Compensation a must for foreign workers, say groups

PETALING JAYA: A bomb left over from World War II exploded at the MRT construction site in Bandar Malaysia. Three Bangladeshi workers were injured and within a week, all of them died.

Tonnes of laterite earth came sliding down a slope at a construction site in Penang, burying 11 people. Ten of them were foreign workers from Bangladesh, Myanmar, Indonesia and Pakistan.

Days later, also in Penang, two factory buses crashed into each other, leaving eight dead and 33 injured. All but one of the dead were foreigners.

They were just a few among the hundreds of thousands of foreign labourers who come to Malaysia to earn a living, taking on jobs labelled “3D” – dirty, dangerous and difficult. Often, they are the sole breadwinner for their families.

However, when they die in Malaysia, there is little said about what happens to their families back home.

Having lost their loved ones and source of income, they are in dire straits.

What are the lives of their loved ones worth?

“Very little,” said Tenaganita director Aegile Fernandez, who said companies must go “above and beyond” insurance coverage to compensate workers who get injured or killed.

“It is very sad because, whether you have a work permit or not, you are still working for the company. I think every worker should be given compensation and insurance coverage whether they are documented or not.”

Fernandez said compensation for death or disability under the Workmen’s Compensation Act (WCA) 1952 is “a very small sum”.

Malaysian Employers Federation executive director Datuk Shamsuddin Bardan said WCA covers compensation for legal foreign workers in Malaysia.

He said the maximum compensation for loss of life is RM23,000 under the Act, while compensation for loss of limbs would be determined by the extent of the injuries.

“We must understand that under the WCA, the premium is fully paid by the company at no cost to the employee, whereas with the Social Security Organisation (for Malay­sians), it is a contribution from both the employee and employer,” he said.

Fernandez said that as the Bandar Malaysia incident did not happen at the workplace, and was caused by an old bomb, compensation could be vague.

“But it is still a loss of life and families must still be compensated because they (their breadwinner) can’t work anymore,” she said, adding that foreign workers who survive their injuries and are sent back home should also be given the necessary support apparatus.

“For example, a wheelchair – if they need it. Getting equipment like a wheelchair is difficult and expensive in Bangladesh.”

Tenaganita, which specialises in cases involving migrant workers, revealed that from 2015 to this year, it handled 16 cases of workplace accidents that included three fatalities. And of the three, it only managed to get compensation for one worker.

Shamsuddin said the plight of illegal foreign workers remains a tough one, and they are “very vulnerable” because they are not covered by any insurance policy.

“The companies that hire them are unlikely to take separate insurance, and insurance companies would not want to insure illegal workers,” he said.

He added that from the industry’s point of view, the authorities need to consider making legal foreign workers easily accessible and employable so that there would not be any reason for companies to resort to hiring illegals.

Human Rights Commission of Malaysia chairman Tan Sri Razali Ismail said construction and low-skilled migrant workers are among the most vulnerable to exploitation and abuse because of irresponsible or negligent labour practices.

The indifference of some parties involved also results in migrant workers being treated badly.

“While engaged in hazardous work in the construction industry, workers who face high rates of injury and death have little assurance that their employers will cover their medical needs,” he said.

“Compensation for death and loss of life must immediately be made available to victims’ families without the process being stressful or demeaning.”

Razali said developers, the Government and other relevant parties must make available all risk assessments made for development and construction projects.

Given that the victims are far from their homeland, embassies and High Commissions play a crucial role in providing support for their nationals.

Bangladesh High Commission in Kuala Lumpur labour counsellor Sayedul Islam is reported to have said that as soon as the Bangladeshi victims are identified, the High Commission will make arrangements to send the bodies home.

He said subsequently, they will try to secure compensation.

With so much red tape involved, and the families of the dead workers thousands of kilometres away, it remains to be seen if or when proper compensation will be made.