| The Shah Alam High Court has yet again deferred its decision on whether an undocumented worker has the right to claim over four years of unpaid wages.on March 6, 2019 by the same court to defer its decision and set April 15 as the decision date, which was also deferred to a decision date on June 17, 2019.On June 17, for the first time since the case was filed almost a year ago, the proceedings were held in an open court. Previously all proceedings were held in chambers.
Simply put, a litigant can seek justice to enforce her rights only through the courts, but if the courts deny the rights of an employee who had served the employer, solely on the ground that she is an undocumented worker, the worker is left without any means to seek justice. Nona should not be faulted for not having her permit; it is the responsibility of the employer to obtain the necessary documentation.
However it was pointed out that Clause 1 of the same act states that “..any person found performing any act normally performed by an employee …shall be deemed to have been employed under a contract of service by the employer.”