Some 65 High 5 bread factory employees lodged complaints at the Labour Department in Subang Jaya today, a week after their services were terminated.

But, disappointingly for them, the Labour Department’s hands seemed to be tied for now.

This is because the worker's notice period of termination from the company will only end on July 23, said Parti Sosialis Malaysia (PSM) secretary-general A Sivarajan, who is assisting the workers in their case.

“So even though they have taken our complaints, the Labour Department cannot file a claim against the management of the company (High 5 Consolidated Berhad)," Sivarajan told Malaysiakini.

The Labour Department can only put in a claim if the company’s management does not comply with orders to pay the workers’ wages after July 23, he said.

However, Sivarajan pointed out that the workers had already been told not to come to work from June 24 onwards, despite being given a month's notice.

“No one is around at the factory and it is even closed. The workers have been locked out from work, that’s why they consider themselves as having been retrenched,” he said.

Sivarajan said the workers will visit the Human Resources Ministry tomorrow to submit a memorandum urging for the minister’s intervention in the matter.

“The workers believe that their wages are unsecured if normal procedures as per the Employment Act are followed.

“Because once a company is liquidated, it will try to pay the banks first and only when there is balance from the sum then the workers will be paid.

“So we want the minister to use his powers – call the management and liquidators immediately to see how the wages can be paid first,” said Sivarajan.

As for the outstanding Employees’ Provident Fund (EPF) contributions, Sivarajan said some of the workers will be filing separate complaints to the EPF after July 23.

Last Saturday, the workers gathered outside the company’s headquarters in Shah Alam to protest against what they claimed was unfair termination.

Sixty of them had received a letter from the company on June 22 informing them that the company will be ceasing operations the following day.

The employees were given cheques for their half month’s pay and also told they did not need to report for work from June 24 onwards.

Their EPF accounts, on the other hand, had recorded outstanding payments over the past eight months.