c.
d.
6.
11.6% reported deduction in salary and 21.7% reported deduction/withdrawal of benefits.
28.2% of respondents were able to report their wage theft and abuse grievance with Nepalese
Missions at the COD while 66.2% reported unable to register their grievance at the COD (“they had
nowhere to report...”). 43.7% of respondents reported that they did not receive any compensation
in the COD for their grievance.
International Labour Organisations (ASEAN) with support from Malaysian Trade Unions Congress (MTUC)
settled two major legal cases in Malaysia regarding wage violations during Movement Control Order
(MCO).
a. In May 2020, a total of 10,455 migrant workers reported wage theft by 13 subcontractors of the
Mass Rapid Transit (MRT) rail line construction project at various locations in Kuala Lumpur and
Serdang, Malaysia – the construction work of which stopped during the MCO/lockdown. The
workers from Bangladesh, Indonesia, Myanmar, Nepal and Vietnam were left without money for
basic expenses, including food. MTUC officers, who were approached by 5 community leaders,
contacted the 13 subcontractors and the latter claimed that they could not pay because of nonsettlement of dues by the main contractor, or that they intended to conserve their cash flow. With
consistent pressure and negotiations, due wages of MYR12,546,000 (US$3,100,840), consisting of
MYR1,200 (US$297) were paid to each of the 10,455 migrant workers.
b. In other instance, 4,441 workers from Bangladesh, India, Indonesia, Myanmar (including from
Rakhine State), Nepal, Pakistan and Vietnam reported wage theft by seven different
manufacturing companies producing wood and steel products, furniture, electrical components
and other products. These companies were allowed to continue operating at a reduced capacity
(only 50% of staff) during the lockdown and they paid salaries only to those 50 per cent who were
working. The workers also claimed that the companies did not explain clearly how the selection of
the 50 per cent was made and that the selection was not done in a fair manner. Migrant worker
network leaders in the seven companies had consulted their concerned co-workers and then
approached the MTUC MRC together. The MRC contacted human resources personnel in each of
the seven companies to investigate the issue. The companies claimed that they could not pay
wages to workers who were not working, as they needed to preserve their business cash flow.
Finally, persistence of the MRC officers lead to the seven companies agreeing to pay due wages of
MYR5,329,200 (US$1,317,153) including MYR1,200 (US$297) payments to each of the 4,441
migrant workers.
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