The Human Resources Ministry will discuss with the Immigration Department the possibility of affording a temporary reprieve in cases involving 'undocumented' migrant workers awaiting court hearing in a trade dispute.

Non-governmental and human rights organisations have highlighted the plight of migrant workers who, already tangled in trade disputes with unscrupulous employers, are further victimised by the authorities.

They blame the employers for holding on to their workers' documents, which results in their 'being' undocumented under Malaysian immigration law.

Minister Dr Fong Chan Onn said he will discuss with the Immigration Department on the best way to handle the matter so that foreign workers' rights and interests are protected.

"We want them to have full access to legal advice but for that, we need the cooperation of the immigration authorities," he told reporters after a meeting with the Bar Council in Putrajaya today.

"The Bar Council raised the issue of legal representation for foreign workers because they said that workers with trade disputes pending in court were either put in detention camps or deported for not having valid documents."

Fong said genuine cases should be given access to legal advice.

Not treated fairly

Contacted later, Bar Council vice-chairperson Yeo Yang Poh said that all foreign workers should be accorded equal treatment.

"Many are not treated fairly by their employers. When complaints are filed with the Labour Department, the employers get the authorities to revoke the workers' permits," he said.

"The minister told us that discussions are already going on with the Immigration Department on this."

Yeo said foreign workers should enjoy the same benefits as the local workforce, as per the Employment Act (EA).

"There are cases where these workers are excluded from collective agreements when they should be covered by the EA."

He said Fong welcomed the Bar Council's interest to participate in future discussions with the ministry.

This legal predicament, in addition to the trade disputes pending in court, has forced migrant workers to escape deportation by fleeing from the authorities to seek refuge in houses of worship.

Last year, a group of Bangladeshis were forced to survive on the goodwill of friends. Labour lawyers blamed the inconsistencies in the immigration and employment laws for the dilemma.