AG warns employers who don't pay wages to Indon workers
PUTRAJAYA: Attorney-General Tan Sri Abdul Gani Patail said Sunday he has no qualms about taking stern action against Malaysian employers who abuse their Indonesian workers by hiring them illegally and not paying their wages, Bernama reported.
"We are equally concerned about employers harbouring illegal workers and abusing them. If there is sufficient evidence against them I will not hesitate to charge them in court. I have no qualms on this," he told Bernama.
The plight of tens of thousands of Indonesian workers in Malaysia will be a key issue to be discussed by the Indonesian leader in his talks with Malaysian prime minister Datuk Seri Abdullah Ahmad Badawi during the overnight visit.
The Attorney-General said so far 111 cases of errant employers of Indonesian workers had been reported to his department, out of which 25 had been settled and the rest still pending.
Gani was commenting on an announcement by Indonesian Manpower Minister Fahmi Idris on Monday that Jakarta has engaged 10 Malaysian lawyers to take legal action against companies and other employers who illegally hired Indonesian workers and failed to pay their wages.
Gani also said the move by the Human Resources Ministry to settle cases of unsettled wages to Indonesian workers out of court was a humanitarian effort without prejudice to the rights of the government.
"But this should not be interpreted to mean the government was responsible for irresponsible employers.
"The ministry is sincere in resolving the issue between the employee and employer and rightfully so. Employers cannot abuse the employees," he added.
Gani also said the Malaysian government is not a party to any proposed legal suits by Indonesia against errant employers who failed to pay wages to their Indonesian workers.
He said the whole issue was a private matter between the employer and employee.
"Whether they want to take civil suits against the employer is a private matter. First of all they must establish a cause of action and anybody can make an application to the court and it is up to the court to decide to grant a hearing.
"It is entirely a private matter and as far as the government is concerned, it has no responsibility on this mattter.
"Strictly speaking, it is a contract of employment between the employer and the employee and the government is not a party, and not privy to contracts," he said.
He also said his department was investigating two errant employers.
"One such case is a Kuala Lumpur-based construction company Sri Mega Jaya Sdn Bhd which owes RM152,500 in outstanding wages to nearly 90 Indonesian workers," he said.
The Attorney-General said the Malaysian government had always been fair in the treatment of foreign workers and many detained for working illegally were not charged in the court, instead they were deported.
"At least 70 percent of the workers detained are not charged. They were sent to deportation centres and later deported.
"Only about 30 percent illegal workers are charged and these are habitual offenders who come into the country or those involved in criminal activities here," he added.
Gani also stressed that even if employers were charged for hiring illegal workers, foreigners working in Malaysia without proper documents was subject to Malaysian laws.
"They are still illegal immigrants, it is a fact and necessary action must be taken against them for infringing the laws of the country and they must be deported," he said.
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