Malay Mail 17th May 2024: Pengerang employer to face Labour Court in Malaysia after failing for months to pay Bangladeshi workers’ wages over RM1m (government statements and my comments included – months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)
A employer will soon be charged in the Labour Court for failing to pay 733 Bangladeshi workers their wages amounting to RM1,035,557.50. ― iStock pic
By John Bunyan
Friday, 17 May 2024 1:40 PM MYT
KUALA LUMPUR, May 17 — A company in Johor that recruited 733 Bangladeshi workers for non-existent jobs in Pengerang will soon be charged in the Labour Court for failing to pay their wages amounting to RM1,035,557.50.
The Human Resources Ministry the company had been given 45 days and had agreed to settle payment in an out-of-court proceeding at the Dewan Serbaguna Taman Bayu Damai in Pengerang on February 5 that was also witnessed by an official from the Bangladeshi High Commission, but failed to do so.
“Following this case, the Johor Labour Department is now in the process of enforcing the order issued by the Labour Court to prosecute the employer in the Section Court under Section S69(4) of the Labour Act 1955.
“If convicted, the employer can be fined up to RM50,000 for each offence, in addition to the quantum of unpaid wages,” the ministry said in a statement today.
The ministry did not name the company; Malay Mail has also decided to withhold naming pending the charging in court.
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See also MALAYSIAKINI 20th May 2024: ‘Pengerang a landmark case for workers’ right to be paid’
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The ministry said that a total of 10 investigation papers had been opened against the company, of which four had received approval to proceed with prosecution.
“While the rest have been given further instructions,” it said.
The ministry said that the company’s quota for hiring foreign workers has been cancelled on top of being blacklisted from applying to bring in new foreign workers.
It added that the Labour Department has found new employers for 692 out of the 733 affected workers.
The minister warned that there will be no compromise on those who violate Malaysian labour laws as the government will take stern action to protect the welfare of workers.
In February, it was reported that the 733 Bangladeshi workers had been awarded a payment of over RM1 million in backdated salaries, to be paid latest by March this year.
The workers who were taken to Pengerang are believed to have been out of work for three to six months and the suggested wages was on an average of RM1,412 per worker.
Human Resources Minister Steven Sim had touted the mediation outcome between the 733 Bangladeshi workers and the firm as a “landmark case” that is meant to send a strong signal to industries that have profited from the foreign worker recruitment system.
In a statement to announce the mediation outcome, Sim said the proceeding would set a precedent in other labour-related cases because it involves migrant workers who are brought in here through legal means but are not given jobs once they arrive.
Sepatately, an independent migrant worker rights specialist Andy Hall said that the alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia remains firmly outside of the rule of law and impunity reigns with victims remain without any remedy at all. “Based on many years of unsuccessfully engaging the Malaysian government on these and many other similar cases of alleged human trafficking and forced labour, I conclude that a failed migrant work management and recruitment system continues to exist in the country that promotes impunity, is devoid of the rule of law and is systemically corrupt.
“There is little to no accountability for this dire situation, and no remediation at all of its victims.
“Malaysia’s systemic inability to meaningfully combat labour trafficking, ensure remediation of victims and accountability of perpetrators warrants its immediate downgrade to Tier 3 in the upcoming 2024 US Department of State TIP Report,” he said in a statement.
Malay Mail 16th May 2024 – Malaysia – Sources: Firm that left over 700 Bangladeshi workers to dry in Pengerang facing possible prosecution (months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)
My comment – Months on, the many Bangladeshi workers/victims in this high profile Pengerang case, like all other cases myself and my team have documented and assisted in, allegedly remain uncompensated, with irregular work and in situations akin to acute modern slavery. So much for the commitment of two Malaysian ministers to ensure justice in this ‘landmark’ abuse case with its so far unenforceable court agreed remediation settlement. The alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia remains firmly outside of the rule of law, impunity reigns, and victims remain without any remedy at all.
Malay Mail 16th May 2024 – Malaysia – Sources: Firm that left over 700 Bangladeshi workers to dry in Pengerang facing possible prosecution
By Syed Jaymal Zahiid
Thursday, 16 May 2024 7:00 AM MYT sourced from https://www.malaymail.com/news/malaysia/2024/05/16/sources-firm-that-left-over-700-bangladeshi-workers-to-dry-in-pengerang-facing-possible-prosecution/134533
KUALA LUMPUR, May 16 — The company accused of violating labour laws in a high-profile case involving over 700 Bangladeshi workers which drew public interest earlier this year will likely face court soon.
