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Labour Ordinance of Sarawak (Amendment) Act 2025 is Malaysia Amendment Act, cited as Amendment Act A1754 2025, currently marked in force and first recorded in 2025.
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LABOUR ORDINANCE OF SARAWAK (AMENDMENT)
ACT 2025
Date of Royal Assent
...
...
20 March 2025
Date of publication in the
...
...
14 April 2025
Gazette
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Labour Ordinance of Sarawak (Amendment)
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LABOUR ORDINANCE OF SARAWAK (AMENDMENT)
ACT 2025
Opening note
This Act may be cited as the Labour Ordinance of
Sarawak (Amendment) Act 2025.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
General amendments
The Labour Ordinance of Sarawak [Sarawak Cap. 76], which is referred to as the “Ordinance” in this Act, is amended—
by substituting for the words “domestic servant”
wherever appearing the words “domestic employee”; and
by substituting for the words “domestic servants”
wherever appearing the words “domestic employees”.
Amendment of section 2
Section 2 of the Ordinance is amended—
by inserting after the definition of
“agricultural undertaking” the following definition:
‘ “apprentice” means any person who has entered into an apprenticeship contract;’;
in the definition of “apprenticeship contract”, by substituting for the words “shall not be less than two years” the words “shall be for a minimum period of six months and a maximum period of twenty-four months”;
in the definition of “confinement”, by substituting for the words “twenty-eight weeks” the words
“twenty-two weeks”;
by inserting after the definition of
“confinement” the following definition:
‘ “constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or which is carrying out such constructional work for or on behalf of some other person under a contract entered into by him or them with such other person, and includes his or their heirs, executors, administrators, assignees and successors;’;
in the definition of “contract of service”, by substituting for the word “other” the word
“employee”;
Labour Ordinance of Sarawak (Amendment)
by inserting after the definition of “contractor”
the following definition:
‘ “contractor for labour” means a person who contracts with a principal, contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work which a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be;’;
by substituting for the definition of “Director”
the following definition:
‘ “Director” means the Director of Labour appointed under subsection (1) of section 3
and for the purposes of Part IVa, includes any officer or any suitable person who has been appointed under section 122al;’;
in paragraph (a), by substituting for the word “Schedule” the words
“First Schedule”; and
in paragraph (b), by substituting for the words “of section” the words
“or section”;
in the definition of “Minister”, by substituting for the words “responsible for labour matters”
the words “charged with the responsibility for human resources”;
by substituting for the definition of “overtime”
the following definition:
‘ “overtime” means—
the number of hours of work carried out in excess of the normal hours of work per day; or
if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that such spread over period ends up to the time that the employee ceases work for the day;’;
by substituting for the definition of
“part-time employee” the following definition:
‘ “part-time employee” means a person included in the First Schedule whose average hours of work per week as agreed between him and his employer do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed by the same employer in a similar capacity;’;
by substituting for the definition of “place of employment” the following definition:
‘ “place of employment”, except for section 122h, means—
for the purposes of Part IVa, any place specified under paragraph (a) or (b), and includes any place in which an employee is housed by an employer;’;
by inserting after the definition of “repatriation”
the following definition:
‘ “sexual harassment” means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical,
Labour Ordinance of Sarawak (Amendment)
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directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;’;
by inserting after the deleted definition of “ship”
the following definitions:
‘ “spread over period of ten hours” means a period of ten consecutive hours to be reckoned from the time of the employee commences work for the day, inclusive of any period or periods of leisure, rest or break within such period of ten consecutive hours;
“State Authority” means the Yang di-Pertua
Negeri of the State of Sarawak;’;
by inserting after the definition of
“underground work” the following definition:
‘ “vessel” means any type of ship, boat or floating platform used in the maritime environment including any submersible craft;’;
in paragraph (3)(c), by inserting after the words
“a daily” the words “or an hourly”;
in subsection (4), by inserting after the words
“on a daily” the words “or an hourly”; and
by inserting after the word “order” the words
“published in the Gazette”; and
by substituting for the word “Schedule” the words
“First Schedule, Second Schedule or
Third Schedule”.
