NST Online, 2008/07/03IN a system where the employers hold all the aces, even allowing migrant workers to join unions seems to be futile.
Bar Council human rights committee member Renuka T. Balasubramaniam said even if a foreign employee were to be allowed to join his company's union, the employer could just choose not to renew his work permit.
"The truth of the matter is that he is completely at the mercy of his employer.
"Whether or not the worker is documented or undocumented is solely dependent on his employer. Should he be abused and want to report it, the employer can immediately terminate his contract, exposing him to possible arrest and detention.
"How then can you expect him to have the courage to take his case to court?" she asked.
Renuka said most migrant workers went into debts in order to pay the agents' fees to get them jobs in Malaysia.
That debt, she said, created a situation of extreme vulnerability and desperation making them vulnerable to exploitation by unscrupulous employers.
She added, however, that there were also employers who treated their workers well.
While several laws are in place to protect workers from exploitation, whether or not they are enforced is a different matter.
Renuka pointed out that bringing foreigners to Malaysia en masse, forcing them to work and holding back their salaries were offences under the Anti-Trafficking in Persons Act 2007.
She added that the Industrial Relations Act 1967 and the Employment Act 1955 both state that employees cannot be barred by their employers from joining unions.
Yet, they are made to sign an agreement when they come into the country promising not to join unions. Often, the same stipulation is also part of their employment contract.
Malaysian Trades Union Congress vice-president A. Balasubramaniam said the current situation meant locals are being deprived of jobs.
"After all, why hire locals who know their rights better and will demand higher salaries when there are foreigners who can be easily hired at much lower salaries?
He said the International Trade Union Federation, to which the MTUC is affiliated, has in past years organised regional meetings with trade unions from countries sending and receiving foreign workers.
"This is to allow unions to network and create awareness of workers' rights."
The MTUC signed a memorandum of understanding with its counterpart in Indonesia in 2006 to cooperate in preventing exploitation of migrant workers.
"We will do the same thing with our Indian and Nepalese counterparts later this year," Balasubramaniam said.
"Migrant workers are helping our country develop and at the same time helping their own economies. They should be protected, not exploited."