Malay Mail understands that deputy public prosecutors were inclined to prosecute the firm’s executives for failing to compensate the workers, in violation of a directive from the Labour Department that mediated a settlement between the company and the workers.
“Ten files have been opened after we received complaints that the workers have not been paid and from the ten the DPP has ordered a follow-up on six of them,” a highly-placed source at the Department of Labour told Malay Mail.
“The files pertain to [the firm’s] failure to comply with the department director-general’s directive that the workers be paid in backdated salaries from the date they were supposed to start work. Right now we need the chief complainants to come forward and have their statement recorded,” the source added.
Malay Mail is not naming the firm yet pending a charge in the court.
Over 730 workers, in groups of 10, filed complaints with the Johor Department of Labour after their recruiters failed to deliver the jobs they had paid to get earlier this year, which forced the firm’s executives to negotiate for a settlement.
One of the two resolutions achieved at the February mediation was a payment of over RM1 million in backdated salaries, to be paid latest by March this year. Malay Mail was made to understand that none of the workers have been paid until now.
The four other cases are still being reviewed by the Attorney General’s Chambers, but sources from both the Human Resources Ministry (Kesuma) and Labour Department said they are confident that they too would end up with prosecution.
“It may take a bit of time but it will likely come,” a ministry source said.
Kesuma is expected to issue a statement on the matter soon.
When contacted, an executive with the firm refused to confirm or deny the allegation the company is avoiding paying the Bangladeshi workers what they are owed.
“We just don’t have any information about it,” the executive said when asked by Malay Mail if the company will honour the Labour Department’s directive to compensate the workers.
Human Resources Minister Steven Sim in February had touted the mediation outcome between the 733 Bangladeshi workers and the firm as a “landmark case” that is meant to send a strong signal to industries that have profited from the foreign worker recruitment system.
In a statement to announce the mediation outcome, Sim said the proceeding would set a precedent in other labour-related cases because it involves migrant workers who are brought in here through legal means but are not given jobs once they arrive.
“Employers who are found guilty will be blacklisted by the authorities and the balance of their quota [for worker intake] will be cancelled,” he said at the time.
Migrant rights activists were less receptive to the statement, saying the mediation was far short of the strong action needed to dismantle a foreign worker recruitment system that is enabling “legalised human trafficking” made rampant by corrupt officials.
Several Malaysian companies have faced export bans from Western countries because their products are made from suspected forced labour and Putrajaya is sometimes criticised for its poor effort to combat human trafficking.
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MALAYSIAKINI 20th May 2024: ‘Pengerang a landmark case for workers’ right to be paid’
Sourced from: https://m.malaysiakini.com/news/706145
The case of migrant workers who were stranded and jobless in Pengerang, Johor is a landmark one as it established that the workers had the right to be paid, whether they work or not.
Human Resources Minister Steven Sim told a press conference in Menara Perkeso, Putrajaya today that there should no longer be any issues of forced labour, in which workers are unpaid for their work.
“It is the stance of the government and the Human Resources Ministry that the foreign workers who were brought in have a right to their pay whether they worked or not,” he said.
“It’s a very clear stand we’re rejecting all slavery,” he added.
In February, the company that recruited 733 Bangladeshi workers was reportedly given 45 days to settle salary arrears amounting to RM1,035,557.50 during a proceeding held by the Department of Labour of Peninsular Malaysia.
The workers had been brought in through legal recruitment channels, but upon their arrival, they had not been provided with employment and were neglected, the ministry said.
4 cases get nod for prosecution
The company, which declined to be named, previously attributed the delay in the commencement of their work to training certifications and special passes for construction sector workers.
On May 17, the ministry said in a statement that the Johor Labour Department is in the process of enforcing the order to pay the workers the salary arrears.
Human Resources Minister Steven Sim
Under Section 69(4) of the Employment Act 1955 the errant employer stands to be fined up to RM50,000 for each offence, in addition to paying the arrears owed to workers involved.
Meanwhile, Sim said the court would decide on the number of offences, when asked if each worker constituted one offence.
He added that 10 investigation papers have been opened on the company, four of which have received the nod for prosecution from the Attorney-General’s Chambers.