Substitution of section 2b
The Ordinance is amended by substituting for section 2b the following section:
“General power to exempt or exclude.
Quoted provision
The Minister may, by order published in the Gazette, exempt or exclude, subject to such conditions as he may deem fit to impose, any person or class of persons or any building or class of buildings from all or any of the provisions of this Ordinance.”.
Amendment of section 3
Section 3 of the Ordinance is amended—
by substituting for the words “an order under Chapter IIa” the words “a directive, decision or order under section 8a or 8i, subsection (4) of section 9d or subsection (1)
of section 19a or Part IVa”; and
Amendment of section 7
Section 7 of the Ordinance is amended by deleting subsection (2).
Labour Ordinance of Sarawak (Amendment)
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Amendment of section 8a
The Ordinance is amended by substituting for paragraph 8a(2)(b)
the following paragraph:
“(b) a contractor for labour against a principal, contractor or subcontractor for any sum of money which the contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or”.
Amendment of section 8b
Section 8b of the Ordinance is amended—
in paragraph (a), by inserting after the semi colon at the end of the paragraph the word “or”; and
Deletion of sections 8c, 8d and 8e
The Ordinance is amended by deleting sections 8c, 8d and 8e.
Amendment of section 8f
Section 8f of the Ordinance is amended by substituting for the words “sections 8a, 8c and 8d” the words “sections 8a and 19a”.
Amendment of section 8i
Subsection 8i(1) of the Ordinance is amended—
by substituting for the words “section 8a, 8c or 8d”
the words “section 8a or 19a”; and
by substituting for the words “subcontractor for labour”
wherever appearing the words “contractor for labour”.
Amendment of section 8m
Subsection 8m(1) of the Ordinance is amended by substituting for the words “section 8a, 8c, 8d or 8i” the words “section 8a or 8i, subsection (4) of section 9d or subsection (1) of section 19a”.
New Chapter IIIa
The Ordinance is amended by inserting after section 9
the following chapter:
“Chapter IIIa.
SEXUAL HARASSMENT.
Interpretation.
Quoted provision
For the purposes of this Chapter,
“complaint of sexual harassment” means any complaint relating to sexual harassment made—
Quoted provision
Upon receipt of a complaint of sexual harassment by any person mentioned in section 9a, an employer or any class of employers shall inquire into the complaint in a manner prescribed by the Minister.
Subject to subsection (3), where an employer refuses to inquire into the complaint of sexual harassment as required under subsection (1), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing.
Labour Ordinance of Sarawak (Amendment)
Notwithstanding subsection (2), an employer may refuse to inquire into any complaint of sexual harassment as required under subsection (1) if—
the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven; or
the employer is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.
Any complainant who is dissatisfied with the refusal of the employer to inquire into his complaint of sexual harassment, may refer the matter to the Director.
The Director shall, after reviewing the matter referred to him under subsection (4)—
if he thinks the matter should be inquired into, direct the employer to conduct an inquiry; or
if he agrees with the decision of the employer not to conduct the inquiry, inform the person who referred the matter to him that no further action will be taken.
Findings of inquiry by employer.
Quoted provision
Where the employer conducts an inquiry into a complaint of sexual harassment received under subsection (1) of section 9b, and the employer is satisfied that sexual harassment is proven, the employer shall—
in the case where the person against whom the complaint of sexual harassment is made is an employee, take disciplinary action which may include the following:
dismissing the employee without notice;
imposing any other lesser punishment as he deems just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of two weeks; and
in the case where the person against whom the complaint of sexual harassment is made is a person other than an employee, recommend that the person be brought before an appropriate disciplinary authority to which the person is subject to.
Complaints of sexual harassment made to the
Director.
Quoted provision
If a complaint of sexual harassment is made to the Director, the Director shall assess the complaint and may direct an employer to inquire into such complaint.
