MTUC alarmed at how JCY HDD Technology Sdn Bhd (JCY) foreign worker’s industrial action is swept under the carpets

Again and Again, Foreign Workers Issues have been swiftly swept under the Carpet 

 

20 November 2014

  Press Statement

Malaysian Trades Union Congress is alarmed at the manner in which the issue of JCY HDD Technology Sdn Bhd (JCY) foreign worker’s industrial action is swept under the carpets by the Police. MTUC is disappointed with Deputy Home Minister Wan Junaide Wan Jaafer statement in the Dewan Rakyat that Industrial Action taken by JCY foreign workers was due to misunderstanding among the foreign workers themselves, especially since this claim is not supported by any facts.

On 4th September 2014, we wrote to the Ministry of Human Resources to hold a tripartite meeting to discuss the issues raised by JCY’s workers. However, till to date our request is fallen on deaf ears despite several follow-up calls to the ministry.

Our MTUC’s Johor Division officers on the ground, who have been following the case closely with some of JCY’s migrant workers, have been informed by the workers that their protest escalated when one of the staff of JCY provoked them by throwing stones at the workers when they refuse to engage in a game of throwing stones at each other in their workplace at Kulaijaya.

This group of about 20 workers was forcefully moved to Kulaijaya for participating in the industrial action in Tebrau over the death of their co-worker who complained of having difficulty in breathing. In Kulaijaya, they were forced to play a game of “volley ball with stone” as a form of punishment for taking part in the said incident.

According to the workers, they resorted to industrial action as they were dissatisfied with the manner in which the management handled their grievances. Their concerns regarding their health, work conditions, poor hostel facilities, calculation of overtime, not adhering to off day’s entitlement, unfair deductions in their salaries and low compensation for accident and injuries, were ignored by the management. Furthermore, the workers were also displeased with the attitude of the management such as beating them for minor mistakes, and not treating them with dignity and respect. The workers claimed that their concerns at workplace worsened over the years and therefore they were left with no other option but to resort to industrial action.

Clearly the police had failed and neglected the issues concerning the workers at their work place. The police investigation only concentrated on one side of the incident. This not only raises concerns on the confident and credibility in police investigation but also raises the issues of biasness in the investigation process, especially in the absence of transparent and independent inquiry.

On 11th of November, a separate meeting was held at Johor Bahru, Labour Department with JCY management to discuss the repatriation process and unpaid salary for the 55 workers who were arrested. MTUC’s Johor division officers have reported that the representative of JCY had informed them that he has high contact in the Home Ministry, and proved it by showing off his telephone contact in his mobile phone. Doesn’t this indicate the biasness in the investigation?

MTUC was also informed that 5 out of 55 workers of JCY have been wrongfully charged under Sec 6(3) of the Immigration Act for entry into the country without proper documents, as all of them have valid work permits with JCY. They were schedule to return to their homeland after the clearance made at Immigration Department. Unfortunately during the police raid this group of workers were picked up. At the time of arrest, these workers were documented but during the process of investigation their work permit expired. As such, they were charged under the Immigration offences. 

MTUC have engaged the assistances of the Johor Bar Council to represent these workers. Nevertheless we are deeply concern with the bureaucracy that is taking in amending the charge at the expense of these workers who are being detained since 9th September 2014. These workers have not taken part in the Industrial Action as they were schedule to return home after completing their contract with JCY.

MTUC is very concern with the continuous lack of political will by the Government in addressing the issues and concerns of Migrant workers. Home Ministry should not shoot their month without consulting all stakeholders especially when workers’ rights are adversely affected. Internationally, Malaysia has been continuously criticized for force labour practices especially as highlighted in the recent Verite’ report on Electronic Industries. The Government should no longer ignore this report. 

MTUC urges the Human Resource Ministry to step in and take proactive measure in addressing these concerns. MTUC urges Human Resource Ministry not to delay any longer our call for a Tripartite Meeting to discuss JCY’s case.

Thank You.

Sincerely,

Malaysian Trades Union Congress,
N. Gopal Kishnam,
Secretary General.

Source: Malaysian Trade Union Congress website

See also (for backgroud) :- 

JCY worker-Employer Dispute? JCY did no wrong? Do we need an independent investigation?

