Thursday, November 19, 2009

Defiant Worker


HE IS MY PREDECESSOR and I never seen him to date but I heard a lot about him as our hero from my colleague who is working together with him for 6 months. He returned home land few days before I arrive to this company. We suffered from his defiant actions as a result and we are still happy to learn that he conquer in the battle of his right. He is Geologist from Myanmar and worked as a QS. He could manage to do his assignments well despite he had never experience engineering related jobs before. His strength is able to speak properly and having good knowledge in Computer. He is IT crazy man and doesn't matter to spend in purchasing new gadgets. So his knowledge in IT is better than his local counterparts. He is such a good man.

Since he came from a rich and famous family of Myanmar, he don't need to send back his salary to his family like other Myanmar workers do. He enjoyed spending money in what he loves to do. He is a nephew of current Minister of Foreign Affair at that time. So he has a big ambition as a smart guy and it is the cause of his defiant to foreign employer. After one year in service, he found himself unhappy to continue work in Malaysia and decided to go UK for further studies where his sister is working. His brother is also working in US and usually send him branded jeans that he likes. Sometime his siblings need to support him financially bcz he is not enough with his own money to spend in Malaysia. He is the one who had suffered from accusation by HR manager for having a lot money in his wallet. Please refer to my previous post for detail about this incident.

Being WP workers, we need to make medical check up every year and he reported HR to return home at the end of first year. They, employer, don't want to release him as they realise he is effective and cheap worker compare to his impressive service. So they convince him to continue working and they started to angry when he insist his attention. One day HR manager called him to discuss about his future:

HR: why are you refusing to make medical check up for WP extension?
he: I don't want to work here anymore.
HR: why?
he: I plan to make study at UK and I had been granted by some institutes
HR: you cannot do what you like here, OK
he: why not?
HR: you are supposed to work here for at least 3 years
he: I never knew that and do you have any evidence for that?
HR: It is basic understanding between agent and our company regarding to foreign workers.
he: I'll go back anyway.
HR: I won't let you go legally until you finish 3 years
he: Is there any contract I signed for that 3 years service?
HR: you bullshit, get out of my sight

He realising the situation and started to prepare for possible legal fighting. They included as follow:
1) he secretely keep the time card copies from start to date.
2) he go and meet 1st secretary of Myanmar Embassy and seek for advice
3) he keep working as usual as normal
4) he do his duties regularly

Meanwhile, HR manager takes some considerable actions against him as follow:
1) keep his salary
2) cut staff foods for him
3) keep scoring him everyday
4) do every faints so that he become soft and follow their ways

Since his uncle is current Ministery of Foreign Affair, Myanmar embassy took action immediately legally after asking him necessary data and all unfair treatment to workers. 1st secretary issue one warning document and fax it over to company attention to HR manager and phoned to her directly as well. He pointed out mainly on abusing our workers upon:
1) keeping passport without consent of workers
2) cutting salaries without proper reasons
3) treating workers badly
4) lack of respect upon worker's facilities and utilities

They fought on wire and our 1st secretary issue another legal document and distribute it to all relevant authorities. The company was totally surprised that they never experienced and heard like this immediately action by Myanmar Embassy before. But they never knew who is their defiant worker who is relative to a VIP from Myanmar. After getting a serial fax and teleconversation with our embassy, they realised that they have to release this worker. Otherwise they are going to be fall in trouble and finally they release all keep money and return him without any disturbance. This is 1st ever Myanmar worker who won over this company and we, myanmar workers, are so much happy to learn this story. I even impressed this even though I haven't seen the defiant worker.

The company got a good lesson from this case and they apply this when we arrive KL on few days after defiant worker return home. As a result of this affect, we need to
1) sign on 3 years contract
2)give our thumb-print on the legal documents
3)be taken a witness photo on the signing occasion

I also learn that superiors cannot win at all time even against over their inferiors. And I am grateful to our embassy for taking actions in favour of its citizens. I look forward our embassy keep it's consistency in counselling regardless of rich/poor/famous/unfamous/educated/uneducated/legal/illegal citizens.

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