Six cleaners in Kelantan, including a worker with a learning disability, have successfully won a lawsuit against their employer for failing to pay them the mandatory minimum wage.
The High Court ordered the cleaning company to settle the remaining RM28,500 owed to the workers.
The judgment was delivered by High Court Judge Shamsul Bahrin Abdul Manaf on Thursday after the company attempted to overturn an earlier ruling by the Kota Bharu Labour Office.
According to Sinar Harian, the appeal was dismissed because the company did not comply with the 2022 Minimum Wage Order of RM1,500.
During the hearing, the company argued that the Kelantan State Secretary’s Office (SUK) should be responsible for the wages since it was the place where the workers were stationed between May 2022 and July 2023.
However, the judge rejected this argument, explaining that the company itself hired and assigned the workers, which meant all responsibilities under labour law remained with the company.
Court says workers’ “no claim” agreement is invalid
The company also relied on a signed agreement where workers supposedly agreed not to claim the minimum wage.
The court quickly dismissed this. It ruled that any agreement that attempts to waive legal wage rights is invalid because it contradicts statutory protection.
Shamsul Bahrin noted that the Minimum Wage Order was created to provide maximum protection for workers and must take precedence over such agreements.
Initially, 15 workers filed a labour claim at the Kota Bharu Labour Office on 15 May 2024. As the case progressed, only six workers came forward to testify. These six eventually won the full RM28,500 owed.
They were identified as:
• Zuhaida Daud
• Mohamad Safuan Zakaria, a worker with learning disabilities
• Sharifah Mohammad
• Mahani Daud
• Mohd Hafizi Mohd Arshad
• Muhammad Nasharudin Samsudin
Company appealed but lost again
Unhappy with the Labour Office’s decision, the employer took the matter to the High Court. The appeal ended with the same outcome. The company was again found responsible for violating minimum wage laws.
The workers were represented by Nik Saiful Adli Burhan, while the company was represented by Muhammad Habil Zainal Abidin.
With the latest decision, the employer is now legally required to pay the remaining RM28,500 to all six former employees.
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