Press Release By The Malaysian Trades Union Congress, Penang Division - The Death Of Yam Narayan Chaudhary And The Underlying Issues.
Yam Narayan Chaudhary, in our view, is a victim of the unacceptable working conditions under which migrant workers toil to eke out a living. Prolonged hours of work, coupled with a neglect of decent living conditions, thus, exposing migrant workers not only to infection of the Covid-19 virus but other communicable infections, probably, has to be the underlying factor for his death.
He was employed as a security guard in Top Glove. It has been reported that, due to the absence of thermal scanners, security guards, like the late Yam Narayan Chaudhary, had their work load increased. Without speculating, as to why the lack of thermal scanners, we are inclined to conclude that the company had neglected it's duty of care in the matter.
Having registered the single largest Covid-19 cluster, the Teratai cluster that has been attributed to cramped dormitories, it would have been expected of the company to implement all reasonable precautionary measures to mitigate the impact of the Covid-19 pandemic. Sadly, that seems to be the down side in the circumstances.
According to the Director-General of the Ministry Of Health, Yam Narayan Chaudhary, was brought to the hospital with category 4-5 condition described as pneumonia with lung fibrosis. On this issue what needs to be addressed is why such an inordinate delay in sending him for medical attention? It is our view that the company has to be held accountable on the issue as they are vicariously liable in the matter.
It may well be argued that the death, of Yam Narayan Chaudhary, is an isolated case but to us it is a wake-up call for all employers. Employers, so much as they are in pursuit of enhancing out-put, cannot abrogate their responsibilities in providing a safe system of work. And, by extension, conducive living conditions as dictated by internationally accepted standards and the Workers' Minimum Standards Of Housing And Amenities Act, 1990.
Migrant workers' activist, trade unions and concerned civil society organisations have been advocating for fair wages, safe working conditions and decent housing of workers, even before the advent of the Covid-19 pandemic. That legitimate demands were never heeded by the government or the employers. On the contrary such advocates were tagged as "trouble makers"! Having regards to the prevailing state of affairs such advocacy was never misplaced!
It is, thus, our demand that both the government and employers discard the primitive notion that workers are a mere component of the means of production. It is also our contention that workers should not be "dehumanised" on account of maximising profits unless both the government, and employers, elect to stand accused of being modern day slave masters!
To the family of Yam Narayan Chaudhary MTUC Penang Division extends our heartfelt condolences. May his soul rest in peace in the arms of God almighty.
K. Veeriah
Secretary
MTUC Penang Division
016 4184520
17.12.2020