PETALING JAYA: As of Jan 24, the Labour Department has received 87 complaints from foreign workers about being mistreated by their Malaysian employers.

Its spokesman said the most common complaints involved unpaid wages for the duration of their employment, deplorable accommodation and employers withholding their passports.

“Complaints concerning their rights and welfare issues, such as unpaid salaries or allowances stipulated in employment contracts and exploitation or discrimination, we address as claims under Section 69 (1) of the Employment Act, which confers upon the director-general of Labour the power to inquire into complaints and decide any dispute between an employer and employee,” he said.

Malaysian Employers Federation (MEF) president Datuk Dr Syed Hussain Syed Husman said it is against defending any employer that mistreats its foreign workers.

“MEF advocates that employers who violate the law should face the appropriate consequences or legal action as mandated. We will not compromise on this.

“As a member of the International Labour Organisation and the International Organisation of Employers, we firmly stand by their codes of conduct.”

Syed Hussain said while MEF does not enforce specific penalties against members that violate fair labour practices, it supports decisive action against employers mistreating foreign workers based on the severity of the offences.

“The government must step in to impose fines and in severe cases, cancel their applications to employ foreign workers. However, if the matter is rectified, we will educate and enlighten the employers on proper practices.”

Syed Hussain said MEF keeps abreast of the latest policies and fair practices in dealing with foreign workers and disseminates such information to members through meetings held nationwide.

“Our meetings are aimed at increasing awareness of employers on their responsibilities and proper treatment of foreign workers. MEF also works with the government to ensure fair treatment of all employees, including foreign workers in the country.”

A 25-year-old Bangladeshi, who works in a central kitchen in Sungai Besi, Kuala Lumpur, claimed to have been mistreated by his employer for over three years.

The worker, who asked not to be named, said although his salary was paid on time, there were occasions when deductions were made without reason. His passport is also being held by his employer and his accommodation is deplorable.

“I did not report to the authorities about the mistreatment because I am afraid my employer will dismiss me,” he said, adding that he would not have a job if he was to be returned to Bangladesh.

Commenting on the case, the Labour Department spokesman said foreign workers cannot be discriminated against and must also be provided with accommodation as specified in the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990.

“Employers who are convicted of having violated the Act are liable to a fine not exceeding RM50,000 and to a further fine not exceeding RM1,000 a day for each day during which the offence continues.

“All workers, foreign or local, are entitled to equal rights and fair treatment under labour laws. The Employment (Amendment) Act of 2022, which came into effect on Jan 1, 2023, explicitly prohibits forced labour and discrimination.”

Syed Hussain said some employers may engage in unacceptable behaviour, adding that the majority are committed to ethical practices.

“Any worker who alleges he is being mistreated must lodge a report with the Labour Department, so that appropriate action can be taken against the culprits,” he said.