The employer shall inquire into the complaint of sexual harassment when directed to do so under subsection (1) and submit a report of the inquiry to the Director within thirty days from the date of such direction.
If a complaint of sexual harassment received by the Director is made against an employer who is a sole proprietor, the Director shall inquire into such complaint himself in a manner prescribed by the Minister.
Labour Ordinance of Sarawak (Amendment)
Upon inquiry by the Director of the complaint of sexual harassment under subsection (3), the Director shall decide if sexual harassment is proven or not and such decision shall be informed to the complainant as soon as practicable.
Notwithstanding subsection (3), the Director may refuse to inquire into any complaint of sexual harassment received under subsection (3) if—
the complaint of sexual harassment has previously been inquired into by the Director and no sexual harassment has been proven; or
the Director is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.
Where the Director refuses to inquire into the complaint of sexual harassment received under subsection (3), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing.
Effect of decisions of the
Director.
Quoted provision
Where the Director decides under subsection (4) of section 9d that sexual harassment is proven, the complainant may terminate his contract of service without notice.
If the complainant terminates the contract of service under subsection (1), the complainant is entitled to—
wages as if the complainant has given the notice of the termination of contract of service; and
termination benefits and indemnity, as provided for under the Ordinance or the contract of service, as the case may be.
Offence.
Quoted provision
Any employer who fails—
to inform the complainant of the refusal and the reasons for the refusal as required under subsection (2) of section 9b;
to inquire into complaints of sexual harassment when directed to do so by the Director under paragraph (a)
of subsection (5) of section 9b or subsection (2) of section 9d; or
to submit a report of inquiry into sexual harassment to the Director under subsection (2) of section 9d, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Right of employee to appear or attend inquiry under this Chapter.
Quoted provision
No person shall prevent or attempt to prevent any employee from appearing or attending an inquiry in pursuance of this
Chapter.
Any person who contravenes or fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, be liable to a fine not exceeding one thousand ringgit for each day during which such offence is continued after conviction.
Labour Ordinance of Sarawak (Amendment)
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Notice on sexual harassment.
Quoted provision
An employer shall, at all times, exhibit conspicuously at the place of employment, a notice to raise awareness on sexual harassment.”.
New section 10d
The Ordinance is amended by inserting after section 10c the following section:
“Presumption as to who is employee and employer.
Quoted provision
In any proceeding under this
Ordinance or any other written law, in the absence of a written contract of service relating to any category of employee under the First Schedule, it shall be presumed until the contrary is proved that a person is an employee—
where he is provided with tools, materials or equipments by another person to execute work;
where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income.
For the purposes of subsection (1), it shall be presumed until the contrary is proved that a person is an employer—
whether or not payment is made by him in return for work done for him by another person.
The first-mentioned person in subsection (2) includes the agent, manager or factor of such first-mentioned person.”.
New sections 19a and 19b
The Ordinance is amended by inserting after section 19
the following sections:
“Discrimination in employment.
Quoted provision
The Director may inquire into and decide any matter relating to discrimination in employment, and the Director may, pursuant to such inquiry, issue a directive or make an order to the employer as may be necessary or expedient to resolve the matter in respect of—
An employer who fails to comply with any directive or order of the Director issued under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Prohibition of forced labour.
Quoted provision
Any employer who threatens, deceives or forces an employee to do any activity, service or work and prevents that employee from proceeding beyond the place or area where such activity, service or work is done, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.
Amendment of section 58
Paragraph 58(a) of the Ordinance is amended by deleting the words “of twenty hectares or more”.
Amendment of section 60
Section 60 of the Ordinance is amended by deleting subsection (2).
New section 71a
The Ordinance is amended by inserting after section 71
the following section:
“Interpretation.
