TITLE: The Tales Of Horror...40 Migrant Workers From India

AUTHOR: lee siewhwa

PUB: Parti Sosialis Malaysia

DATE: April 18, 2001

In May 2000, around 143 workers were interviewed in Madras, Tamil Nadu by the Executive Director of the Gallant Electronics, a Malaysian company. Malaysia, a heaven and a dream land. The dream continued. The migrant workers were promised RM1,500 salary a month . But in order to cover their passport and visa cost, the workers had to pay RM 8,000 to RM 12,000 to their agents (R.R. Travels, Chennai and Crescent Traders, Tamil Nadu) to get this job. Just half an hour before their dream flight to Malaysia, these workers when they were told to sign a contract of employment for RM380 monthly salary. The amount was only one third of what was promised to them much earlier. But what they didn't realise was their exploitation rate too was only one third at this point of time. The workers overcoming this first hiccup, still with some hope and expectation landed in the dream land at Sepang Airport on 17 October 2000. As they were getting obsessed by the huge structure of KLIA, they were asked to pay another USD1000 to one K.S.Lim (Executive Director) for levy and permit. The land of heaven suddenly became gloom to the eyes.. They were brought to a place, not far from Mines Wonderland. But their dream wonderland became a land of slavery. Every morning, the company's security guard will wake tem up at 5.00am. The guards will then line them up two by two in the field and a head count would be conducted. Any workers out of line, will be punished by the security guard, at times physically. Then they are made to walk 1 km each day to and from the factory accompanied by the company's police, the 15 security guards. If you thought this was worse, wait till you hear about the punishment and rules. If you don't walk in a straight line to work, disciplinary action would be taken by deducting RM50 from the workers salary. One-minute delay would cost them a strict disciplinary action and their pay would be deducted again. If a worker spent more than 5 minutes in the toilet, his pay would be deducted once again. Also his toilet habits are restricted to twice a day. The deduction for offence is between RM30 - RM50. According to the workers, one worker was even suspended for not asking permission to go to the lavatory. Beside this fines, the employer also deducts RM 20 for laundry and RM 42 for EPF from their salary. The only problem with this deduction is their laundry never get washed and their EPF accounts will show 0. The workers were facing a dreadful salary deduction since January 2001 onwards when they were not paid overtime. Their salary dropped from average RM400 to RM200. In March 2001, one worker even earned a negative RM10. At work they are given a half an hour lunch break while after working hours the workers are only allowed to spent 1 1/2 hrs for dinner. Gallant Electronic has a gallant way in categorizing their workers. There are three categories. Black listed - workers who are brave to express their grievances/ dissatisfaction over the working conditions. These workers are transferred to Hostel Sri Jasa, which is 5km from the factory. And yes, the workers have to walk 5km each day to work. Red listed - workers who complain very little and are considered still under control!. To teach them a lesson, the employer decline them overtime. Yellow listed workers are obedient and docile workers. Anyway, the employer seems to get the yellow color in the right perspective. On 28 March 2001, Ms. Lee, the manager of Gallant Electronics called all the workers to the field to have a meeting. The workers were informed that the company is having a hard time due to the economy crisis. Therefor, from April 2001 onwards work would only be provided for 20 days and the remaining 10 days, there will be no work and no pay!! She further notified them that their basic salary would be reduced from RM380 to RM260 a month. Why? Because RM120 would be deducted for their levy each month. Of course, the workers strongly protested the condition and demanded they be send back to India. Ms. Lee used 8 police officers to threaten them and forced them to work. The worst was when they were locked in the factory and told to work till 5.30 the next morning. On 29 March 2001, 83 workers were able to contact the High Commission of India seeking them to intervene. The High Commission was able to hold a meeting between the workers representative and the management representative (K.S.Lim). The outcome of the meeting is: i) the workers salary and other payment without the levy deduction must be paid to the workers(ii) the workers work permit would be cancelled and the employer would buy the ticket to return. On 6 April 2001, 30 workers were sent back to India. On 7 April 2001, at 6.00 p.m. the remaining 53 workers were forcefully asked to vacate the Gallant Hostel and forced to shift Hostel Sri Jasa (The blacklisted hostel). The workers refused to budge. So, the security guards dumped their belongings outside and locked the hostel. On 8 April 2001, at 1.00 a.m, the workers