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PETALING JAYA: Brightway Holdings and two of its subsidiaries in Selangor will face 30 charges in court for alleged crimes under the Minimum Standards of Housing and Services for Workers Act of 1990 (Law 446), says the Ministry of Human Resources.
The ministry said that the Peninsular Malaysia Department of Labor was in the process of completing investigative documents and filing 22 charges against Brightway and its Klang-based subsidiary Biopro (M) Sdn Bhd.
Its affiliate, La Glove (M) Sdn Bhd in Kajang, will face up to eight charges under the same law, the ministry added.
“Among the offenses is the failure by the employer to obtain a Certificate of Accommodation from the general director of the department under Section 24D of Law 446.
“There is also a violation of the regulations of Law 446 that involve the provision of facilities that do not meet the minimum specifications established,” he said yesterday in a statement.
If found guilty, the company can be fined up to RM50,000 for each offense.
“All investigative papers are in the final stages of preparation before being presented to the Deputy Prosecutor,” the ministry added.
He also pointed out that the 1,000 RM compound delivered to the company by the Klang District Health Office was for violation of the Infectious Disease Prevention and Control Act of 1988.
“The action was not related to the application of Law 446 under the jurisdiction of the department.
“The ministry will not commit itself to any infraction or non-compliance with Law 446 and its regulations,” he said.
The ministry called on employers and accommodation providers who have not yet applied for a Certificate of Accommodation to do so immediately to avoid legal action against them.
The statement indicated that the ministry, through the department, had conducted operations at Brightway and its subsidiaries, La Grove in Kajang on December 21 and Biopro in Klang on December 24, in connection with the application of Law 446.
Biopro was fined 1,000 RM for failing to comply with Covid-19 preventive measures and providing seemingly precarious living conditions for workers.
During the La Grove raid, its workers were allegedly found to be living in dirty, narrow shipping containers stacked behind the facility. Brightway later issued a statement to deny this. Following the denial, Human Resources Minister Datuk Seri M. Saravanan said the ministry had enough evidence to enforce the law.
On Saturday, Petaling Jaya MP Maria Chin Abdullah called for an effective monitoring system and dissuasive sanctions in view of the high number of Covid-19 cases reported daily.
He criticized the “meager RM 1,000 fine” issued to the glove factory in Klang for disobeying the standard operating procedure imposed by the authorities to reduce the risk of transmission of Covid-19.
In a statement on Facebook, María pointed out the disparity in the actions taken against different factories for similar crimes.
“The fine for violators is intended to be a deterrent and it is important to classify it according to the severity of the offense, and according to the law it could be up to RM10,000,” he added.
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