'Abused domestic worker owed RM32k, employers bad for country's image'

Human Resources Minister M Saravanan’s call for an immediate investigation into a physically abused Indonesian domestic worker receiving treatment at the Selayang Hospital yesterday revealed that she was also owed RM32,000 in unpaid wages since 2019.

Saravanan also revealed, in a media statement, that the employers were a couple from Batu Caves, before alluding that such employers were a bad image to the country.

Malaysiakini is withholding the names as the couple has not been charged in court.

In a new effort to curb abuse of domestic workers, Saravanan promised to name and shame all errant employers.

“Starting today, the Labour Department will not protect the identity of employers found to be inhumane even if the case was still under investigation,” he promised, with a reminder to employers not to act inhumanely towards their employees.

“Cases like this need to be given serious attention because they affect the image of the country.

“The ministry will never compromise with any form of violence and oppression against workers, whether local or foreign.

“Strict action will be taken against employers if found to have failed to comply with labour laws, including acts that conflict with the elements of forced labour,” he stressed.

Compensation for abuse endured

Meanwhile, Indonesian ambassador to Malaysia, Hermono, who highlighted the case yesterday said the domestic worker who only wanted to be known as Zailis, deserved to be compensated for the physical abuses she endured during the three years she worked for the couple.

Having visited Zailis, 46, (top photo) in the hospital on Wednesday, Hermono, who goes by a single name, said she had severe lacerations on her face, a swollen eye and serious injuries to both her ears sustained from allegedly being beaten by her employer.

Apart from her injuries, Hermono was also shocked over her emaciated appearance, describing that “she has lost 30kg since she arrived in Malaysia”.

He said Zailis, who is from West Sumatra, fled her employer’s house on Aug 30 after being beaten with a piece of wood on her face and back. She’s also being treated for old injuries like a broken arm.

Hermono cautioned that payment of salary and compensation should not absolve the employers of their criminal offences.

Gombak police were investigating Zailis’ criminal allegation against her employers.

While her 35-year-old female employer was remanded on Thursday, Hermono urged the employer’s husband to also be accountable because “he did nothing while criminal activities took place in his house”.

Hermono hoped the case would be investigated for exploitation as well under Section 12 of the Anti-Trafficking in Persons and Smuggling of Migrants (Amendment) Act 2022 (ATIPSOM), which was strengthened with harsher sentences earlier this year.

Liable under the Employment Act

In an earlier statement to Malaysiakini, Hermono listed the multiple elements of abuse in this case that corresponded with the International Labour Organization's forced labour indicators and called for the maximum punishment to be meted out to this employer as a lesson to others.

He reasoned that exploitation of domestic workers persisted because employers were unconcerned about the legal ramifications of their actions.

In addition to the RM32,000 in unpaid wages owed to Zailis, the couple could also be fined up to RM50,000 for non-payment of wages under Section 99A of the Employment Act 1955 (Act 265).

However, domestic workers were only recognised as employees under Act 265 in the amendments that were passed in March this year, with an implementation date that was pushed to Jan 1 next year.

Apart from unpaid wages, Saravanan did not state if any further action would be taken against the employers.

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