“Besides that, the company’s quota for hiring foreign workers has been cancelled and the company, including its director, has been blacklisted from applying for the employment of new foreign workers,” he said.
The Labour Department has found new employers for 692 of the foreign workers, he added.
Further, Sim said the Department of Labour of Peninsular Malaysia had applied and received additional officers.
He said it will be establishing a new unit and standard operating procedures, especially for the complaints of foreign workers.
Background Reading
For more background on this Pengerang specific case see:
MALAYSIAKINI 20th May 2024: ‘Pengerang a landmark case for workers’ right to be paid’
Malay Mail 17th May 2024: Pengerang employer to face Labour Court in Malaysia after failing for months to pay Bangladeshi workers’ wages over RM1m (government statements and my comments included – months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)
Malay Mail 16th May 2024 – Malaysia – Sources: Firm that left over 700 Bangladeshi workers to dry in Pengerang facing possible prosecution (months on, court agreed mediation settlement unforced, workers allegedly remain in situation akin to acute modern slavery)
8th February 2024 – Activists: Duped Bangladeshi workers in Malaysia sought RM2m in unpaid wages, but only got half (first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia)
Malay Mail 8th Feb 2024: HR Ministry hails mediation outcome despite claims duped Bangladeshi workers were short-changed
8th February 2024: FMT – Bangladeshi workers win RM1mil in unpaid wages
Benar News Malaysia 6th Feb 2024: Malaysian Labor Court orders employers to pay Bangladeshi workers RM1 million in unpaid wages – first reported compensation settlement for Bangladesh Malaysia organised crime syndicate victims being trafficked for forced labour in Malaysia
See also: 7th Feb 2024: Bangla Tribune – Job trap in Malaysia, 733 Bangladeshis in salary uncertainty
16th January 2024: 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes my comments)
FMT 6th Jan 2024: 171 duped migrant workers deserve compensation, govt told (includes my full statement)
See also: 6th Jan 2024: New Strait Times – Company that promised 171 Bangladeshi workers non-existent jobs blacklisted
See also: 5th Jan 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers
See also: 30th Dec 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear
See also: 29th Dec 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya
See also: 28th Dec 2023: New Strait Times – ‘Company involved in 171 Bangladeshi migrant worker scandal not licensed to recruit’
See also: 27th Dec 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers
See also: 27th Dec 2023: New Strait Times – Strict action against employers, agencies neglecting 171 Bangladeshi workers: MEF
See also: 27th Dec 2023: FMT – Bangladeshis duped over jobs are victims of human trafficking, says rights group
See also: 26th Dec 2023: FMT – Azalina wants urgent probe into 171 Bangladeshis duped over jobs
See also: 25th Dec 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis
See also: 25th Dec 2023: FMT – Human resources ministry comes to the rescue of Bangladeshi workers
See also: 25th Dec 2023: FMT – Cops nab 171 foreigners protesting lack of jobs in Johor
See also: 25th Dec 2023: The Star – Foreigners march to police station to complain about agent, get hauled up by Immigration Dept instead
For general background see:
9th May 2024: Study: 96% of Bangladeshi workers going to Malaysia fall into recruitment debt– The study also said that 82% had two or more loans and 73% of workers spent at least 50% to 100% of their monthly salary to repay recruitment debts
4th May 2024: UN agencies concerned over Bangladeshi workers stranded in Malaysia – Joint Statement of ILO, IOM and UNODC on Alleged Criminal Syndicate Trafficking Bangladeshi Workers for Forced Labour in Malaysia
