Sabah employers were warned yesterday by the Sabah Labour Department not to the ill treat their foreign workers, this follows the discovery earlier this week that a popular seafood restaurant in Kota Kinabalu had grossly abused its foreign employees.

"Both foreign and local workers get the same protection under the Sabah Labour Ordinance (SLO)," warned the SLD in a statement.

The protection, according to a SLD spokesperson, including EPF (Employees Provident Fund) contributions if the foreign employee so desires, the maximum hours of work allowed daily, rest periods, monthly salaries as per their contracts, overtime pay and insurance in lieu of Socso (Social Security Organisation) benefits.

The seafood restaurant owner has been advised by the SLD not to take matters into his own hands when penalizing staff. The operator was issued with a notice on this and on the rectification of other infringements under the SLO, failing which, he will be taken to court.

The SLD hopes that the seafood restaurant case is an isolated one and not the tip of the iceberg as feared.

The foreign workers at the errant employer's place, it is learnt, are mostly Filipinos with valid travel documents and work permits and manning frontline positions as waiters and waitresses.

The SLD spokesperson elaborated that the errant employer had committed several violations under the SLO and this included "unjustified deductions" of the workers' salaries.

Section 113 of the SLO governs deductions, the spokesperson added. "Employers will have to seek the prior approval of the SLD Director for any other salary deductions that they wish to make."

The errant restaurant came to the attention of the SLD when a disgruntled female employee sought the help of the SLD after reportedly approaching the local media for help. This was after she was issued with a 24-hour termination notice by her employer. The termination notice was, however, withdrawn when the SLD intervened.

Promises made meant to be broken

According to the employee's case file with the SLD, she was hired from the Philippines several months ago on the promise that she would be paid RM800 per month.

However, reportedly the monthly pay she received was only between RM100 and RM300 after deductions for various so-called infringements. This included being late by even a few minutes, damaging crockery unintentionally, "failing to smile enough", refusal to surrender her passport to the employer for "safe-keeping", RM1,350 in deductions for her visa and sitting down for more than the permitted two 15-minute breaks during the workday.

"We are also required to wear a hair clip supplied to us at RM15 per clip and the amount deducted from our salary," wrote the Filipina in her complaint form. "A similar hair clip costs only RM2 elsewhere in the city."

The employee admitted that her case was among the worst at the seafood restaurant. Other workers apparently received at least half the salary that they were promised. Generally, this was around RM400 per month after the various deductions.

But like her other colleagues, she had to work 12 hours daily, rain or shine, without overtime pay.

The SLO stipulates that employees are only permitted to work eight hours daily with a 60-minute break during this period. Beyond that period workers must be paid overtime at a rate 50 per cent more than the salary and double on public holidays and leave days. These were among the infringements by the seafood restaurant.

It is understood that most of the foreign workers at the seafood restaurant tolerated the abuse because the employer had retained their passports. This is against the regulations of the SLD, Immigration Department and the Ministry of Human Resources.

port kota kinabalu 260209 It is learnt that Suhakam, the Malaysian Human Rights Commission, in Kota Kinabalu is also taking up the case of the foreign workers at that restaurant. Suhakam also wants other abused foreign workers to come forward at a public hearing that it plans to hold soon on such cases.

Socso, when contacted, confirmed that employers are not liable to make deductions under the organisation's scheme for their foreign workers.

Victim stands firm against boss

"However, they are required to insure their workers under the insurance schemes stipulated under the Workers Compensation Act 1952," said a Socso spokesperson.

The EPF in Kota Kinabalu stressed that foreign employees could contribute to the fund at the statutory rate but their employers were liable to contribute only RM5 per worker per month.

"It's not compulsory for foreign workers to contribute to the EPF," said an EPF spokesperson. "However, it would be better for them to do so since it's one way of having their promised salary on public record in case complaints arise. Besides, they will have some savings when they return home."

Meanwhile, it has been learnt that the seafood restaurant has issued a fresh termination notice to the gutsy Filipina waitress who sought the help of the SLD. However, she has no intention of budging until all the monies due to her from her errant employer are paid, according to a SLD source.