Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group The Commission reiterates it recommendations in its Annual Reports 2011 and 2012 to the police force on the issues of physical contact during arrest, interrogation and the overall treatment of those arrested. The Commission has noted the police force’s response to the Annual Report 2011 – that they are taking steps to install close-circuit television cameras (CCTVs) in interrogation rooms to ensure transparency and accountability by police officers. However, the police said the number of rooms installed with CCTVs is small, compared to needs at the district and contingent levels. On the Commission’s recommendation that every detainee should be examined by a medical officer before and after an interview/interrogation session, the police said they have been working with hospitals on this. However, due to the shortage of medical officers, the Ministry of Health has been unable to provide personnel, especially to police stations located far from hospitals. The police reiterated that delays in investigations could hamper their performance and could be life threatening to victims in cases like kidnap. (c) Right of Workers/Migrant Workers A total of 45 complaints relating to employment were received from Malaysians and migrant workers. The issue of wages topped the list, with workers claiming they had not been paid or that their wages had been reduced. Also prominent were cases of unlawful dismissal, annual leave not being granted, and failure of employers to remit employees’ contributions to the Employees Provident Fund after deductions were made from their salary. There were also complaints of alleged mistreatment at the workplace and lack of compensation for affected workers. In most cases, the Commission sought the assistance of the Labour Department in resolving the complaints. In its Annual Report 2011, the Commission recommended that migrant workers be provided with a special pass to allow them to continue working if there was a case pending in court, and that the pass be issued free of charge. The Government has responded that all migrant workers hold a Pas Lawatan Kerja Sementara which is provided annually upon renewal of the levy. As such, no other pass is required by migrant workers who wish to continue working until the disposal of their court case. The Commission received complaints on alleged union-busting activities by employers. The National Union of Banking Employees (NUBE) questioned the move by Malayan Banking Bhd (MayBank) to establish an in-house union, which was deemed a way of weakening the national union. The NUBE has also challenged the matter in the court. The Malaysian Trade Union Congress and NUBE lodged a complaint to the Commission that the Minister of Human Resources had reported to the International Labour Organisation in 2011 that the decision of the Director-General of Trade Unions (DGTU) to register the in-house union was valid and within the power of the DGTU as per the decision of the High Court. However, the High Court had delivered its judgment in favour of the DGTU only in November 2013. Therefore, there were questions as to how the Minister had communicated a decision in 2011. This prompted NUBE to allege that the Minister had influenced the court in its decision. 45