THE Human Resources Ministry’s proposed app for workers to lodge complaints against errant employers is a nice idea, said a rights group, but it questioned if the authorities would treat all complaints fairly and transparently, including undocumented workers.

Migrant rights organisation Tenaganita said all workers should be treated fairly, even if they are illegal, as long as they are engaged for a service they provide.

“Can the ministry guarantee that it will be transparent with all complaints lodged by workers, regardless of their documentation?

“Once you are hired and paid by a company, you are a worker, whether you have documentation or not. Now can the ministry state that it will treat every complaint equally and transparently?” asked Tenaganita executive director Aegile Fernandez. 

Tenaganita’s concerns follow reports about the treatment of foreign workers, especially undocumented migrants, during the movement-control order (MCO) last year. 

Despite the government’s promise not to round up migrants so as to encourage them to come forward for Covid-19 testing, raids were conducted on buildings where they are known to live and several hundred were arrested.

Some reports claim that even refugee women and children were rounded up, which the authorities deny.

Blue-collar workers are again in the spotlight as they comprise a high number of the Covid-19 cases in Malaysia.

The spread of the coronavirus among them has been attributed to the deplorable living quarters provided by employers.

Late last month, the ministry said glove maker Brightway Holdings and two of its subsidiaries in Selangor will face 30 charges for offences under the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446).

The offences include failure to obtain certification for workers’ housing, lack of compliance with Covid-19-prevention measures and allowing cramped and dirty living conditions. 

Prior to that, glove-making giant Top Glove was top contributor in terms of Covid-19 cases to the Teratai cluster, which in late November logged more than 4,000 cases, surpassing the Sri Petaling tabligh cluster at the start of the outbreak last year.

The Human Resources Ministry’s proposal for such an app comes months after news that the Nepali worker who reported in May on the poor living conditions for Top Glove workers was fired in September.

After the worker’s sacking, the glove maker went on to become the source of the country’s biggest Covid-19 cluster.

Health authorities have also named numerous construction sites as the source of newer Covid-19 clusters, with director-general of health Dr Noor Hisham Abdullah stressing that higher numbers of infections are to be expected as compulsory mass testing of workers is underway.

These “workplace” clusters suggest that the standard of welfare and protection for workers is below par. 

A visit by The Malaysian Insight to glove-processing factory in Kajang, for example, found foreign workers living in an old shipping container meant for 100 people but which had 751 workers crammed inside.

Human Resources Minister M. Saravanan, who announced the app on December 26, said it would be launched on January 11 and would give workers the opportunity to inform the Labour Department directly about errant employers who neglecting workers’ welfare.

Saravanan also promised direct engagement with the complainants, “regardless of whether they are locals or foreigners”.

Master Builders Association Malaysia president Sufri Mhd Zin said workers who do not own a smartphone may not be able to use the app.

However, he believes the fact that workers have such an avenue for complaint will keep the employers on their toes.

“It is a good initiative by the government to bridge communication between workers and government. However, not everyone owns a smartphone or has enough phone data.

“With the introduction of the app, employers will definitely have to be more responsible for their workers’ welfare to avoid being reported to the government,” he said.

At the same time, some workers could take advantage and report their bosses over petty matters that could be easily resolved internally, he said.

“Hence, the relationship between both parties could be damaged. As such, we hope that the government will soon share the conditions for using the app.”

Meanwhile, Malaysian Employers’ Federation executive director Shamsuddin Bardan said the government should also introduce an application that can allow employers to have a two-way communication with the government. 

“An app for employers will allow them to voice ideas or policies that can benefit the country.

“The government then can directly communicate with employers on the implementation of those policies.”

Shamsuddin agrees with the app for workers to lodge complaints directly with the Labour Department, and urged employers to accept it.

“I agree with the minister’s idea to have an application for workers to communicate with the government.

“It will keep the employers aware of their responsibilities towards the workers.” – January 6, 2021.