Xiao Guan may remain in jail for another week until his case is assigned to a magistrate. He does not speak English and has no family or money. Photo: Chris Sant Fournier

A 29-year-old Chinese kitchen assistant whose reports of employment abuse to the authorities were highlighted by this newspaper has spent the week in jail.

Xiao Guan was charged with assault on Tuesday after two Chinese men last Sunday – on the same day as the report – turned up at the apartment where he was staying and demanded that he leave.

One of the men – Penghcheng Zhang – is a company director of Seoul Garden Company Limited, which employed Mr Xiao who worked at Wasabi Sushi Express at the Valletta Waterfront.

The men alleged they “feared” violence would be used against them and their property and reported the matter to the police, who subsequently issued charges against Mr Xiao for carrying “a knife or pointed instrument” outside of the property .

Sources told this newspaper that this knife has not been found and no one was injured in the alleged incident. It is understood that the police have also requested a protection order in favour of the employers.

The Sunday Times of Malta revealed last week that Mr Xiao came to Malta through a Chinese agency but claimed his employers had not paid him in full in reports filed with police and the Department of Industrial and Employment Relations.

When Mr Xiao told this newspaper his story he also said he feared for his life but wanted to speak up because he claimed other Chinese employees were in a similar situation.

The charges could lead to Mr Xiao being deported

The company’s auditor is Joseph Sammut, currently facing charges of fraud, misappropriation, non-observance of due diligence and forgery.

Mr Xiao’s reports to the authorities claim he was paid €752 for the hours he worked between April and October 8, when calculations by the department show he should have been paid €12,038.

When this newspaper asked his employer for a reaction, he said Mr Xiao had been paid the money he was owed in cash.

He also denied the existence of any contract of employment and said that a signed contract shown by Mr Xiao to The Sunday Times of Malta must have been forged.

Employing workers without a contract is in breach of the law, while salaries and social security contributions should be registered through a payslip.

The department was informed about the situation earlier this month by Mr Xiao, after being referred by the police, and the department launched an investigation. However, questions sent to the department last Tuesday on what action had been taken remained unanswered.

The police have also failed to say what action has been taken in light of the report filed by Mr Xiao on October 8 claiming he had been assaulted by his employer.

The employer has denied the allegation and claimed it was the employee who had been aggressive.

Since arriving in Malta, Mr Xiao has been living in a squalid room at an apartment in Marsa which he shared with other foreign workers.

The invitation letter submitted by the company to the authorities for a work permit had stated Mr Xiao would be living at a director’s office in Birkirkara.

Lawyers said the charges could lead to Mr Xiao being deported, which would mean he would not be able to pursue his claims.

Mr Xiao can remain in jail for another week until his case is assigned to a magistrate. He does not speak English and has no family or money.

Several people called this newspaper to offer Mr Xiao employment since the story appeared last Sunday.

caroline.muscat@timesofmalta.com

In a statement today, Moviment Graffitti said that view of such serious allegations, the police should have investigated and proceeded with a court case against the employers.

"There should be zero tolerance to workers’ exploitation and abuse. Cases of workers being exploited and abused are much more widespread than is let on.

"Workers’ rights can only be safeguarded if authorities take allegations of exploitation seriously and provide the necessary protection to the victims," it said.