Outsourcing companies no more employers - but only facilitates entry and exit

The answer to the Parliamentary Question to the Home Minister states that 'outsourcing companies' shall no more be the employers of migrant workers, and they will only assist in facilitating the entry and exit of workers {Will try to translate the whole question and answer later)

 

KAEDAH KEMASUKAN PEKERJA ASING SECARA SAH

NO . SOALAN : 18

PEMBERITAHUAN PERTANYAAN BAGI JAWAB LISAN DEWAN RAKYAT

PERTANYAAN    :               JAWAB LISAN

DARIPADA         :               TUAN HEE LOY SIAN [ PETALING JAYA ]

TARIKH              :               14 OKTOBER 2014

SOALAN               :

Tuan Hee Loy Sian [ Petaling Jaya ] minta MENTERI DALAM NEGERI menyatakan kaedah kemasukan pekerja asing secara sah, selepas Kementerian mengharamkan kemasukan mereka melalui agensi dan apakah fungsi agen pekerja asing sekarang dalam kemasukan pekerja asing ke negara ini.

JAWAPAN           :

Tuan Yang di-Pertua,

Pada masa ini , Kerajaan hanya membenarkan pengambilan pekerja asing diaksanakan secara terus oleh majikan berdasarkan keputusan Kerajaan dalam Mesyuarat Jawatankuasa Kabinet Mengenai Pekerja Asing dan Pendatang Asing Tanpa Izin  (JKKPA-PATI) Kali Ke-3 Bil.2/2010 pada 20 Mei 2010 yang bersetuju supaya pengurusan Syarikat Membekal dan Mengurus Pekerja Asing (syarikat outsourcing) diuruskan di bawah Akta Agensi Pekerjaan Swasta 1981 (AAPS 1981 ).Kerajaaan juga memutuskan bahawa syarikat outsourcing bukan lagi sebagai majikan tetapi hanya menguruskan kemasukan dan penghantaran pulang pekerja asing.

Kaedah kemasukan yang ditetapkan oleh Kerajaan adalah seperti berikut:

(i)   Majikan perlu mendapatkan Sijil JobMalaysia (JCS) daripada Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM), sebagai sokongan kepada majikan yang memohon pekerja asing bagi memastikan bahawa kekosongan jawatan tersebut telah diiklankan dan tidak dapat diisi oleh rakyat tempatan;

(ii)  Majikan kemudiannya perlu hadir secara walk-in ke OSC,KDN untuk sesi temuduga dan kelulusan akan diberikan pada hari yang sama dengan mengemukakan permohonan pengambilan pekerja asing yang lengkap di OSC, KDN.Agensi Kawal Selia (AKS) sektor berkenaan akan menjalankan temuduga dengan majikan untuk meneliti permohonan tersebut .Kelulusan pengambilan pekerja asing juga adalah berdasarkan keperluan sebenar majikan dan berdasarkan syarat dan nisbah kelayakan yang ditetapkan oleh Agensi Kawal Selia masing-masing;

(iii)  Majikan  yang telah mendapat kelulusan  dikehendaki untuk membuat bayaran levi tahun pertama di Bahagian Pengurusan Pekerja Asing , Kementerian Dalam Negeri ;dan

(iv)   Majikan seterusnya dikehendaki berurusan secara terus dengan Jabatan Imigresen Malaysia bagi mendapatkan Surat Kelulusan Visa DEngan Rujukan  (VDR) dan Pas Lawatan Kerja Sementara (PLKS).

Sehubungan ini juga, pada masa ini syarikat outsourcing yang dilntik oleh Kementerian Dalam Negeri hanya dibenarkan untuk membekal dan menguruskan pekerja asing yang telah diluluskan sebelum ini.

Bangladesh Believes In Malaysia's Way Of Solving Issues Of Foreign Workers (Bernama)

Well, there are many sending countries - and Malaysia can decide to stop accepting migrants from any country - and maybe this is the reason for Bangladesh taking this position.

Or maybe, Bangladesh is not taking about access for justice for migrant workers, worker rights, etc..

 

Bangladesh Believes In Malaysia's Way Of Solving Issues Of Foreign Workers

KUALA LUMPUR, Sept 9 (Bernama) -- The Bangladeshi government believes in Malaysia's way of solving issues of foreign workers, especially from Bangladesh, Dewan Negara president Tan Sri Abu Zahar Ujang said.

So much so, he said Bangladesh would not question the decisions made by Malaysia concerning the Bangladeshi workers in the country, including action taken on those who violated the law.

