Police are investigating allegations by a 29-year-old Chinese man who worked as a kitchen assistant at a local restaurant that he was physically abused and not paid his wages.
Xiao Guan, who was employed through an agency in China, showed a copy of his contract to The Sunday Times of Malta which lists conditions that are in breach of employment laws.
He claims to have left his job after not being paid despite working many hours, and insists he was assaulted by his employers.
He showed this newspaper a copy of a police report as well as a sworn statement given to the Employment Relations Department to back up his claims.
“Please help me. I am telling the truth,” he said. “I want to tell all Malta that some of us working for Chinese bosses are abused but afraid to speak out.”
When contacted Police Commissioner Michael Cassar said the case was being investigated.
Mr Xiao – who acquired a visa, residence permit and work permit in Malta – said he paid 50,000 Yuan (€6,900) to the Chinese agency.
He claimed he received €752 for the hours he worked between April and October 8, with no extra pay for overtime and public holidays.
An exercise carried out by the Employment Relations Department showed he should have been paid a minimum of €12,038 for the hours he says he has worked. The department is investigating the claim.
When contacted, the employer denied any abuse and said the worker was paid the agreed amount in cash.
The directors of the company that employed him are all registered as living in the same address, according to the Malta Financial Services Authority’s registry.
EMPLOYER SAYS CHINESE WORKER WAS AGGRESSIVE
A range of other companies owned by different people are also registered at the same address. The company’s auditor is Joseph Sammut, who is currently facing charges of fraud, misappropriation, non-observance of due diligence and forgery.
Mr Xiao was contracted to work 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 monthly salary listed is €700 net for the first two years, going up to €800 for the next two years and reaching €900 in the fifth year. The employer had to pay for his food and accommodation.
A €2,100 guarantee had to be paid by the employee. Levied at €200 a month from the salary, this money was to be refunded at the end of the fifth year.
The apartment where the Chinese worker lived.The contract seen by this newspaper states that both parties had a copy. Yet the employer said the document was forged and that no contract had ever been signed, which in itself is illegal as all employees must have contracts.
Mr Xiao left work after a disagreement with his boss. On October 8, he filed a police report in which he said he had not been paid for five months’ work and that he had no money for food or to meet his daily needs.
In China if he has a tattoo he is a criminal. He is very, very aggressive
He also told police he had been assaulted by his bosses. This allegation was included in the sworn statement given to the Employment Relations Department.
However, the employer said it was Mr Xiao who was aggressive: “He has tattoos. In China if he has a tattoo he is a criminal. He is very, very aggressive.”
Mr Xiao lived in squalor even though the invitation letter sent to the authorities stated he would be living with his employer.
Instead, the accommodation he was given consisted of a bedroom he shared with another Chinese worker in a Marsa apartment hosting another four Chinese and an African.
The use of the apartment’s kitchen was against payment, according to Mr Xiao, forcing him to cook his meals on a makeshift stove.
However, the employer said Mr Xiao was not up to the job and had been conned by the agency in China that sent him.
Neither employer nor Mr Xiao would name the agency.
The employer said he “knew” Identity Malta was looking for Mr Xiao and that he had also reported the employee to the immigration authorities since his employment had been terminated.
caroline.muscat@timesofmalta.com