Xiao Guan had to resort to cooking on a makeshift stove on the roof of the squalid apartment in which he lived. Photo: Chris Sant FournierXiao Guan had to resort to cooking on a makeshift stove on the roof of the squalid apartment in which he lived. Photo: Chris Sant Fournier

Updated - A 29-year-old Chinese kitchen assistant who told his story of abuse and exploitation to this newspaper last Sunday was taken to court today on charges of assault. He pleaded not guilty and was refused bail.

Xiao Guan was arrested on Sunday evening after two Chinese people turned up at the room he was sharing in Marsa demanding he move out.

The Chinese men claimed they owned the apartment – the same squalid room he was given to share when brought to Malta by the owner of a Chinese restaurant.

Mr Xiao was there because he had nowhere else to live. He said he had not been paid for months of work.

The two Chinese turned up for Mr Xiao after The Sunday Times of Malta published his story in the morning. Mr Xiao told the newspaper he was paid only €752 for the hours he worked between April and October 8. He also claimed he had been threatened and assaulted by his boss.

He had no option but to speak out because other Chinese workers were in the same predicament

An exercise carried out by the Employment and Industrial Relations Department showed he should have been paid a minimum of €12,038 for hours he said he had worked. The department is investigating the claim.

When telling his story, Mr Xiao said he was afraid but that he had no option but to speak out because other Chinese workers were in the same predicament.

‘Agitated worker ran after men with knife’

When the two Chinese men came to the apartment it is alleged that an agitated Mr Xiao refused to leave and then chased them with a knife. No one was hurt. Sources said the knife has not been found.

In an affidavit, Mr Xiao claimed that he had resigned from his employment “because my boss beat me physically”. He also filed a police report on the incident.

Born in Dalian, a major city in Liaoning province, Mr Xiao said he came to Malta through an agency in China. When he arrived he managed to procure a Maltese residence and work permit as well as a visa for 50,000 Yuan (€6,900).

On May 15, 2014, Mr Xiao signed a five-year contract to work at a restaurant in Malta. He gave a copy of his contract to the newspaper, although his boss said it had been forged, claiming his employee was paid in cash and had no contract – which is in breach of the law.

Mr Xiao came to Malta through an invitation letter sent by one of the company directors, who stated he would reside in the same Birkirkara address as the director.

Instead, Mr Xiao was given accommodation that consisted of a bedroom he shared with another Chinese worker in an apartment hosting a number of other foreign workers. He had to resort to cooking his meals on a makeshift stove on the roof to avoid making payments for use of the kitchen.

The terms of the agreement provided for a €700 monthly salary for the first two years, increasing to €800 for the next two and reaching €900 for the fifth. A €2,100 guarantee was to be placed by the employee, to be refunded at the end of the fifth year.

Mr Xiao was to work for six days a week, between 11am and 3pm, and from 6pm until closing time. Overtime, when required, was to be compensated by time off. The restaurant owner said the employee had been paid in full and said it was Mr Xiao who was aggressive.

The Times of Malta has been contacted by employers wishing to offer Mr Xiao a job. 

 

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