"They know what happened here and the treatment given by our country. If there are baseless and untrue allegations, the Bangladesh High Commissioner here will personally counter the allegations."

Abu Zahar said this to Bernama after receiving a courtesy call from Bangladesh High Commissioner in Malaysia AKM Atiqur Rahman at his office in the Parliament Building here today.

Abu Zahar said Bangladesh had always respected the good bilateral ties that had existed between the two countries as they had learnt a lot from Malaysia, especially about the concept of Pilgrims Fund (Tabung Haji).

"Last year, they even sent several of their officers here to learn about the concept before implementing it in Bangladesh," he said.

During their meeting which lasted 45 minutes, Abu Zahar said he and Atiqur Rahman also discussed other issues concerning the two countries.

Atiqur Rahman has been the Bangladesh High Commissioner in Malaysia for over five years.

-- BERNAMA

5.8 million migrant workers of which 2.9 million documented in Malaysia

Finally, the Minister has acknowledged that there are 5.8 million migrant workers in Malaysia, but I believe that it is much more..

Malaysia now has 2.9 million documented migrant workers...

Is it a question that Malaysian workers are choosy or is it a question that employers in Malaysia are choosy...

Malaysian Workers Should Not Be Choosy Over Jobs - Riot

2 September 2014 

PUTRAJAYA, Sept 2 (Bernama) – Malaysian workers need to their attitude by not be choosy over jobs or just want to work in the public sector.

Human Resources Minister Datuk Seri Richard Riot Jaem said Malaysia has so many jobs in various sectors, but mostly are filled by foreign workers.

Malaysians should seize job opportunities provided by the 600,000 small and medium enterprises (SME), he told a press conference after a briefing on Human Capital Development Strategic Reform Initiatives (SRI), here today.

Riot said the dumping of foreign workers in Malaysia is worrying as they are some 5.8 million of whom only 2.9 million are legal workers.

The public are invited to attend Fiesta Kerjaya JobsMalaysia and Azam Kerja 1Malaysia 2014 at Mid Valley Exhibition Centre from Sept 5 to 7 to seize the 10,000 job vacancies in various sectors.

Among the activities held are open interviews, career fairs, career guidance talks, registration with JobsMalaysia Online and the Public Service Commission

Earlier, Riot said Human Capital Development Strategic Reform Initiatives (SRI) has in four years, enhanced the nation’s workforce and supported the needs of the Economic Transformation Programme’s (ETP) 12 National Key Economic Areas.

SRI is focused on modernising labour legislation, upskilling and upgrading the workforce, strengthening human resource management for SME’s, leveraging women’s talent and undertaking labour market analysis. — BERNAMA

Source: Bernama

Source: MTUC Website

Lambakan 5.8 Juta Pekerja Asing Membimbangkan - Riot

2 September 2014 

 

PUTRAJAYA, 2 Sept (Bernama) — Menteri Sumber Manusia Datuk Seri Richard Riot hari ini menarik perhatian terhadap lambakan pekerja asing dalam negara ketika ini iaitu kira-kira 5.8 juta orang.

Katanya, hanya separuh dari jumlah itu, atau kira-kira 2.9 juta adalah pekerja sah, dan ini merupakan situasi yang agak merisaukan.

Beliau bercakap pada sidang akhbar selepas taklimat mengenai Human Capital Development Strategic Reform Initiatives di sini hari ini.

Sehubungan dengan itu, beliau menggesa rakyat di negara ini agar mengikis sikap memilih pekerjaan atau hanya mahu bekerja di sektor awam.

Riot berkata Malaysia menyediakan begitu banyak peluang pekerjaan dalam pelbagai sektor, namun adalah menyedihkan kebanyakannya diisi oleh pekerja asing.

Beliau berkata bekerja di kira-kira 600,000 syarikat Industri Kecil dan Sederhana merupakan antara peluang kerjaya yang boleh dicuba rakyat tempatan.

Sementara itu, beliau menyeru orang ramai menghadiri Fiesta Kerjaya JobsMalaysia Dan Azam Kerja 1Malaysia 2014 Peringkat Kebangsaan di Mid Valley Exhibition Centre mulai 5 hingga 7 Sept untuk merebut 10,000 kekosongan jawatan pelbagai sektor.