were forced to walk two by two to the Sri Jasa hostel but the workers refused and choose to instead sleep at the platform. At 2.00 p.m. the employers agent and gangsters threatened the workers to stay and work with Gallant Electronics. Communiity Development Centre (CDC) received a SOS signal from these workers. At 5.00 p.m the workers with the help of CDC's volunteers lodged a police report at Kajang police station. The workers also seeked the Indian High Commission to intervene. On 9 April 2001, the High Commission did arrange for a meeting but the management didn't seem to agree with the workers demand, which are: Arrange free lodging for workers in Sri Jasa Hostel. Arrange free basic necessities to workers (water, electric and transport to work place Fair compensation to workers before they are sent to India Airport tax must be borne by the employer Employer must treat the workers with dignity and respect. Employer must bear the return flight ticket cost to India for all workers On 10 April 2001, the workers waited from10.30a.m till 3.30 p.m at the Indian High Commission but the employer failed to turn up and the workers were told to come back the next day. On 11 April 2001, 40 workers turned up at the High Commission but the employer was not contactable. Instead the workers were advised to seek labour departments advice. All 40 workers went to the Labour Department to file their case. The Labour officer at once referred them to Immigration Department. Why? Because the employer is holding their passport and so the workers must lodge a report to the Immigration to get back their passport. FROM THE PAN TO THE FIRE On 11 April 2001, around 40 Indian workers approached the Immigration Department to make a report against their employer who was holding their travelling documents and permits. The workers were shocked to see the their employer K.S.Lim coming out of the department with smiling face. Suddenly, one officer by the name Mustaffa came out and shouted at the workers, calling them illegal workers and threatened to send them to the Semenyih detention camp. Meanwhile En Jammal Ariffin, the Director of Immigration Department (Foreign Workers Department) and some of his officers came to the scene and scolded the Indian workers. The Imigration officers acted like some thugs when two CDC activist were pushed out and another activist -Ravie was brought to a separate room and abused. The officers also prevented Ravie from lodging a report. Meanwhile the workers were detained and send them to the detention camp. Though the volunteers tried to get some explanation but the so-called public servants were behaving like thugs and pushed the volunteers' aside. Soon the workers understood the smile K.S.Lim's face. Their employer had cancelled their permit and the workers like instant noodles became illegal workers. The Immigration officer refused to listen to the workers plight and instead accused them as illegal workers. The workers were arrested and send to Semenyih Detention Camp. Only after all the workers were sent, did En Jammal Ariffin and one Cik Normah (Immigration department) agreed to talk to the representative of Tenaganita and CDC Kohila. Jammal informed them that the employer has made a police report stating the workers refused to work as such they were terminated and their work permit is cancelled. En Jammal further said that he will negotiate with the employer to send the workers home. SAYO NARA The shock was terrible. CDC along with TENAGANITA pressured the Indian High Commission to act. CDC activist also lodged police report and notified the press. The employer just could not take the pressure. On 14 April 2001, one of the worker from the Semenyih detention camp called the CDC and informed that they are being sent to KLIA and they want CDC to get their belongings. By 10p.m. all 40 of them were sent back. IT JUST DOESN'T BALANCE Now, where is the justice? The workers paid USD1,000 to the employer for the job and they paid RM8,000 to RM12,000 to their agent in India to secure the job. Wrongful deductions were made from their salary during their 6 months employment. The workers were terminated without notice and no compensation was paid either. What about all the humiliation and ill treatment they had undergone under the Gallant Electronics? Shouldn't Gallant Electronics be made answerable to all the sufferings the workers were put through? And why should the workers be punished when the employer is the one in default? Why did the Immigration fail to listen to the workers plight? Why did the immigration ignore the fact that the employer is holding the workers passport and other traveling documents? Why isn't the employer charged in court? The workers at the airport, were just glad that they are going home for good. But at the end of the day, the scale doesn't balance up. There is a total gang-up against the worker. Gallant Electronics may thing they had succeeded in hiding the truth by sending the workers back. A Gallant slave master. But everything is not over yet. Some groups are still seeking to bring the employer to his knees. END top