM parts for HDD   (Computer  Parts)  ,  VTR, and AUTOMOTIVE  CUSTOMER AUTOMOTIVE  HITACHI LTD AUTOMOTIVE SYSTEMS, HITACHI  SEISAKUSHO, DENSO(TOYOTA),   KAWASAKI  HEAVY  INDUSTRY, HITACHI   (THAI),  MODENAS, SII, SEIKO  INSTRUMENT, ETC.  CUSTOMER HDD (Computer Parts)  HITACHI GLOBAL STORAGE,   MATSUSHITA  KOTOBUKI,  MATSUSHITA   ELECTRONICS,  TOSHIBA, MAXTOR,  SEIKO  EPSON, ETC.  CUSTOMER ELECTRICAL HOME  APPLIANCE and OTHERS  KANEMATSU DEVICE, SONY, HITACHI,  MATSUSHITA,  JVC,  MITSUBISHI   ELECTRIC,  PHILIPS, SHARP, SANYO,  TOSHIBA, THOMSON,  YASKAWA,   HITACHI MEXICO ETC.  Asahi Kosei Japan Co. Ltd. Company Profile  NAME  ASAHI KOSEI Co. Ltd.  ESTABLISHMENT  September, 1946  COMMENCEMENT  January, 1952  CAPITAL  JPY 5 Bil  ADDRESS          17-35, 2-chome, Kashida-nishi, Higashi-Osaka,  Osaka,  Japan  TEL  (06)6720-6006  FAX  (06)6727-0024  E-Mail Address  akj@mb2.cyberoz.net  LAND AREA  6,600 m2 (2,000 tubo)FLOOR SPACE: 5,000  m2  (1,500  tubo)  FLOOR SPACE  5,000 m2 (1,500 tubo)  MANAGING DIRECTOR  TAKESHI NISHITSUJI  EXECUTIVE  DIRECTOR  TAKEHITO NISHITSUJI, EIICHI  NISHIMURA  DIRECTOR  YOSHIHISA ENAMI  EMPLOYEES  350 (ASAHI KOSEI JAPAN SIDE)  NATURE OF BUSINESS  Precision Die Casting, Precision Mould, Precision  Machining, Coating, Assembly  CUSTOMER AUTO  DENSO, TOYOTA INDUSTRIES  CORPORATION,  CALSONIC  KANSEI,  KAWASAKI HEAVY  INDUSTRY,  HITACHI  SEISAKUSHO MITSUBISHI  HEAVY  INDUSTRY,  HITACHI LTD  AUTOMOTIVE  SYSTEMS, KEHIN  HOME APPLIANCES  JVC, MITSUBISHI, MATSUSHITA E.I.,  SONY,  TOSHIBA,  SHARP, SANYO  ELECTRIC, PHILIPS