LETTER | It is extremely disheartening to see the recent video on social media which had gone viral involving a Nepali security guard on uniform, presumably while on duty and at the workplace, being beaten thus, reflecting what is termed as "modern-day slavery".
Migrant workers, especially the blue collared workers are sometimes abused either by the employer or by the employer’s clients or customers. This is presumably because the perpetrator knew that these workers need the job and cannot afford to go back to his/her country or even find another job.
In fact, many migrant workers are either unfamiliar with the criminal justice system of the host country or could not afford to hire a legal practitioner to enforce their rights as workers.
Taking advantage of their upper hand, some employers compel these workers to work under terrible conditions and some are subjected to deplorable living conditions.
As labour is not and should not be treated as a commodity, no employer is allowed to treat workers, irrespective whether local or migrant, as an expendable chattel or an object without any feelings and emotions. Slavery and forced or compulsory labour is prohibited by the Federal Constitution and the Penal Code.
Hence, all forms of exploitation and abusive practices against workers in the workplace should not be condoned. An employer who physically abused or ill-treated their workers should be prosecuted pursuant to the Penal Code and punished, if found guilty.
It must not be forgotten that an employer has a common law obligation to ensure workers’ safety and health in the workplace.
Assuming the physical abuse of the Nepali security guard occurred in the workplace, the employer would be liable for breach of the above duty, even if the perpetrator happens to be a non-customer of the employer.
This is because the incident happened at the workplace and it involves the worker on duty, thus, it is reasonably foreseeable for such incidents to occur, unless of course adequate measures have been taken by the employer to ensure the safety of their workers is not compromised.
Since laws protecting workers against exploitation are adequate, what is urgently required is its vigorous enforcement, taking immediate remedial actions against exploitation and putting to rest their ordeal without any inordinate delay.
Incidents of exploitation of migrant workers undoubtedly tarnish the good image of the host country besides creating unnecessary tension with the country supplying these workers.
It is an undeniable fact that migrant workers have contributed enormously to the development of this country, especially in the construction industries or sites where the buildings and highways would never have been completed within the required time except for the hard labour of these workers.
ASHGAR ALI ALI MOHAMED is a law professor at the International Islamic University Malaysia (IIUM).
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
