Unpaid wages of migrant workers
Unpaid wages of migrant workers
V.K. Chin, The Star, Asia News Network, Selangor, Malaysia
It is indeed commendable that the Indonesian government has
taken up the cause of its nationals whose wages have yet to be
paid by their employers who are taking advantage of the fact that
the workers are illegals.
Jakarta has engaged a battery of lawyers to represent the
workers to claim their salaries from their bosses. However,
Jakarta has softened its position somewhat and will only initiate
court action as a last resort.
This is of course a noble gesture but Malaysians can only hope
that there is no other agenda attached to this latest
development. This is certainly a change from its normal behavior
where previous administrations had paid scant attention to the
fate of their citizens who are working overseas.
The republic's new president Susilo Bambang Yudhoyono is
facing many domestic problems -- political, economic and social
-- and that the latest Indonesian move to protect the interest of
its workers is not meant to be a diversion.
When faced with internal difficulties, many governments have
tried to distract their people's attention by focusing on foreign
issues. Jakarta is sure that its latest move will grab the
attention of its mass media for many days to come.
What is of concern to Kuala Lumpur is that the whole episode
might be blown out of proportion, which could sour the close ties
between the two countries. This is possible if Indonesian
newspapers, television and radio stations should sensationalize
the misdeeds of a few Malaysian employers.
It is up to the court to decide on whether illegal immigrants
could sue for their unpaid wages. Many people will expect workers
to be paid for their work, irrespective of their status.
But this is something the court will have to decide if the
Indonesian government should carry out its intention to take this
course of action. If the court should decide that illegal
immigrants were not entitled to make such claims, it could lead
to some adverse consequences.
If the decision should go against the workers, it is quite
unlikely that the Indonesian media and other non-governmental
organizations would accept such a verdict and they might blame
the Malaysian government for it.
These Indonesian groups would expect the Malaysian government
to intervene but then the courts here are independent and
therefore could make their own decisions on such matters.
As for the use of the whip on employers found guilty of
employing illegal immigrants, this is also a court decision and
therefore out of the government's control. To ensure this
punishment, the government will need to make whipping mandatory
for those employers found guilty of this offense.
So long as it is not mandatory, the court will have the
discretion of imposing a fine, jail, whipping or mete out all
these forms of punishment at one go. Other governments must
appreciate that the rule of law and the independence of the
judiciary are very much a part of our system.
Though the Barisan Nasional government had the support of 90
percent of the voters in last year's elections, it would never
contemplate manipulating the judiciary for any reason whatsoever.
Public opinion will surely be against such an inappropriate
action.
If Indonesia should expect the Abdullah administration to
interfere with the judicial process in Jakarta's favor, then it
should perish this thought as it is not going to happen. Period.