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Report: Indonesian envoy lauds Malaysian appellate court ruling on undocumented workers’ claims to unpaid wages

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Publish date: Sat, 14 May 2022, 02:36 PM

KUALA LUMPUR, May 14 — The Indonesian ambassador to Malaysia Hermono commended the Malaysian Court of Appeal’s decision this week allowing undocumented migrant workers here to take legal action against their employers over unpaid wages.

The ambassador who goes by a single name described the ruling as a significant progress towards ending forced labour in the country, Malaysiakini reported today. 

“Most of the cases we handled in Malaysia were unpaid salaries of undocumented workers.

“In our experience, it is very difficult to get employers to pay the wages they owe undocumented workers.

“This is because so far, the Labour Court has denied undocumented workers their right to redress labour-related grievances,” Hermono told the news portal.

Hermono was reported saying the Indonesian embassy here has received complaints of unpaid wages from 392 of its citizens hired as domestic workers in Malaysia since last year, adding that many claimed they were owed salaries for more than six years.

According to the ambassador, many employers of undocumented workers here denied they had hired the Indonesians since there were no formal documents to prove the working relationship.

However, Hermono said securing a work pass and maintaining its validity with the Immigration Department is the responsibility of the employer and not the migrant worker.

“I sense that many employers here intentionally hire undocumented workers to stay free from the responsibility for the welfare of workers and timely payment of wages,” he was quoted saying.

Now that the appellate court has made its ruling, Hermono told Malaysiakini that the embassy will be filing unpaid wage claims with the Malaysian Labour Department on behalf of the undocumented Indonesian workers.

He said letting undocumented migrant workers take up their cases with the Labour Department could also inspire employers to respect their rights.

Hermono added that the court ruling should not be seen as punishing employers who hire undocumented workers.

“The immigration laws must still apply to both parties and not just one,” he told the news portal.

On May 12, the Court of Appeal ruled to uphold an earlier High Court decision that the undocumented immigration status of migrant workers do not prevent them from seeking redress at the Labour Court.

 

https://www.malaymail.com/news/malaysia/2022/05/14/report-indonesian-envoy-lauds-malaysian-appellate-court-ruling-on-undocumen/2058817

Discussions
Be the first to like this. Showing 5 of 5 comments

DickyMe

This envoy is getting louder and bordering in meddling in Malaysian civil administration.

1 week ago

Tobby

Please stop protecting undocumented workers! Send them back immediately if caught! What government can do is to charge employers who employ undocumented workers in court! If government allow undocumented workers legal right for unpaid wages, then you have influx of undocumented to come in!

1 week ago

i3lurker

of course undocumented workers must be given
identity cards
land for free
free house to stay
free clothes
free food
free water
free electricity
free internet
free vaccine
free bus services
free MRT/LRT services
free train services
free flights
monthly allowance
free medical at government clinics
free susu for anak to achieve population of 170 million to become the majority race in Malaysia to rule over "others"

1 week ago

chinaman

MY's biggest threat is uncontrolled millions of Indon, Bangla, Pinoy workers. One day, they asked for independence, let's see how Taliban gomen will handle it

1 week ago

chinaman

The Indonesia–Malaysia confrontation or Borneo confrontation was an armed conflict from 1963 to 1966 that stemmed from Indonesia's opposition to the creation of the Federation of Malaysia. After Indonesian president Sukarno was deposed in 1966, the dispute ended peacefully and the nation of Malaysia was formed.

1 week ago

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