Antara aktiviti di majlis itu ialah temuduga terbuka, pameran kerjaya, ceramah bimbingan kerjaya dan pendaftaran Online JobsMalaysia dan Suruhanjaya Perkhidmatan Awam. – BERNAMA

Sumber: Bernama

About 500 Indonesian Migrant Workers Depart to Malaysia per day?

There can be an average of 500 Indonesians coming to Malaysia to work daily from just one exit port ... and this would more likely people coming over on tourist visas who really is coming over to work here in Malaysia 

I would propose that Malaysia should maybe change its procedures for migrant workers coming to Malaysia to work - maybe, it best to now cause employers who employ migrant workers to register their migrant worker, just as they do any other local worker... This may be a BETTER and more just way of doing things..

 
Undocumented migrants foiled in attempts to depart for Malaysia 

Fadli, The Jakarta Post, Batam | Archipelago | Mon, September 01 2014, 10:45 AM

The Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI) has foiled the attempts of 669 migrant workers from departing to Malaysia without the proper documentation.

The workers were attempting to depart from Batam and Tanjung Pinang, Riau Islands.

Speaking to The Jakarta Post in Batam on Saturday, BNP2TKI head Gatot Abdullah Mansyur said that together with the Immigration Office, his agency had screened Indonesians leaving for Malaysia from the Batam international ferry terminal for four days starting from Aug. 27.

Gatot said if they found indications that a person was to work in Malaysia without the required documents, such as a job order and a temporary residence permit, the person would be prevented from traveling.

“According to the regulations, we cannot ban citizens from going to Malaysia. Yet, we know whether they are going for an ordinary visit or for work. We arrest those who are going there for work [without the required documents],” he said.

He said the 669 workers arrested hailed from across Indonesia.

He added that they made Batam and Tanjung Pinang their points of departure.

“The biggest challenge we face in preventing illegal migrant workers from going to Malaysia is the fact they do not need a visa to go there,” he said, adding that the measure was conducted to make illegal workers complete their documents properly before leaving.

According to Gatot, the visa-free policy has been a concern for the State Palace and the Foreign Ministry, which are attempting to review the policy to prevent undocumented migrants from going to Malaysia.

“The upcoming ASEAN Community that will implement borderless, united currency principles, will see an increase in the migration of illegal workers,” Gatot said.

Things became more complex, he said, as in many cases illegal workers were sent from Malaysia to work in the Middle East.

Batam Center Immigration Office head Irwanto Suhaili, said departures to Malaysia through the ferry terminal that served the Stulang Laut, Johor Bahru, route were high, with ferries departing every hour.

“An average of 500 Indonesians depart to Johor every day, mostly for work in Malaysia,” Irwanto said.

Batam international ferry terminal is well known as a departure point for undocumented Indonesian migrants heading to Malaysia, both individually and through labor recruitment agencies (PJTKI).

Illegal workers can reportedly even buy one-way tickets on board the ferry. They usually board after all legal passengers. They also pay less money than legal passengers.

The situation has reportedly been allowed to develop by staff accepting illegal levies from undocumented passengers.

“So far we have found no staff involved in such a practice. If we find them, we will report them to their superiors in Jakarta,” Gatot said.

Based on the Post’s observations at Stulang Laut Port, Johor Bahru, Indonesian undocumented migrants are also being financially exploited by staff, who seek to increase illegal levies for undocumented migrants at every opportunity.

In many cases, the staff even check the workers’ cell phones to see if there are porn videos on the phones.

In the event they find such videos, they demand that the workers pay 100 Malaysian Ringgit. - Jakarta Post, 1/9/2014. Undocumented migrants foiled in attempts to depart for Malaysia

'threw stone at private parts' of worker - If true, take action against any employer/staff/person that torture workers?

What is happening in Kulai is related to what happened in the Tebrau factory, which now allegedly  is a JCY HDD Technology Sdn Bhd, a subsidiary of JCY International Bhd. This belief on the name of the factory involved comes from media reports. 