24th April 2024: Address plight of duped Bangladeshi migrant workers in Malaysia in response to UN warning, govt told (more on the ongoing saga of an alleged criminal syndicate trafficking Bangladeshi migrant workers for forced labour in Malaysia)
FMT 19th April 2024: UN experts sound alarm over plight of duped Bangladeshi migrants in Malaysia
For more on Andy Hall’s complaint to the OHCHR see 30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council
See Daily Star 23rd Apr 2024: Bangladesh Plight of Migrant Workers – Bangladesh, Malaysia working group meeting likely in May
See Daily Star Editorial 23rd Apr 2024: When even legal migrants suffer – Workers migrating to Malaysia legally deserve better protection
Business Standard 23rd April 2024: Expat Ministry reviews UN complaints on Bangladeshi workers in Malaysia
Prothomalo 23rd April 2024: Bangladesh – Ministry reviewing allegations over Malaysia labour market
BenarNews Malay Language: Pakar PBB gesa Malaysia tangani layanan buruk diterima pekerja Bangladesh (UN expert urges Malaysia to handle bad treatment received by Bangladeshi workers)
Daily Star 19th Apr 2024: UN experts express dismay over situation of Bangladeshi migrants in Malaysia
FMT 19th Apr 2024: PSM, news portal set aside order to stop debate on migrant workers’ plight
Daily Star Editorial 17th April 2024: Save our migrants in Malaysia (more on the crisis caused by an alleged criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia)
9th April 2024 The Star – Bangladeshi victims of criminal syndicate trafficking worked for forced labour in Malaysia: ‘Cops after workers, not rogue employers’
7th April 2024: SCMP – As Malaysia’s door closes on low-paid migrant workers, companies scramble for staff (and a systemically corrupt migration management and recruitment policy, devoid of the rule of law and leading to impunity and gross exploitation, is revealed)
6th April 2024 Daily Star: A hostel of nightmares for Bangladeshi migrants allegedly trafficked by criminal syndicate for forced labour in Malaysia (and Daily Star Op Ed)
Daily Star Editorial 6th Apr 2024: What will happen to migrants abandoned in Malaysia?
26th March 2024: The Star – Freeze on foreign workers hiring quota in Malaysia stays for now, says HR Minister (with estimated 200,000+ surplus foreign workforce victims facing destitution and abuse)
Daily Star 25th Mar: Malaysia employer framed Bangladeshi workers
Daily Star 24th Mar 2024: Jailed in Malaysia – 3 Bangladesh workers released
Editorial Prothomalo 24th Mar 2024: Malaysian labour market – Take action against the fraud syndicate
FMT 23rd March 2024: PSM calls on Sim to look into arrest of Bangladeshi workers
MALAYSIAKINI 23 Mar 2024: Stranded foreign workers (alleged victims of criminal syndicate trafficking Bangladeshi workers for forced labour in Malaysia) nabbed after labour complaints against employer
23rd March 2024 The Star: Half a million vulnerable and irregular foreign workers disappear from Malaysia’s migrant worker regularization programme as deadline looms in one week
23 Mar 2024 The Star: Verification rate lags as RTK 2.0 deadline approaches
22nd March 2024 Malay Mail: Home minister – Over RM9m in fines collected so far through migrant repatriation programme
22nd March 2024 Protomalo: Malaysian labour market set to be closed again due to syndication
20th March 2024: 93 duped/detained Bangladeshi migrant workers in Malaysia have jobs now, says immigration DG
20th Mar 2024 Business Standard: Bangladeshi workers’ plight in Malaysia: Coalition of migration orgs demand action against recruiting agency syndicate
19th March 2024: FMT – Plantation firms wary of ‘forced labour’ concerns in hiring 200,000 surplus foreign workers/criminal syndicate victims in Malaysia, says minister – indeed he’s right, who wants to take on destitute foreign workers often with US$4-7000 in debt?
