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NEWS ALERT:     Federal Court rules Zambry is rightful MB of Perak, dismisses Nizar's appeal              NEWS ALERT:    Anwar sodomy trial postponed to tomorrow; defence to file a response to prosecution's affidavit-in-reply to Anwar's recusal application                        NEWS ALERT:      Najib: All quarters should accept Federal Court decision and stop politicising issue; concentrate on working for the people of Perak

Wed, 10 Feb 2010
Columnists :: Freespace
Work bites: Law of the jungle
by Daniel Chandra Nayagam

WHEN I initially swiped my access card from room to room at a former employer’s office, I never gave it a second thought. It was only at the end of my first month that I discovered that the head office in Singapore knew exactly where I was and how long I was there at any time. Some delinquent employees were asked, "Why so long in the loo?"

Many employers scrutinise their employees’ every move and take them to task when a second or two of company time is underused. Although this may not be practised by all employers, it’s fast becoming a trend.

Now, it has been reported that employees of two logging companies have sexually abused Penan women in Sarawak. The Bruno Manser Fonds (BMF) reported, "Penan women from the Middle Baram area of Sarawak are launching a cry of alarm to the international community over cases of sexual abuse by logging company workers in the East Malaysian state’s rainforests."

According to initial news reports, officials from both companies were unaware of these matters. So while some employers know their workers every move, others claim they do not know when their employees might have committed criminal acts.

I suppose it might be unfair for a "regular" kind of employer to keep tabs on their workers, especially after working hours. And of course, no one is saying anyone is guilty of anything. But to mitigate against damage to their business reputations, surely corporations, especially those with workers in remote areas, should have a system to monitor the happenings at their satellite arms?

Interhill Logging and Samling were named in reports in relation to the allegations. Samling’s Cheryl Yong said, "Such events are criminal and will not be tolerated because we do not condone any illegal act by employees... Any victim of criminal acts should lodge their complaints directly to the police."

Interhill’s representative, identified as "Mr Kiu", admitted that so far they had no information on the matter, and that this could be because of the bad infrastructure in the interior, which has caused infrequent communication between the camp and the headquarters.

Plausible.

But let’s face it. Some businesses are larger, richer and more powerful than many nations. But unlike countries, businesses only send out their workers to gain revenue for them. So why shouldn’t they be held accountable?

It appears that media coverage has caused investigations into the allegations made, not only by Suhakam and the Sarawak police, but also by the Women, Family and Community Development Ministry. Its minister, Datuk Ng Yen Yen, said, "Companies cannot say that the behaviour of their workers is beyond them."

Indeed. But if any culpability is found during these investigations, I wonder if any would be apportioned to the companies, and not just to the employees. Bar Council president Ambiga Sreenevasan said that companies could be called to act against employees found guilty of crimes, but Malaysia has no laws that provide for the companies themselves to be punished for employees’ crimes outside business hours and premises.

Unfair but true. While these workers were most likely placed there by the companies, the companies are not answerable to any law, and later could just replace offending workers (if any) with new ones.

As many Malaysians push for greater accountability of their leaders, we shouldn’t forget corporate accountability either. And by this, I’m not just talking about responsibility to the shareholders, but also to their employees, their creditors and all stakeholders, which includes the environment.

The most recent on the Penans is a blockade staged against Interhill in Middle Baram, ostensibly to prevent the destruction of their last remaining rainforests.

Perhaps, this is the only reason for the blockade. Or just possibly (for I am known to be whimsical), it might be also to protect their women from further indignities.

Daniel freelances in writing and publishing, and has a deep passion for sleeping, eating and labour law. He can be reached at workbitez.blogspot.com.


Updated: 10:11AM Wed, 15 Oct 2008
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