Helping migrants benefits us (Pt 1)
Samuel GrumiauPublished: Jun 15, 2009 4:36 AM | Updated: Jun 15, 2009 6:16 AM
How is the economic crisis affecting the large migrant population in Malaysia?
G Rajasekaran, general secretary of the MTUC (1), talks about trade union initiatives designed to help them. He especially denounces the exploitation of domestic workers, a particularly vulnerable category of migrants.
How is the economic crisis affecting the large migrant population in Malaysia? G Rajasekaran, general secretary of the MTUC (1), talks to the International Trade Union Confederation (ITUC) about trade union initiatives designed to help them.
He especially denounces the exploitation of domestic workers, a particularly vulnerable category of migrants.
ITUC: How widespread is the phenomenon of migration in Malaysia, and what is the MTUC's policy on this issue?
G Rajasekaran (left): We have two million migrant workers from 20 different countries currently in Malaysia. About a million of the are from Indonesia while the second largest group, numbering around 300,000, are from Bangladesh followed by Nepal. Of these two million300,000 are domestic workers - most of whom are women.
We believe that the recruitment of migrants should be based on labour requirements. The country should not be flooded with migrant workers as this tends to undermine pay and working conditions, as well as exacerbating the exploitation of migrants. The agencies that recruit migrants are very active and they send as many as they can because they obtain large sums of money from these workers.
Has the global economic crisis had any impact on the employment of migrants in Malaysia?
Government statistics show that since the beginning of the crisis in October 2008 until just a few days ago, about 30,000 workers have lost their jobs, out of an active population of 11.2 million people. About two thirds of these 30,000 job losses have affected Malaysians, and the other third migrants.
Since the onset of the economic slowdown, we have been telling the government that it should freeze all new work permits. And that's what it has done. Some of our colleagues overseas see this move as a breach of their rights, but I see it differently, because if migrants are brought to Malaysia only to be told three months down the road that the companies do not need so many workers and that they should go back home, it makes matters worse.
Having said that, migrants are still coming, legally and illegally. Some are still arriving legally as they had been granted permits beforehand but had not come straight away. It's going to create problems, as companies are not recruiting.
At the end of 2008 and beginning 2009, hundreds of Bangladeshi boat people were set adrift on the high seas by the Thai navy whilst trying to reach Malaysia clandestinely. Many died. Is there not a risk that by failing to issue new work permits, Malaysia will encourage more of these desperate attempts to enter the country illegally?
According to government statistics, aside from the two million migrant workers with proper papers, there are around a million without papers. Most of them are Indonesians. It would be better if stayed in their home country, where they have a place to live at least.
When you go to a foreign country and you don't have a job or a place to live, you end up sleeping under a bridge, or much worse. Many think that they will be able to find a job one way or another once they get to Malaysia, but in times like these there are very few opportunities.
What kind of services does the MTUC offer migrants?
We have two full-time officers helping domestic workers in the main, as part of a project supported by the Dutch union FNV. For the past two years we have also been involved in another project for all migrant workers with funding from the LO-TCO union.
Migrant workers can approach with their problems. The common complaint is about reneging on salaries they were promised before leaving their country. Some of them come to see us with the contract signed in their country of origin, which stipulates a higher salary.
We go to the Labour Ministry to support the demands of workers whose contracts are violated in this way, but the ministry's response is that agreements signed abroad cannot be enforced in Malaysia. We are pressing the government to ensure recognition of these contracts, but it has not done so yet.
We also receive complaints from workers telling us that they have not received their wages for several months. Their employers give them 20-30 ringgit (4-6 euros) from time to time, just enough to survive on, and ask them to sign a document acknowledging receipt of these small sums, but the amount is not written on it at the time.
We turn to the Labour Ministry in such instances, but the documents signed by these workers makes it difficult for us to advance our case as the employers argue that they had already paid the full amount when the document was signed.
These projects have given us a clearer picture of what is happening on the ground and have allowed us to gather statistics on the number of people mistreated by their employers. We submit this data to the government. Since then we have seen some improveents.
Do collective bargaining agreements apply to migrant workers?
Our policies is that even if a migrant workers has signed an individual contract, wherever there is a union and a collective agreement, the latter applies to everyone, including migrants. We are managing to implement this MTUC policy but it has become increasingly difficult since the government introduced a system of supplying labour two years ago, and issued around 270 licences for what it calls outsourcing companies.
We call them labour traffickers, who extract money from migrants and employers. These outsourcers do not operate in any particular sector, but they are the migrant workers' official employer; they are not employed by the company where they work.
The problem here is knowing what union to join, as Malaysian unions are organised along sectoral lines. Outsourcing also means that the collective agreement signed with the company does not apply to these migrants, even though they work there.
What specific actions are you taking to assist domestic workers?
One of our key demands is that domestic workers should have at least one day off a week. There are many other grievances but we want to take this step forward first, because most domestic workers live almost like prisoners. They get to Malaysia, are taken straight to their employer's home and are then cut off from any contact with the outside world.
They cannot go out and complain if they have a problem, like if their wages are not paid. The fight for one day off a week is not only linked to the fact that they should be recognised as human beings who need a break; it is also about allowing them to meet other people, to learn more about their rights and to find help if they have a problem.
Many migrant domestic workers also come to see us to complain about the food they receive. There are also many complaints about employers who have businesses, often a restaurant, where they take their domestics, after they have finished in the house, and make them work until late at night.
None of the labour laws apply to domestic workers, as they are not recognised as workers by law, be they migrants or Malaysians. We are pressing the government to change this.
And then there are all the cases where employers hold on to their passports...
Yes, even though it is illegal to hold another person's travel documents in Malaysia. When we raise this issue with the government, it's response is that if the employer takes them away for safe keeping with the employee's consent, the authorities cannot interfere.
