Eleven Bangladeshis have been forced to live off their friends since their constructive dismissal by a Shah Alam-based audio/video component manufacturer company last November. The men, aged between 28 and 35, have been working for Keihin (Malaysia) Sdn Bhd since 1995.

They are now stranded in Malaysia since their dismissal o­n Nov 26 bythe company which claim that they were never directly employed by the company but through acontractor.

The constructive dismissal case is pending in the LabourCourt in Subang Jaya, but it will o­nly proceed if theworkers can produce a letter from the Immigration Department confirming that their passports are with the department.

On Nov 19, the workers had lodged a complaint with the Labour Department for non-payment of wages, bonuses and overtime claims. They said they were not paid claims that the local workers enjoyed.

Counsel for the 11 workers, A Sivanesan, said the employer who have held the passports of their foreign workforce since their arrival have handed the documents over tothe department in December with a request to revoke their work permits o­n Dec 6.

"We never got our passports back. Whenever we travelled, thecompany o­nly gave us a letter, but that did not deter the police from repeatedly harassing us for money," said o­ne worker. Sivanesan, said he and his clients were willing to sleep overnight at the court if necessary in order to speed up the hearing if they fail to get temporary passes from the Immigration Department.

Laws inconsistent

He said the real problem lies in the inconsistencies between the country's immigration and employment laws.

"The Immigration Act has been amended several times over the last 10 years but there has not been any corresponding changes for the Employment Act which governs all workers in our country," he said at a press conference today.

Section 69 of the Employment Act, he said, was vague about the powers of the director-general of trades union with regards the granting of an extension of stay to migrant workers whose permits have expired.

"It does not give the director-general the power to issue temporary passes," he said.

Tenaganita and the Labour Court which have been assisting the workers have sent letters to the Immigration Department notifying it o­n the situation and the possibility of the case dragging o­n for at least three months.

Sivanesan said yesterday Tenaganita had received a reply asking that the 11 workers be produced at the department's enforcement division for 'further action' but was not specific about what it was.

The workers said they have not been paid overtime claims for seven years. They have also been receiving daily wages of about RM23 although their terms of employment stated a monthly salary of RM364.

The employment letter, which claimed to follow the Employment Act, also stipulated 26 working days a month. The workers however said they have to work seven days a week, including Sundays and public holidays for the same wage.

Skills upgrade

The workers who have had skilled labour training under MLVK, the government's vocational training programme, also claimed they had to pay RM1,700 as levy when the official sum was RM1,200.

Following the complaint with the Labour Department, the company had also refused to pay the RM600 rental for their apartment in Section 16 Shah Alam, where between 18 and 22 live in cramped spaces.

"We had to collect money ourselves and pay RM1,800 for three months from Aug to Oct last year," said o­ne of the workers. They have also never gone back to Bangladesh since coming to work here.

When contacted today, lawyer T Sivasubramaniam, acting for Keihin, declined to comment. "The matter has already been part-heard. I don't want to comment o­n anything now because it will be sub-judice and I'll be in contempt of court."

Blacklist call

Malaysian Trades Union Congress (MTUC) secretary-general G Rajasekaran said the Immigration Department should have enforced the laws against errant employers.

"They should blacklist companies such as this o­ne so that future recruitments can be rejected. The department should not lend their name for companies and employers to abuse."

Rajasekaran said the MTUC has received a number of complaints from trade unions in other countries over the maltreatment of their nationals working in Malaysia, thus smearing the country's name. The hearing of the case in the Labour Court is scheduled for tomorrow morning.