17th March 2024: FMT – Malaysia’s treatment of migrant workers utterly shameful
New Age 16th Mar 2024: Bangladeshi government must mend issues to keep Malaysia job market open
15th March 2024 SCMP: Malaysians deride minister’s idea to rebrand palm oil workers as ‘specialised harvesters’
14th March 2024: The Star – Opinion: When work in Malaysia is a con – the criminal syndicate trafficking Bangladeshis for forced labour in Malaysia
FMT 13th March 2024: Bangladeshi migrants file police reports after falling victim to job scam/criminal syndicate trafficking workers from Bangladesh for forced labour in Malaysia
12th March 2024: SCMP – Malaysia to slash migrant workforce amid intolerance, job scam crisis involving Bangladeshi labourers
Daily Star Editorial 10th March 2024: Migrating to a life of unemployment
Daily Star 10th Mar 2024: Distressed in Malaysia – Thousands of Bangladeshi migrants jobless, unpaid or underpaid
9th March 2024: Malay Mail – Activists warn rushed 31st March visa deadline in Malaysia could force firms to source foreign workers unethically (includes my commentary on the abrupt policy change)
9th Mar 2024 The Star: No extension of May 31 foreign worker deadline
NST 9th Mar 2024: Keep recruitment agencies in a list rather than shutting them down, govt told
See also NST 9th Mar 2024: Sourcing migrant workers takes time, ‘not like buying cattle’, employer groups tell govt
NST 8th Mar 2024: Eliminate middlemen from migrant worker recruitment process, govt told
Star 8th Mar 2024: May 31 deadline for foreign workers recruitment under recalibration programme remains, says Saifuddin
Malay Mail 8th Mar 2024: Saifuddin Nasution: No more agents for Bangladeshi worker recruitment
6th Mar 2024: Malaysian government halts foreign worker entry into the country from 31st May 2024 (final calling visa/VDN approval issuance deadline 31st March 2024) as migrant worker management crisis worsens and victims of gross exploitation, unemployment and destitution rise significantly
6th March 2024: Business Times –Sudden change in foreign worker policy by Malaysian government leaves industry in limbo
6th Mar 2024 Edge: Foreign worker intake deadline changes will leave manufacturers in the lurch, says FMM
6th Mar 2024 FMT: Industry players shocked by foreign worker policy change, says FMM
Mar 5 2024: NCCIM urges govt to review unused foreign worker quota deadline
FMT 3rd Mar 2024: Ensure ‘crooks’ do not gain from repatriation programme, says activist
Mar 2nd 2024 The Star: A chance for illegals to go home
Mar 2nd 2024 The Star: Sarawak immigration extends RTK2.0 until June
Mar 1st 2024 FMT: 600,000 foreign workers urged to take easy exit home
Mar 1st 2024 The Star: Use repatriation programme to return home, 600,000 illegals told
Feb 28th 2024 The Star: New programme lets migrants off the hook without being prosecuted
Feb 25th 2024 The Star: Businesses want foreign worker hiring freeze lifted
Jan 31st 2024 NST: Govt to implement Migrant Repatriation Programme starting March
Jan 31st 2024 The Edge: Cabinet agrees to extend freeze on hiring of foreign workers, says home minister
31st Jan 2024 FMT: Migrant repatriation programme set for March 1
31st Jan 2024 The Star: Migration Repatriation Programme to commence on March 1, says Home Ministry
FMT 30th Dec 2023: Migrants being duped into Malaysia because of govt’s failure to curb criminal trafficking syndicates and organised crime network, says activist Andy Hall
28th Dec 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers
26th Dec 2023: FMT – High recruitment fees make greedy agents bring in workers, says group
22nd Nov 2023: MALAYSIAKINI – Full probe of migrant worker syndicate, Malaysian HR Minister Sivakumar says
9th Nov 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report
30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council
20th Oct 2023 Malaysiakini: Long-awaited foreign worker management report declassified in Malaysia (my comments added)
19th Oct 2023: Malaysia facing huge excess of 1/4 million migrant laborers
21st Sep 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall
20th Sep 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall
Aljazeera News TV 10th July 2023 – Migrants in Malaysia: Hundreds left stranded in recruitment scam
Reuters 11th Apr 2023: In Malaysia, migrants say they are in limbo after promised jobs fall through
25th April 2023 Sarawak Post: Malaysia And Modern Slavery – ‘PM Must Take Control’
23rd April 2023: REUTERS: Malaysia probes cases of migrant workers left jobless, without passports (with background summary and articles included in my blog post)
17th April 2023 Daily Star: Approval For Labour Recruitment – Malaysia’s transparency questioned by Bangladesh
FMT 13th April 2023: Stranded Bangladeshis endure ‘hell’ in Malaysia – The group of 35 now wants to go home after being left without jobs for months
11th Mar 2023 MALAYSIAKINI: Malaysian HR Minister Sivakumar – Zero checks for migrant quota approvals only until March 2023
13th Feb 2023: My Perspective published by FMT – ‘Time to address corruption in Malaysia’s migrant worker management’
10th Jan 2023: ‘Bangladeshi recruitment cartels’ grip must end’ – Govt now acting on billion-ringgit ‘human trafficking syndicates’
1st Oct 2022 Malay Mail: PM Anwar says Putrajaya to Ease Rules on Hiring Migrant Workers
7th July 2022 The Vibes: How Bestinet courted controversy over migrant worker recruitment – MACC’s raid on IT company once again casts spotlight on alleged hiring monopoly
June 2022 The Star: Human Traffickers made RM2 billion through syndicate smuggling in over 100,000 workers from Bangladesh