Employer Blacklisted After Worker's Suicide Over Unpaid Wages
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The Department of Labour has finished investigating the case of a Pakistani worker who committed suicide after his company reportedly did not pay his wages for several months.
Human Resources Minister M Saravanan said that the company involved is prohibited from hiring foreign workers.
He said that the police continued to investigate the case while the Labour Department helped ensure the company delivered the worker's unpaid wages to his family.
"The Labor Department also blacklisted the company, and it is no longer allowed to hire foreign workers," he said.
Salary arrears amounted to RM6,825.
According to the investigation report, the company involved admitted that the employee, Shahzad Ahmed, was an undocumented foreign worker who started working with the company in January 2019.
Shahzad worked at a construction site along Jalan Ampang in Kuala Lumpur. The investigation found that Shahzad was to be paid RM100 a day with a food allowance of RM300 a month.
However, the employer failed to pay Shahzad's salary, amounting to RM6,825, for four months from November 2020 to March 2021.
The breakdown of the four months of salary arrears is:
- November 2020 (RM500),
- January 2021 (RM2,425),
- February 2021 (RM2,400), and
- March 2021 (RM1,500).
After Shahzad's death, the company promised to pay the salary and goodwill (muhibbah) of RM3,175 to Shazad's family through the High Commission of Pakistan in Malaysia.
The company also agreed to bear the cost of transporting Shahzad's body to Pakistan and signed a letter of commitment with the High Commission of Pakistan.
The Department of Labour promised to continue its investigation and take legal action if it finds violations of other labour laws by the companies involved. The department received an email complaint from the Parti Sosialis Malaysia on April 23, about a week after Shahzad died, and finished its investigation report on April 30.
'Hard to act against employers'
Meanwhile, the Department of Labour director-general Asri Ab Rahman said it was difficult for the authorities to take further action against the employer as Shahzad was an undocumented foreign worker.
This is because undocumented employees do not have a work permit or employment contract, which is crucial evidence to prosecute the involved employer in court.
"If we want to sue the employer, we need to have an employment contract or a work permit in his passport to ensure that the employee worked at the company.
"(Otherwise,) when we go to court, the employer might say this is not their employee. Then, how will we prove it?
"But he (Shahzad) does not have these two documents. No one will sign contracts with illegal workers. That is why we always advise foreign workers to enter the country legally," said Asri.
The victim worked at a construction site in Kuala Lumpur.
Stressing that arrears of salary payments should not have occurred, Asri said that it was more challenging to take action in Shahzad's case as he had passed away and could not be a witness for the Labour Department.
Section 55B of Immigration Act 1959/63 says that employing any undocumented employee who does not have a valid pass is punishable by a fine of RM10,000 to RM50,000 or imprisonment not more than 12 months or both.
A person who employs more than five undocumented foreigners can simultaneously be sentenced to imprisonment of six months to five years and whipped no more than six times.
However, Asri added that the Immigration Department is the authorised body that takes action against companies or employees involved in offences under the Immigration Act.
More about the case.
It was previously reported that Shahzad committed suicide at his workplace along Jalan Ampang on April 17, after posting a video accusing his employer of failing to pay his salary for five months.
Police investigations found that the company had financial problems as it was affected by the movement control order.
Saravanan then assured that the ministry would investigate the matter through the Labour Department and subsequently take appropriate action if the allegations were true.
He also said the ministry would soon develop an e-Wage system to monitor the payment of monthly salaries to employees in real-time.
During the movement control order, at least 49 foreigners committed suicide from March to October 2020.
Source: MalaysiaKini
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