This weekend, I had the privilege of joining a training session for Nepali migrant workers. To be honest, this title was about all the information I had before I stepped foot into the meeting room. But what I was to learn the following two days brought legitimization to the stories I have been sharing with you. This time it wasn’t just someone telling me from CNN, or a story in Amnesty Int’l. This time, it was from a person’s lips. Why I need this sort of credibility before I feel, I don’t know. But let me share a bit of what happened this weekend. Maybe you can be better than me, and feel with second-hand information.
Migrant and foreign workers (not ‘trafficked’) have quite specific guidelines under Malaysian labor laws. The laws sound ok – if they’re enforced. Let’s start from the beginning.
First, to come to Malaysia, as a worker, you have to apply for a work permit. This is done through your home country and an ‘agent’ who sets you up with a company to work with. On your work permit, Company A is listed (who have to go to the Malaysian government on a yearly basis to explain why the job they are hiring the migrant for couldn’t be filled by a Malaysian). So, you sign a contract with the agent and your sending country that you will work for X number of years with Company A for X number of dollars a month. This sounds ok.
However, the workers then sign another contract upon entrance to Malaysia, with the agent, and many times it conflicts with the original document. It is not written in a language they understand, so they assume they are signing the same document. Often times the contract is for 100’s of RM less a month than th
e original document signed in the home country. Then, upon entrance to the country, your “Company A” sells your contract to “Company B”. This is illegal, if it’s not changed on the work permit, and are grounds for deportation – but a worker doesn’t know this. In addition to lack of knowledge, the employer will often hold the passport and documents of the worker ‘for safe keeping’, which according to Malaysian law is illegal. So, even if you didn’t want your contract to be sold to Company B, you don’t really have a choice. Malaysia has pretty strict undocumented peoples/workers policy. You don’t want to come here if you don’t have the proper documents, much less, you don’t want to be caught if you don’t have your passport/documents.
e original document signed in the home country. Then, upon entrance to the country, your “Company A” sells your contract to “Company B”. This is illegal, if it’s not changed on the work permit, and are grounds for deportation – but a worker doesn’t know this. In addition to lack of knowledge, the employer will often hold the passport and documents of the worker ‘for safe keeping’, which according to Malaysian law is illegal. So, even if you didn’t want your contract to be sold to Company B, you don’t really have a choice. Malaysia has pretty strict undocumented peoples/workers policy. You don’t want to come here if you don’t have the proper documents, much less, you don’t want to be caught if you don’t have your passport/documents. Imagine a place where OSHA, basic overtime rights, getting paid what you agreed to work for, and holding your own identity are all at risk. Add to that a language barrier, and a possible education barrier. Your family is sending letters to you that they need more money at home, and you must stay and work.
I haven’t given you a complete picture, but a slice. This is what the organization I am interning works for. It was beautiful when the migrants ‘clicked’. They had rights under the already existing Malaysian law! They GET 10 days off – by law. They CAN ask for their passport back to travel for religious holidays. They DO have advocates that will help them get salary if their employer refuses to pay them.
A group of 15 workers arrived confused, but they left with tools. A simple educational workshop – nothing advocated but the Malaysian law – and hearts left a little lighter.
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