So employers make their workers sign a document asking them to keep their passports in a safe place and to return it to them when they leave the country. Many domestic workers are not able to read and, in any case, rarely have a chance to refuse.
The above article is courtesy of the International Trade Union Confederation (ITUC).
He especially denounces the exploitation of domestic workers, a particularly vulnerable category of migrants.
ITUC: How widespread is the phenomenon of migration in Malaysia, and what is the MTUC's policy on this issue?
G Rajasekaran (left): We have two million migrant workers from 20 different countries currently in Malaysia. About a million of the are from Indonesia while the second largest group, numbering around 300,000, are from Bangladesh followed by Nepal. Of these two million300,000 are domestic workers - most of whom are women.We believe that the recruitment of migrants should be based on labour requirements. The country should not be flooded with migrant workers as this tends to undermine pay and working conditions, as well as exacerbating the exploitation of migrants. The agencies that recruit migrants are very active and they send as many as they can because they obtain large sums of money from these workers.
Has the global economic crisis had any impact on the employment of migrants in Malaysia?
Government statistics show that since the beginning of the crisis in October 2008 until just a few days ago, about 30,000 workers have lost their jobs, out of an active population of 11.2 million people. About two thirds of these 30,000 job losses have affected Malaysians, and the other third migrants.
Since the onset of the economic slowdown, we have been telling the government that it should freeze all new work permits. And that's what it has done. Some of our colleagues overseas see this move as a breach of their rights, but I see it differently, because if migrants are brought to Malaysia only to be told three months down the road that the companies do not need so many workers and that they should go back home, it makes matters worse.
Having said that, migrants are still coming, legally and illegally. Some are still arriving legally as they had been granted permits beforehand but had not come straight away. It's going to create problems, as companies are not recruiting.
At the end of 2008 and beginning 2009, hundreds of Bangladeshi boat people were set adrift on the high seas by the Thai navy whilst trying to reach Malaysia clandestinely. Many died. Is there not a risk that by failing to issue new work permits, Malaysia will encourage more of these desperate attempts to enter the country illegally?
According to government statistics, aside from the two million migrant workers with proper papers, there are around a million without papers. Most of them are Indonesians. It would be better if stayed in their home country, where they have a place to live at least.
When you go to a foreign country and you don't have a job or a place to live, you end up sleeping under a bridge, or much worse. Many think that they will be able to find a job one way or another once they get to Malaysia, but in times like these there are very few opportunities.
What kind of services does the MTUC offer migrants?
We have two full-time officers helping domestic workers in the main, as part of a project supported by the Dutch union FNV. For the past two years we have also been involved in another project for all migrant workers with funding from the LO-TCO union.
Migrant workers can approach with their problems. The common complaint is about reneging on salaries they were promised before leaving their country. Some of them come to see us with the contract signed in their country of origin, which stipulates a higher salary.
We go to the Labour Ministry to support the demands of workers whose contracts are violated in this way, but the ministry's response is that agreements signed abroad cannot be enforced in Malaysia. We are pressing the government to ensure recognition of these contracts, but it has not done so yet.
We also receive complaints from workers telling us that they have not received their wages for several months. Their employers give them 20-30 ringgit (4-6 euros) from time to time, just enough to survive on, and ask them to sign a document acknowledging receipt of these small sums, but the amount is not written on it at the time. We turn to the Labour Ministry in such instances, but the documents signed by these workers makes it difficult for us to advance our case as the employers argue that they had already paid the full amount when the document was signed.
These projects have given us a clearer picture of what is happening on the ground and have allowed us to gather statistics on the number of people mistreated by their employers. We submit this data to the government. Since then we have seen some improveents.
Do collective bargaining agreements apply to migrant workers?
Our policies is that even if a migrant workers has signed an individual contract, wherever there is a union and a collective agreement, the latter applies to everyone, including migrants. We are managing to implement this MTUC policy but it has become increasingly difficult since the government introduced a system of supplying labour two years ago, and issued around 270 licences for what it calls outsourcing companies.
We call them labour traffickers, who extract money from migrants and employers. These outsourcers do not operate in any particular sector, but they are the migrant workers' official employer; they are not employed by the company where they work.
The problem here is knowing what union to join, as Malaysian unions are organised along sectoral lines. Outsourcing also means that the collective agreement signed with the company does not apply to these migrants, even though they work there.
What specific actions are you taking to assist domestic workers?
One of our key demands is that domestic workers should have at least one day off a week. There are many other grievances but we want to take this step forward first, because most domestic workers live almost like prisoners. They get to Malaysia, are taken straight to their employer's home and are then cut off from any contact with the outside world.
They cannot go out and complain if they have a problem, like if their wages are not paid. The fight for one day off a week is not only linked to the fact that they should be recognised as human beings who need a break; it is also about allowing them to meet other people, to learn more about their rights and to find help if they have a problem.Many migrant domestic workers also come to see us to complain about the food they receive. There are also many complaints about employers who have businesses, often a restaurant, where they take their domestics, after they have finished in the house, and make them work until late at night.
None of the labour laws apply to domestic workers, as they are not recognised as workers by law, be they migrants or Malaysians. We are pressing the government to change this.
And then there are all the cases where employers hold on to their passports...
Yes, even though it is illegal to hold another person's travel documents in Malaysia. When we raise this issue with the government, it's response is that if the employer takes them away for safe keeping with the employee's consent, the authorities cannot interfere.
So employers make their workers sign a document asking them to keep their passports in a safe place and to return it to them when they leave the country. Many domestic workers are not able to read and, in any case, rarely have a chance to refuse.
The above article is courtesy of the International Trade Union Confederation (ITUC).
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