Saturday 13 February 2016

Employers should pay the Levy – Not Migrant Workers Immoral for Malaysia to take from workers to overcome national economic problems

Employers should pay the Levy – Not Migrant Workers
Immoral for Malaysia to take from workers to overcome national economic problems


Joint Statement – 12 February 2016


We the 97 undersigned civil society organisations, trade unions and groups are shocked by the news that the Malaysian government is increasing the migrant worker (foreign worker) levy to more than double the current rate, which since January 2013, had to be paid by the migrant workers themselves.  Prior to that, it was paid by the employer of migrant workers, whereby the introduction of the levy then was to deter employers employing migrant workers, rather than local Malaysian workers. This was also stated by the then Malaysian Labour Director-General Datuk Ismail Abdul Rahim who was quoted saying that, “…The rationale behind getting employers to bear the levy was to discourage them from employing foreigners…”  [Star, 16/4/2009]

Migrant Worker Levy Rates Drastically Increased as of 1/2/2016

The Malaysian government recently announced that, as of 1/2/2016, annual levy payable for each migrant worker is increased to RM2,500 (manufacturing, construction and service sectors) and RM1,500 (plantation and agriculture). Before this, the annual levy payable for a Migrant Worker in the Manufacturing sector (RM1,250), Construction sector (RM 1,250), Plantation sector (RM590), Agricultural sector (RM410) and Services sector (RM1,250 – RM1,850) which was so much lower.

This new rates in comparison greatly burden the migrant worker in that the annual levy payable per migrant worker will now be doubled, or even tripled.

For example, a migrant worker in an electronic factory, classified under the manufacturing sector, who paid a levy of RM1,250 before, will now have to pay double, RM2,500. A worker earning a monthly minimum wage of RM900, which is the wage many migrants are paid, will now have to pay more than RM200 for levy, leaving them with only less than RM700 as their monthly wage, not taking into account all other wage deductions. This is most unjust.

It is unconscionable for the Malaysian government to target migrant workers in the hope of making extra income of RM2.5 billion for the country from the 2.1 million documented migrant workers in Malaysia to rescue Malaysia from its current financial woes.

Easily Exploited With Almost No Access to Justice Makes Migrant Workers Vulnerable to Employers

When Malaysia, introduced Minimum Wage, employers and employer groups complained that their labour cost had gone up, and they could not afford it. In response, the Malaysian government decided that employers no longer need to pay the migrant worker levy, thus the obligation to pay the levy fell on migrant workers themselves.

Contract substitution remains a problem. Migrant workers agree to come to work in Malaysia, but when they start working, the migrant workers complain that they are now paid lower than what they had agreed to in their country of origin with the employer and/or his agent. Many employers have also used the Minimum Wage of RM900, as the standard wages they pay migrant workers.

Because of the debt incurred by migrant workers in coming to Malaysia to work, which is about RM5,000 and the practice of employers and/or agents holding on to their passports and work permits, migrant workers find themselves in a form of bonded labour, and not able to do anything else but just survive.

With the very low wages, they receive; many are forced into doing overtime sometimes 4 hours per day, working on rest days and even public holidays to make ends meet. Malaysian law stipulates a draconian overtime limit of 104 hours every month. This means, in effect migrant workers can be forced to work for 12 hours a day because in many workplaces doing overtime is no longer an option that workers can refuse. As such, migrant workers and even local workers can be considered to be engaged in some form of ‘forced labour’.

For migrant workers, access to justice remains a myth for many. When they complain about rights violations, what happens in many cases is that they are terminated, and their permit to work and/or remain in Malaysia is also terminated. This causes migrant workers to be easily controlled and exploited cheaply. They do not even have the option to claim justice.

Employers Contribute Less to Migrant Workers Income

Under the Malaysian law, employers are required to contribute 13% of the monthly income, inclusive of overtime earnings, to the Employees Provident Fund, this requirement is not applicable to the migrant workers. This makes migrant workers cheaper.

