00:00 "I would like to say that today's meeting was very successful with the seven papers
00:07 that have been submitted as stated by Dato' Sri, the Minister of Home Affairs.
00:15 Among them are the management of foreign workers, issues of control, issues to avoid the neglect
00:22 of workers, rights of workers and so on.
00:26 Our position in the Ministry of Human Resources is clear.
00:30 That if foreign workers are recruited to our country, it is to support and support
00:37 the local businesses in Malaysia and not as a business.
00:43 We are very clear that the hiring of foreign labour in Malaysia is to support our businesses
00:49 here in Malaysia and not to be seen as a business in itself.
00:53 That is our position.
00:55 We have also put forward a more systematic SOP process to deal with issues such as those
01:04 that arose in Pengerang last December, using three Cs.
01:11 One is C for current.
01:15 That is, when there is a job loss or a crime in a case like in Pengerang, what needs to
01:21 be done, the action must be immediately carried out.
01:24 I will explain that later.
01:25 I will give a report on what happened in Pengerang.
01:28 The second is for the same employer, the crime, incoming, the incoming quota that has not
01:36 yet entered, we will freeze it.
01:39 We will freeze it, we will stop it.
01:41 The third is as a cautionary step, the third C, we will blacklist the crime.
01:49 For the case in Pengerang, I want to report that so far the Johor State Employment Office
01:57 has prepared 13 investigations papers on five employers related to crimes and misconduct
02:06 under Article 446, the Minimum Standard of Housing, Accommodation and Employment.
02:14 These investigations will be submitted by the Supreme Court tomorrow, 17 January, and
02:21 the proceedings will be taken after the Supreme Court has submitted them.
02:27 In addition, more than 751 employees, foreigners and Bangladeshi citizens have filed cases
02:38 to request a salary increase, which totals Rp 2.21 million, under Section 69 of the Employment
02:50 Act.
02:51 The application for a case has been submitted to the Director of the company, and the date
02:58 of the case has been set for 5 February.
03:02 Usually, we will call for the case to be submitted to the Supreme Court, but this time we will
03:10 do it in Pengerang, given the ability of the foreigners to come to Kuala Lumpur.
03:18 In this case, we have also set up a Human Resources Administration in terms of salary and
03:28 income. Our position is that foreigners who come to Malaysia are not paid by employers
03:39 on the grounds that there is no work to be done, even though the workers are willing to
03:46 work.
03:47 For example, as what happened in Pengerang, our position is that this is a serious mistake,
03:54 that as long as the workers are entitled to their salaries, even though there is no work
04:02 to be done, in accordance with the provisions of the case law, which has been mentioned in
04:12 the court ruling, etc.
04:15 It is our position that after this, the Human Resources Administration, on the first basis,
04:25 we will assume that the workers who come to Malaysia are obliged to be paid, whether
04:33 there is work or not, in accordance with what I said earlier, the work certificate and
04:38 also the judgment in the law related to this issue.
04:43 The judgment that was mentioned was the judgment of the High Court of the Indian Republic
04:49 in 2016, Judge Azizah Nawawi, regarding a case that was raised by undocumented workers.
04:55 And the case was then brought to the Court of Appeal and also admitted the decision.
05:01 So that is one of the things that is the basis that was pointed out by you.
05:07 One more issue that is of public concern that has been raised is about piercing the corporate
05:14 will.
05:15 There are many who are concerned that the action is taken only on the company, the company
05:22 entity.
05:23 But in this aspect, we will use the provisions of Section 101B, the Labor Act, to pierce
05:30 the corporate will, which is an action that is also introduced to the directors and managers
05:36 of the company, and not only to the company as an entity corporates.
05:41 Thank you.
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