{Now, is JCY the employer? We are not sure....because today many factory owner-operators try to avoid employment relationships with the workers who work in the factory - one way is to get workers from 3rd parties(known as contractors for labour) who supply the factory with workers who will be considered employees of the supplying third party - not the employees of the factory. A move to avoid unionization and collective agreements. A way to avoid responsibility and obligations for the promotion and protection of worker rights, avoid responsibility for violations, etc ... There are other methods also used to avoid responsibility to workers...That is why we need to campaign for DIRECT EMPLOYMENT RELATIONSHIP with all the workers that work at your factory...}

The protests and action by workers allegedly started with the death of a Nepali migrant workers, which the workers say the employers were allegedly negligent in not sending the deceased worker for medical treatment. Interestingly, a similar issue happened in 2010, and after worker protest, the situation was resolved vide an agreement by JCY... it was considered a 'Good Practice'....but 

The foreigners had, on Sunday, protested against the management of a factory, following the death of a Nepali worker.

On Monday, they demanded higher wages from the management and a mini-clinic to be built in the compound.- Star, 16/8/2010, Foreign workers run riot at factory enclave

Press Release - 17/8/2010
 
In  response  to the  recent  foreign  workers  issues  at  JCY HDD  Technology  Sdn.  Bhd.’s sub-contractor  hostels  at  Kawasan  Perindustrian  Tebrau  IV,  Johor  Bahru,  both  the company and the  foreign worker representatives  have  met  this afternoon and the  issues had been resolved amicably with the workers returning to work immediately.

Among  the  key  issues  highlighted  by  the  foreign  workers,  the management  had  in conjunction  with  the  sub-contactor  for  the  hostel,  shall  take  remedial  actions  as summarized below:

1.  Company  will  provide  a  vehicle  and  driver  on  24  hour  standby  at  the  main hostel to facilitate the emergency transportation of worker to hospital for any emergency treatments.
2.  The  company  had  agreed  to  revise  and  standardize  the  pay  structure  of  the workers.
3.  The  criteria  for  the  deduction  of  salary  in  relations  to  worker  coming  to factory late shall be revised and improved.
4.  On  top  of  the  normal  workmen  compensation  benefits,  the  company  had agreed to improve the contribution to the beneficiary of the worker. 

The  management  of  the  company  stressed  that  JCY  had  always  aim  to  provide  a conducive environment for the workers to work and stay. The company will continue to work closely with the hostel’s sub-contractor to take care of the workers welfare and JCY truly  valued  the  contribution  made  by  the  workers  and  staffs  to  the  success  of  the company. - JCY International Website

The question arises whether JCY is still complying with the agreement for once again there is a death of a worker and allegations of failure on the part of the factory .See -1500 Migrant Workers Strike for 36 Hours Following Death of Migrant Worker

Allegedly, some 20 factory workers involved in the earlier protest in Tebrau were transferred to to the Kulai factory - and there have been allegations of torture -   

A manager had allegedly forced a group of foreign workers to play "volleyball with stones" and those who refused were beaten with a stick.... the company abused the workers, mostly Nepalese, on daily basis and they could not take it anymore. "When we make mistakes, they hit us and this is just unfair."In fact, due to an earlier disagreement, the management even refused to send us our usual bus and we were forced to walk for about 1 hour to get to work... - - Malaysiakini, 26/8/2014, Workers torch car in 'stone volleyball' riot

Now, my hope is that the authorities do not just take criminal and other actions on these workers - but will investigate the ROOT CAUSE - which from the media reports point the finger to the employer, management, supervisor, third part contractors, etc...

It would also be best that  JCY International immediately steps in and resolve this issue as was done in 2010 - for at the end of the day, this really is a labour issue. 

Now, when a large group of workers/people are protesting and claiming rights, there is likely to be some 'bad apples' that may go overboard, and as such the workers in general should not be blamed for the acts of a few. Were the ones who did the 'violence' workers? Were they some 'agent provocateur', some outside trouble maker, some employer's agent, some....?

The police, if they are going to take action, must focus their action on the identified few who damaged the car, committed arson, etc - and not take this opportunity to target worker leaders and the workers generally. Likewise, action should also be taken against management, staff or the employer for the 'torture'. We have heard of workers being arrested, but no employer's representatives - why is that?

the violence was sparked when the workers were made to play volleyball using a rock as the ball. Mohanadas [Malaysian Trade Union Congress Johor secretary K Mohanadas] said that workers told him this was punishment for some 20 workers transferred from Tebrau to Kulaijaya."The workers also say that the supervisor threw a stone at one of their private parts, sparking the violence,” he said. -- Malaysiakini, 27/8/2014,Factory torched as Kulai riot escalates

If  you ' threw a stone at one of their private parts' , I am sure that most people will react. Has the supervisor who allegedly threw the stone at the private parts of the worker been investigated or arrested? Has the manager or the staff who initiated the torture been arrested?