Further, since many employers do not take in migrant workers directly as their own employees, but take and use them as workers who are supplied by the labour suppliers - legally known as the contractors for labour - it effectively prevents these supplied migrant workers the right to join in-house trade unions. Even if they do join national/regional unions, they simply will not be able to enjoy the extra rights and benefits that come by reason of a Collective Bargaining Agreement between Union and Employer, simply by reason that they are not recognised as employees. Calls for the abolition of the ‘contractor for labour system’ by trade unions and civil society have gone unheeded by the government.

Malaysia recognizes that households earning less than RM4,000 a month requires financial assistance, and local workers do get a small assistance from the government through the BR1M program – but migrant workers are excluded from this benefit.

Weakening Ringgit Causes Migrants to earn 20-40% less.

Whilst, the financial problems Malaysia is facing, coupled with the increased cost of living - new taxes, increased transportation costs, and the weakening of the Malaysian Ringgit in relation to currency of the country of origins of migrants – it is the migrant worker who suffers the most.

The weakening ringgit also means that the money migrant workers send back home to their families is now much less and this has a serious impact on their families/dependents and the ability to settle their debts back home. It was recently reported, that "For instance, employees from Bangladesh used to make 44 taka for every RM1, but now it is about 17 taka. The drop is very drastic, more than 40%."Even the ringgit to the Indonesian rupiah has seen a drop in value by 20%," (Malaysian Insider, 5/2/2016)

Unjust to impose New Financial Obligations On Migrant Workers Already In Malaysia

It is totally unjust for Malaysia to impose new financial obligations by law on migrant workers, which did not exist when they agreed with their employers to come and work in Malaysia for 3-5 years. Any new obligations especially of payment by migrant workers should only apply to new migrant workers who have yet to agree to come to Malaysia to work – certainly not to those who are already here and working.

The Malaysian Trade Union Congress (MTUC) and employer groups have been informed that employers will now have to  pay migrant worker levy. This was also mentioned in a media report, which stated, ‘The FMM [Federation of Malaysian Manufacturers] said the government recently informed employers that the levy burden would be shifted back to them. (Star, 2/2/2016).

However, employer groups have started a campaign lobbying the Malaysian government to re-consider, and the Malaysian government has been reported as saying that they may re-consider. There is concern that this re-consideration may not just be about the amount of levy payable, but also the question as to who will have to pay the levy – migrant workers or their employer?

Therefore, we the undersigned

Call on the Malaysian government in the name of justice, to ensure that it must be the employers of migrant workers that should be paying this Migrant Worker levy – not the migrant workers;

Call on the Malaysian government to also reconsider the increase of the levy rate, at this time whilst Malaysia, and especially small Malaysian businesses, are affected by the economic crisis and the effect of the falling Malaysian ringgit.

Call on the Malaysian government to increase the Minimum Wage of all workers in Malaysia to RM1,200 – RM1,500, to compensate for the increased cost of living in Malaysia, and the falling value of the Malaysian ringgit with  reference to the currency in migrant worker’s countries of origin.

Call on the Malaysian government to abolish the ‘contractor for labour’ system, and ensure that all workers that are working in a workplace are all recognised employees of the said workplace, and are treated equally as workers.

Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong


For and on behalf of the 97 organisations, trade unions and groups listed below

ALIRAN
Alternative ASEAN Network on Burma (ALTSEAN-Burma)
Asia Monitor Resource Centre(AMRC)
Asia Floor Wage Alliance
Asia Pacific Forum on Women Law and Development (APWLD)
Association of Human Rights Defenders and Promoters- Myanmar
Asociación de trabajadoras del Hogar a Domicilio y de Maquila, ATRAHDOM, Guatemala, Centro Amercia.
Bangladesh Groep Nederland (Bangladesh Group The Netherlands)
Bangladesh Institute of Labour Studies- BILS
BLAST,  Bangladesh
Boat People SOS (BPSOS)
Building and Wood Workers International (BWI) Asia Pacific Region
Campagna Abiti Puliti – Italy
CARAM Asia
Clean Clothes Campaign International Office(CCC)
Club Employees Union Peninsular Malaysia(CEUPM)
Coalition to Abolish Modern-day Slavery in Asia (CAMSA)
Crispin B. Beltran Resource Center (CBBRC),Philippines
CWI Malaysia (Committee for Workers International)
Defend Job Philippines
Fair – Italy
FAIR ACTION, Sweden
Foundation For Women, Thailand
Garment and Allied Workers Union, India
German Clean Clothes Campaign
Homeworkers Worldwide, United Kingdom
IDEAL (Institute for Development of Alternative Living)
IndustriALL Bangladesh Council (IBC)
Institut Rakyat
International Labor Rights Forum
Jaringan Rakyat Tertindas (JERIT)
Jatio Shromik Federation (JSF), Bangladesh
Karmojibi Nari (KN), Bangladesh
Kesatuan Pekerja-Pekerja Perodua
Kesatuan Sekerja Industri Elektronik Wilayah Selatan, Semenanjung Malaysia (KSIEWSSM)
Knowledge and Rights with Young people through Safer Spaces (KRYSS)
Labour Behind the Label
Labour Studies and Action Centre (CEREAL), Mexico
Legal support for Children and Women (LSCW), Cambodia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Election Observers Network
Malaysian Trades Union Congress (MTUC)
MAP Foundation (Thailand)
MHS Aviation Employees Union
Migrante International
Mission for Migrant Workers
Myanmar Migrants Rights Centre
NAMM (Network of Action for Migrants in Malaysia)
National Garment Workers Federation (NGWF), Bangladesh
National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
National Union of Transport Equipment & Allied Industries Workers (NUTEAW), Malaysia
NLD LA Malaysia
North South Initiative
Oriental Hearts and Mind Study Institute(OHMSI)
Panggau Sarawak
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
Parti Rakyat Malaysia(PRM)
Parti Sosialis Malaysia (PSM)
Pax Romana ICMICA
Peoples Service Organisation (PSO)
Persatuan Sahabat Wanita Selangor (PSWS)
Pertubuhan Angkatan Bahaman, Temerloh, Pahang, Malaysia
PROHAM -Persatuan Promosi Hak Asasi Manusia
Radanar Ayar Rural Development Association, Myanmar
Repórter Brasil
Safety and Rights Society, Bangladesh
Sahabat Rakyat
Schone Kleren Campagne (CCC Netherlands)
SEA Women's Caucus on ASEAN
Solidarity of Cavite Workers (SCW), Philippines
Sramik Nirapotta Forum, Bangladesh
SUARAM
Tenaga National Berhad Junior Officers Union (TNBJOU)
TENAGANITA Women’s Force, Malaysia
Textile Clothing and Footwear Union of Australia
The Collectif Ethique sur létiquette, Clean Clothes Campaign French
Think Centre, Singapore
UNI Global Union
War on Want
WARBE Development Foundation, Bangladesh
WH4C (Workers Hub For Change)
Women Peace Network-Arakan, Myanmar
Women Rehabilitation Center (WOREC), Nepal
Workers Assistance Center, Inc (WAC) , Philippines
Vietnamese Women for Human Rights
Yaung Chi Oo Workers Association-YCOWA
Yayasan Lintas Nusa, Indonesia
IMA Research Foundation, Bangladesh
International Trade Union Confederation(ITUC)
Women's Aid Organisation(WAO), Malaysia
PINAY (The Filipino Women's Organization in Quebec), Canada
Cividep India
Kesatuan Sekerja Industri Elektronik Wilayah Utara Semenanjung Malaysia
Centro Nuovo Modello di Sviluppo – Italy
National Union of Flight Attendants Malaysia (NUFAM)
Pusat KOMAS
Perak Women for Women Society (PWW)

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工委会议决:将徐袖珉除名

人民之友工委会2020年9月27日常月会议针对徐袖珉(英文名: See Siew Min)半年多以来胡闹的问题,议决如下:

鉴于徐袖珉长期以来顽固推行她的“颜色革命”理念和“舔美仇华”思想,蓄意扰乱人民之友一贯以来的“反对霸权主义,反对种族主义”政治立场,阴谋分化甚至瓦解人民之友推动真正民主改革的思想阵地,人民之友工委会经过长时间的考察和验证,在2020年9月27日会议议决;为了明确人民之友创立以来的政治立场以及贯彻人民之友现阶段以及今后的政治主张,必须将徐袖珉从工委会名单上除名,并在人民之友部落格发出通告,以绝后患。

