Breaking from convention, the labour department today accepted a claim filed by a group of Indonesian illegal migrants who have accused their Malaysian employer of not paying their wages.

"Their case has been accepted by the labour department which traditionally does not entertain any cases involving illegal migrant workers," said their lawyer Md Radzi Mustafa when contacted.

He said the group's leader Lukman filled up all the necessary documents as requested in a normal claim.

However, the lawyer said the RM123,000 claim only concerned 54 of the 90 disgruntled workers as this was part of the 'strategy'.

"We felt we should keep the remaining 46 in case the matter was not accepted by the labour department," he said, adding that since it has been accepted, the remaining claims will be filed when the workers return to Malaysia next week.

The workers accused the sub-contractor - Sri Mega Jaya Sdn Bhd - of a condominium project in Damansara Damai, Selangor, of not paying their wages amounting to RM150,000 since last September.

The main contractor of the project is Plato Construction (M) Sdn Bhd which is wholly-owned by MK Land Holdings, a company listed on the main board of Bursa Malaysia.

The workers had written a letter urging MK Land executive chairperson Mustapha Kamal Abu Bakar to look into their plight.

A police report was lodged by the local workers support group, the Labour Resource Centre, against Mustafa for the alleged hiring and non-payment of wages to the illegal workers.

MK Land, in turn, has denied that they had employed any undocumented migrant workers

On Feb 18, the workers lodged a police report against Human Resource Minister Dr Fong Chan Onn after the latter made a statement that Sri Mega Jaya had given the wages for the 90 workers, which according to him amounted to RM500,000, to an intermediary who has since absconded.

Last week, the police said that they had wrapped up investigations into the workers' report and would be forwarding their findings to the higher authorities.

Letter of assurance

Meanwhile, Indonesian-based non-governmental organisation Migrant Care country coordinator Alex Ong said the workers agreed to return to Indonesia tonight after being assured by the Indonesian government that their application to work in Malaysia in future will be given priority.

He said in a close-door meeting between Indonesia Labour and Transmigration Minister Fahmi Idris and the workers' leaders on Saturday, the minister agreed to issue a letter to ensure the priority and bear repatriation costs.

"(The workers' leader) Lukman and his friends are guaranteed to be given priority treatment at the one-roof centre to get their documents and come back to work legally in Malaysia," said Ong, who was also present at the meeting in Kuala Lumpur.

He said it was also agreed that the Indonesian embassy here will pursue the legal action against the employer before the workers return to Malaysia.

However, when met in Kuala Lumpur this morning, Fahmi remained tightlipped on the details of the meeting.

"Lukman (and his counterparts) will go back home. They'll all go back home tonight. That's all I can tell you," he said.