Factory torched as Kulai riot escalates

Violence at a Kulai factory escalated last night with a portion of the factory was torched, after discussions between worker and factory management fell through.

According to police, 44 workers, mostly of Nepalese origin were detained following two incidents of rioting, the first of which occurred at 10am resulting in a torched car.

Workers allegedly set ablaze the factory store and damaged three other buildings owned by the public-listed electronics company JCY International Bhd by throwing stones at the buildings at about 8pm.

The fire was put out by the fire department at 10.05 pm. No injuries were reported.

According to Kulaijaya Deputy District Police Chief DSP Mohd Idris Samsuri, among the rioters, 13 were arrested last night while the rest were arrested after the earlier incident.

They were arrested under Section 148 of the Penal Code, which deals with possession of missiles at a riot.

“Currently the workers are being remanded and actions to be taken are being discussed with the (Nepalese) embassy.”

Mohd Idris said the police have also arranged a meeting between representative of the detained workers and the company management, with embassy personnel present to act as mediator and translator.

He said that the second rioting incident sparked at about 4pm when a meeting between workers and management “went out of hand”

He said that the management had only agreed to give workers a day off from work, and not accede to other demands.

'Beaten if mistakes made at work'

According to Malaysian Trade Union Congress Johor secretary K Mohanadas, the workers had complained of lack of access to medical services and poor living and work conditions.

“The workers were dissatisfied as the highlighted grievances were not addressed.

“These include failure to get medical attention, resulting in death in the Tebrau factory (belonging to the same company), poor living conditions, no overtime and alleged beating if they make mistakes at work.

“The hostel condition is really bad with up to 35 people in a shophouse,” he said when contacted.

Yesterday, Malaysiakini reported that the violence was sparked when the workers were made to play volleyball using a rock as the ball.

Mohanadas said that workers told him this was punishment for some 20 workers transferred from Tebrau to Kulaijaya.

"The workers also say that the supervisor threw a stone at one of their private parts, sparking the violence,” he said.

Asked of claims of abuse, police chief Mohd Idris said that he has no information on this and directed Malaysiakini to the company.

When contacted, the company said it is closed for the day and cannot entertain media queries.

It, however, acknowleged the "unrest" in a filing with Bursa Malaysia.

Mohanadas said the company also told MTUC that it is too busy to speak to union representatives today.

He added that MTUC has also informed the Bar Council, who is sending a team of lawyers to assist the workers.

---

KAMLES KUMAR is a trainee journalist with Malaysiakini.- Malaysiakini, 27/8/2014,Factory torched as Kulai riot escalates

Updated: Wednesday August 27, 2014 MYT 9:26:40 AM

Striking workers in Kulaijaya torch factory building

by yee xiang yun

JCY HDD Technology Sdn Bhd building burning.

KULAIJAYA: Some 800 workers of a factory here set fire to the building Tuesday night after they had stoned their employers office and burned down a car earlier in the day.

The workers, mostly from Nepal, set the electronics manufacturing plant in the Kelapa Sawit Industrial Area on fire around 8pm.

The Fire and Rescue Department arrived at the scene to control the fire at 8.38pm after receiving a distress call some 13 minutes before that.

The department managed to put out the fire at around 10.05pm.

JCY HDD Technology Sdn Bhd building burning

This was following a strike staged by the workers due to alleged mistreatment by their employers.

It was reported that they started gathering outside the JCY HDD Technology Sdn Bhd building from 8am on Tuesday and things got out of hand when some of them began to hurl stones and other objects at the management office and set fire to one of the employers’ cars.

The angry crowd also damaged three other blocks owned by the company.

Just last Thursday at the company’s branch at the Tebrau IV Industrial Area, near Johor Baru, some 1,500 workers also showed their dissatisfaction over the company’s alleged negligence in handling the health issue of a worker, leading to his death.

They threw pieces of metal and glass, electronic items, chairs and boots from their four-storey hostel, smashing the glass windows of a guard post.- Star, 27/8/2014, Striking workers in Kulaijaya torch factory building

...Meanwhile, 42 Nepalese workers were arrested following a riot by more than 800 workers at an electronics manufacturing factory in the Kelapa Sawit industrial area in Kulaijaya.