2020年9月27日发布



[ 漫画新解 ]
新冠病毒疫情下的马来西亚
舔美精神患者的状态

年轻一辈人民之友有感而作


注:这“漫画新解”是反映一名自诩“智慧高人一等”而且“精于民主理论”的老姐又再突发奇想地运用她所学会的一丁点“颜色革命”理论和伎俩来征服人民之友队伍里的学弟学妹们的心理状态——她在10多年前曾在队伍里因时时表现自己是超群精英,事事都要别人服从她的意愿而人人“惊而远之”,她因此而被挤出队伍近10年之久。

她在三年前被一名年长工委推介,重新加入人民之友队伍。可是,就在今年年初她又再故态复萌,尤其是在3月以来,不断利用部落格的贴文,任意扭曲而胡说八道。起初,还以“不同意见者”的姿态出现,以博取一些不明就里的队友对她的同情和支持,后来,她发现了她的欺骗伎俩无法得逞之后,索性撤下了假面具,对人民之友一贯的“反对霸权主义、反对种族主义”的政治立场,发出歇斯底里的叫嚣,而暴露她设想人民之友“改旗易帜”的真面目!

尤其是在新冠病毒疫情(COVID-19)课题上,她公然猖狂跟人民之友的政治立场对着干,指责人民之友服务于中国文宣或大中华,是 “中国海外统治部”、“中华小红卫兵”等等等等。她甚至通过强硬粗暴手段擅自把我们的WhatsApp群组名称“Sahabat Rakyat Malaysia”改为“吐槽美国样衰俱乐部”这样的无耻行动也做得出来。她的这种种露骨的表现足以说明了她是一名赤裸裸的“反中仇华”份子。

其实,在我们年轻队友看来,这名嘲讽我们“浪费了20年青春”[人民之友成立至今近20年(2001-9-9迄今)]并想要“拯救我们年轻工委”的这位“徐大姐”,她的思想依然停留在20年前的上个世纪。她初始或许是不自觉接受了“西方民主”和“颜色革命”思想的培养,而如今却是自觉地为维护美国的全球霸权统治而与反对美国霸权支配全球的中国人民和全世界各国(包括马来西亚)人民为敌。她是那么狂妄自大,却是多么幼稚可笑啊!

她所说的“你们浪费了20年青春”正好送回给她和她的跟班,让他们把她的这句话吞到自己的肚子里去!


[ 漫画新解 ]
新冠病毒疫情下的马来西亚
"公知"及其跟班的精神面貌

注:这“漫画新解”是与<人民之友>4月24日转贴的美国政客叫嚣“围剿中国”煽动颠覆各国民间和组织 >(原标题为<当心!爱国队伍里混进了这些奸细……>)这篇文章有关联的。这篇文章作者沈逸所说的“已被欧美政治认同洗脑的‘精神欧美人’”正是马来西亚“公知”及其跟班的精神面貌的另一种写照!




[ 漫画新解 ]
新冠病毒疫情下的马来西亚
"舔美"狗狗的角色

编辑 / 来源:人民之友 / 网络图库

注:这“漫画新解”是与《察网》4月22日刊林爱玥专栏文章<公知与鲁迅之间 隔着整整一个中国 >这篇文章有关联的,这是由于这篇文章所述说的中国公知,很明显是跟这组漫画所描绘的马来西亚的“舔美”狗狗,有着孪生兄弟姐妹的亲密关系。

欲知其中详情,敬请点击、阅读上述文章内容,再理解、品味以下漫画的含义。这篇文章和漫画贴出后,引起激烈反响,有人竟然对号入座,暴跳如雷且发出恐吓,众多读者纷纷叫好且鼓励加油。编辑部特此接受一名网友建议:在显著的布告栏内贴出,方便网友搜索、浏览,以扩大宣传教育效果。谢谢关注!谢谢鼓励!












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