US tyre maker Goodyear accused of labour abuses in Malaysia

KUALA LUMPUR • American tyre manufacturer Goodyear Tire & Rubber is facing accusations of unpaid wages, unlawful overtime and threats to foreign workers at its Malaysian factory, according to court documents and complaints filed by workers.

Six foreign current and former workers, and officials with Malaysia's labour department, said Goodyear made wrongful salary deductions, required excessive hours and denied workers full access to their passports.

The department confirmed it had fined Goodyear last year for overworking and underpaying foreign employees. One former worker said the company illegally kept his passport, showing Reuters an acknowledgement letter he signed in January last year upon getting it back eight years after he started working at Goodyear.

The allegations initially surfaced when 185 foreign workers filed three complaints against Goodyear Malaysia in the country's industrial court, two in 2019 and one last year, over non-compliance with a collective labour agreement. The workers alleged the company was not giving them shift allowances, annual bonuses and pay increases even though these benefits were available to the local staff, who are represented by a labour union.

The court ruled in favour of the foreign workers in two of the cases last year, saying they were entitled to the same rights as Malaysian employees, according to copies of the judgment on the court's website. Goodyear was ordered to pay back wages and comply with the collective agreement, according to the judgment and the workers' lawyer.

About 150 worker payslips, which the lawyer said were submitted to the court as evidence of unpaid wages, showed some migrants working as many as 229 hours a month in overtime, exceeding the Malaysian limit of 104 hours.

The foreign workers are claiming about RM5 million (S$1.6 million) in unpaid wages, said their lawyer, Mr Chandra Segaran Rajandran. The workers are from Nepal, Myanmar and India.

"They are put in a situation where they are being denied their full rights as what is provided for (by law)," he said, adding that it amounted to discrimination.

Goodyear, one of the world's largest tyre makers, has challenged both verdicts at the High Court. The appeal decision is expected on July 26. The verdict for the third case, over the same issues, is due in the coming weeks.

Goodyear declined to comment on any of the allegations, citing the court process. According to the court ruling last year, Goodyear Malaysia argued that foreign workers are not entitled to the benefits of the collective agreement because they are not union members.

According to the ruling, a union representative testified that foreign workers are eligible to join and are entitled to the benefits in the collective agreement even if they are not members. The court agreed that the foreign workers' job scope entitled them to those benefits.

Goodyear told Reuters it has strong policies and practices relating to and protecting human rights.

"We take seriously any allegations of improper behaviour relating to our associates, operations and supply chain," a representative said.

The union did not comment on the workers' complaints.

Goodyear's Malaysia operation is jointly owned by the country's largest fund manager, Permodalan Nasional Berhad, which directed queries to Goodyear.

Workers said they faced intimidation after they filed the lawsuits. Goodyear declined to comment.

Malaysia's labour department said it had investigated and charged Goodyear last year over nine violations of labour laws, unrelated to the lawsuits, regarding excessive hours and wrongful salary deductions. It fined Goodyear RM41,500 (S$13,300), it said.

REUTERS