Kulaijaya deputy OCPD Deputy Supt Mohad Idris Samsuri said the workers were picked up after they set fire to the JCY HDD Technology Sdn Bhd's building along Jalan Gangsa around 8pm on Tuesday.

He said some 1,000 foreign workers had assembled at the area in the morning. While some dispersed when police arrived, the others remained to take part in the riot until evening.

The riot came in the wake of an incident at another JCY branch at the Tebrau IV industrial area near Johor Baru last Thursday.

There, some 1,500 workers, apparently unhappy over the company's handling of a worker's welfare, threw pieces of metal and other items from their four-storey hostel, besides overturning a parked van.

"Some 60 per cent of those who gathered there were Nepalese nationals and 42 were arrested because they refused to disperse. Instead, they turned violent," said DSP Mohd Idris on the Kulaijaya riot.

Plant general manager, who wanted to be known as Liaw, confirmed that the plant was not operating yesterday due to Tuesday's incident.

A statement released by JCY Inter­national Bhd yesterday said JCY HDD Technology, its wholly owned subsidiary, would be temporarily shut.

It added that the company was taking measures to reach an amicable settlement with the workers. - AsiaOne Malaysia, 28//8/2014, Unpaid workers burn eatery in Malaysia

Published: Wednesday August 27, 2014 MYT 1:56:00 PM
Updated: Wednesday August 27, 2014 MYT 1:58:14 PM

JCY assessing impact of worker unrest, fire at Johor plant

KUALA LUMPUR: Hard disk drive manufacturer JCY International Bhd is assessing the impact of the worker unrest and fire at one of its factories in Kulaijaya, Johor.

It said on Wednesday the incident at its unit JCY HDD Technology Sdn Bhd the previous day had caused a temporary shutdown of the factory's operation at that location.

"However, there were no major damages to the factories and properties of the company and its subsidiaries," it said in a statement to Bursa Malaysia. 

JCY said the damages to the factories and properties did not pose any material impact on the financial performance and financial position of the group for the financial year ending Sept 30, 2014.

"There are no disruptions to all other operations of the group located outside Kulaijaya District," it added.

JCY said the company was "taking active steps and measures" to address the matter and to reach an amicable settlement with the workers. - Star, 27/8/2014, JCY assessing impact of worker unrest, fire at Johor plant

Malaysian Police Detain 42 Foreigners After Rioting At Export Unit In Johor

By Kukil Bora@KukilBora
on August 27 2014 7:24 AM

Malaysian police arrested foreigners riot factory, workers mostly Nepalese riot export factory Malaysia, riot factory Johor state JCY International, Malaysian police arrested foreigners riot factory JCY International Reuters 

 

Malaysian police arrested 42 foreigners after nearly 1,000 workers rioted at an electronics goods factory Tuesday. The workers, mostly Nepalese nationals, were protesting poor working conditions, an endemic issue at plants employing foreign workers in the Southeast Asian country.

The rioting sparked fires and destroyed components inside the factory, which is located in the southern industrial hub of Johor state. The factory was run by JCY International, a Malaysian company that manufactures parts for electronics giants such as Samsung Electronics Co Ltd (KRX:005935), Hitachi Ltd (TYO:6501) and Western Digital Corp (NASDAQ:WDC).

The workers in the factory had accused JCY of neglecting working conditions at the facility following the death of an employee last week after complaining of chest pain, Reuters reported, citing local news reports.

The Johor factory reportedly suspended operations on Wednesday.

“This was caused by a misunderstanding between the employer and employees over the terms of their work,” Mohad Idris Samsuri, the district's deputy police chief, told Reuters, adding that the arrested men would be charged under the country's anti-rioting law.

Meanwhile, JCY issued a statement to investors, saying that the conflict would not impact the company’s business.

“The company is currently taking active steps and measures to address the above matter and to reach an amicable settlement with the workers,” JCY reportedly said in the statement.- International Business Times, 27/8/2014

KUALA LUMPUR - Malaysian police have arrested 44 men after a riot by up to 1,000 mostly Nepalese workers sparked fires and destroyed parts of an electronics export factory, highlighting accusations of poor conditions for many of the estimated four million foreign workers in the South-east Asian country.

The riot broke out in Johor on Tuesday at a factory run by JCY International, a Malaysian company that makes parts for electronic giants including Samsung, Hitachi and Western Digital. During the incident, the workers also stoned the office section of the factory and burned a car.

