Bangladeshis in Malaysia: Cops after workers, not rogue employers

Malaysian police have been prosecuting Bangladesh migrant workers instead of the employers who have confiscated the workers' passports and failed to provide them with jobs and salaries, alleged the Malaysian Socialist Party (PSM).

In a letter to Malaysian Attorney General (AG) Datuk Ahmed Terrirudin bin Mohd Salleh on April 3, PSM's Deputy Chairman S Arutchelvan wrote that despite complaints to the police and the Human Resources Department, filed by the migrants and the PSM, no action has been taken against the employers.

"Instead, police are now investigating fake complaints made by the employers against the workers," the letter read.

Meanwhile, an employing company Beaks Construction and its subsidiary Suria Harmoni filed a defamation case against the PSM and a Malaysian online news portal Malaysiakini on April 5, claiming that the allegations against them were untrue, said PSM Labour Bureau Head Sivaranjani Manickam.

"We will continue to fight legally," she told The Daily Star yesterday.

According to the letter to the AG, six Bangladeshi workers filed a complaint to the police on March 12, alleging that Beaks Construction Sdn Bhd hasnot only confiscated their passports but has not provided them with jobs or salaries as promised.

Another 161 filed similar complaints.

On March 20, 42 workers employed by Suria Harmoni Resources Sdn Bhd and eight others by Beaks Construction Sdn Bhd made similar police complaints.

Meanwhile, Malaysian police on March 21 had detained three Bangladeshi workers allegedly for a "clash within the workers" in their hostel at Kuala Lumpur's Chow Kit area.

PSM Labour Bureau Head Sivaranjani said a migrant worker close to the employer, upon directives, urged the others to withdraw the complaints they made to police and the labour department but they refused.

The employer then filed a case against three of them. PSM, however, had them released from police detention and filed a complaint questioning the motive behind the employer's case.

Meanwhile, PSM Deputy Chairman S Arutchelvan said Petaling Jaya Police told news portal Malaysiakini that it would not investigate the police complaints filed by the Bangladeshi workers but would instead refer those to the human resources ministry.

"We are saddened that our various complaints against the employers have not led to any prosecution despite the obvious criminal elements. Is this a two-degree issue?" he asked in the letter.

"When our police complaint is referred to the labour office, the employer's complaint leads to prosecution."

The PSM leader questioned how police could comfortably refer the matters within its jurisdiction to the labour department.

Meanwhile, he said the employers have also taken signatures of the workers on blank papers and taken videos.

"They [the workers] are now concerned those documents will be used to make untrue claims against them."

He urged the AG to take action ensuring that police stop prosecuting the workers until an independent investigation is carried out.

"I believe the relations between the police and the employers are too close and suspicious … We [PSM] call for action against the employers, who appear to be immune."

According to migration researchers, Suria Harmoni and Beaks Construction recruited several hundred Bangladeshi workers in the middle of last year. However, the workers are yet to get jobs or salaries, while their passports have been held by their employers.

Migrant rights advocate Andy Hall said, "There are numerous cases similar to this [in Malaysia]."

Andy Hall is migrant worker and labour rights activist and researcher, currently based in Nepal, who focuses on labour rights issues in South East Asia.

Since late 2022, more than 400,000 Bangladeshi workers were recruited by Malaysia, which is home to a total of about 800,000 Bangladeshis.

Independent researchers said each of the workers paid Tk 470,000-Tk 500,000 to work in Malaysia. However, between 1-2 lakh Bangladeshis are still jobless, underpaid or unpaid and indebted.