Workers had accused the company of negligence following the death last Thursday of an employee at a nearby JCY factory who had complained of chest pains, according to local news reports.

The unrest spilled over to the company's other factory in Kulaijaya, police said, culminating in a stand-off between riot police and protesters - Straits Times, 28/8/2014 - See more at: http://www.straitstimes.com/the-big-story/asia-report/malaysia/story/riot-breaks-out-johor-factory-44-men-arrested-20140828#sthash.RFkBscVW.dpuf

1500 migrant workers protest death of worker

A worker died - and 1,500 fellow workers protested - they refused to work - well, it is a 'strike'.... 

the workers started the strike to show their dissatisfaction with the factory’s alleged negligence in handling the health issue of a worker who died of chest problems that day.

Well, the Star report calls it a 'riot' - but really, when a fellow worker dies because the workers believe that it was the employer's fault or negligence, would not expect some anger and 'outbursts'? We all remember the video footages of the families of the victims in flight MH370... 

These workers reacted because of what happened to a fellow worker - and they are also concerned about the wellbeing of the deceased worker's family...

“The workers were just concerned that the company would not pay out the remaining two years’ salary of their deceased countryman as per his contract. We assured them that the company will pay the salary of any foreigners who works with our company under a three-year contract – even if he were to pass away during that period,”

I believe that this demand is reasonable and a good employer would be willing to do this..

I hope that Star will follow-up with a report that tell us more - and whether the employer does good.... will the employer arrange for the body to be returned back to the family in Nepal..? What really happened that made the workers so angry...When did the factory become aware of the victims illness/medical condition? Did they immediately arrange for the worker to be sent to the hospital?  

Note also that the Star report did not reveal the name of the company...why did they do this? Protecting the employer? What was the name and age of the victim? What was the agreement reached that the workers decided to go back to work after 36 hours? 

Factories must really have some 'health personnel' at their factories, especially those that have more than 1,000 workers - someone who can provide first aid and healthcare. They must also have an ambulance or at least some transport that can speedily send sick or injured workers to the hospital... This, is not the first case, where workers(migrant workers) died because of delay of sending a sick worker to hospital. Hopefully, this employer would do what JCY HDD Technology Sdn. Bhd (follow the link below), which amongst others was   

"Company will provide a vehicle and driver on 24 hour standby at the main hostel to facilitate the emergency transportation of worker to hospital for any emergency treatments......On top of the normal workmen compensation benefits, the company had agreed to improve the contribution to the beneficiary of the worker.

Star must also be praised because sadly many media outlets just do not bother about worker issues... 

See also related posts:-

Will the AG charge the employer for the death of the Nepali worker in Pokok Sena, Kedah? Will there be an autopsy to determine cause of death? 

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

Nepali workers riot over colleague’s death

by yee xiang yun

Demonstrating concern: Workers holding up a sign stating their terms during a strike at their quarters.

JOHOR BARU: Some 1,500 Nepalese have refused to go to work for more than 36 hours at a mechanical component manufacturing plant and even flung things out of their living quarters in protest following the death of a colleague.

They threw out pieces of metal and glass, electronic products, chairs and boots from their four-storey hostel, smashing the glass windows of the guard’s post, while some turned a parked van to its side.

The drama started to unfold on Thursday evening at the hostel which is located a stone’s throw away from the plant in Jalan Firma 3 at the Tebrau IV industrial area here.

According to sources, the workers started the strike to show their dissatisfaction with the factory’s alleged negligence in handling the health issue of a worker who died of chest problems that day.

The factory’s management went to the living quarters yesterday and spoke to the workers to find out their concerns. Its executive director Datuk Tan Shih Leng denied that they had neglected the deceased’s initial complaints of chest pains. He said the management had given him medical leave earlier to recover before he died at the hospital.

“The workers were just concerned that the company would not pay out the remaining two years’ salary of their deceased countryman as per his contract. We assured them that the company will pay the salary of any foreigners who works with our company under a three-year contract – even if he were to pass away during that period,” he said.

According to him, factory workers who passed away after exceeding the three-year contract period would get a RM10,000 compensation on top of insurance claims.

Tan said that the workers had agreed to go back to work during the factory’s 7pm shift on Friday. - Star, 24/8/2014,Nepali workers riot over colleague’s death