Quoted provision
In this Chapter, unless the context otherwise requires—
“employment” means employment in any labour for the purposes of gain, whether the gain be to a child, young person or to any other person;
“family” means the father, mother, sibling or any guardian who has custody, of a child or young person;
“light work” means any work performed by a child or young person which is not likely—
to prejudice his attendance at school that includes any place which teaches any religion, his participation in vocational orientation or training programmes approved by the competent authority or his capacity to benefit from the instruction received;
“public entertainment” means entertainment to which the public or any section of the public is admitted or in connection with which any charge, whether for admission or not, is made or at which any collection or subscription is received and includes performances for the making of films for public exhibition other than news films but does not include any entertainment given by the pupils of any school registered under the Education
Act 1996 [Act 550] at or under the auspices
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of such school, or any entertainment promoted by a voluntary, social or welfare body which has been approved by the Director.
For the purposes of this Chapter, the age of admission to light work as specified in paragraph (a) of subsection (2) of section 73
shall not be less than thirteen years.”.
Amendment of section 73
Section 73 of the Ordinance is amended—
by substituting for subsection (1) the following subsection:
“(1) No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or any employment other than those specified in this section.”;
by inserting after subsection (1) the following subsection:
“(1a) Notwithstanding subsection (1), a young person may be engaged in any hazardous work with personal supervision if he is—
by deleting the words “, club”;
in paragraph (e), by substituting for the colon at the end of the paragraph a full stop; and
by substituting for subsection (5) the following subsection:
“(5) No child or young person shall be, or be required or permitted to be, engaged in any employment contrary to the provisions of the Occupational
Safety and Health Act 1994 [Act 514] or the Electricity Ordinance Sarawak [Sarawak Cap. 50].”;
and
by inserting after subsection (5) the following subsections:
“(6) Notwithstanding subsections (2) and (3), no child or young person shall be, required or permitted to be, engaged in any employment specified in the
Second Schedule.
For the purposes of this section, “hazardous work” means work specified in the Third Schedule.”.
Amendment of section 74c
Section 74c of the Ordinance is amended by inserting after subsection (2) the following subsection:
“(3) For the purposes of this section, “agricultural undertaking” means any work in which any person is employed under a contract of service for the purposes of agriculture or horticulture, the tending of domestic animals and poultry or the collection of the produce of any plants or trees, but does not include any work performed in a forest.”.
Deletion of section 75a
The Ordinance is amended by deleting section 75a.
Deletion of Chapter XIa
The Ordinance is amended by deleting Chapter XIa.
Labour Ordinance of Sarawak (Amendment)
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Amendment of Chapter XIb
Chapter XIb of the Ordinance is amended in the heading by substituting for the words “MATERNITY PROTECTION.”
the words “PREGNANCY AND MATERNITY.”.
Amendment of section 84
Section 84 of the Ordinance is amended—
by substituting for subsection (1) the following subsection:
“(1) Every female employee shall be entitled—
subject to this Chapter, to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.”;
by substituting for subsection (2) the following subsection:
“(2) Where a female employee is entitled to maternity leave under paragraph (a) of subsection (1), whether or not she is entitled to receive maternity allowance from her employer for the eligible period under subsection (5), or whether or not she has fulfilled the conditions set out in subsection (6), she may, with the consent of her employer, commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner.”;
by substituting for the words “this section”
the words “subsection (1)”; and
by substituting for the words “Chapter XVIb”
the words “paragraph (c) of subsection (2) of section 130o”; and
by substituting for subsection (11) the following subsection:
“(11) For the purposes of this Chapter—
“eligible period” means a period of maternity leave of not less than ninety-eight consecutive days.”.
Amendment of section 92a
Section 92a of the Ordinance is amended—
in the marginal note, by substituting for the word
“dismissal” the word “termination”; and
New section 92b
The Ordinance is amended by inserting after section 92a the following section:
“Restriction on termination of pregnant female employee.
Quoted provision
Where a female employee is pregnant or is suffering from an illness arising out of her pregnancy, it shall be an offence for her employer to terminate her service or give her notice of termination of service, except on the grounds of—
wilful breach of a condition of the contract of service under subsection (2) of section 13;
Labour Ordinance of Sarawak (Amendment)
Where the service of a female employee under subsection (1) is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.”.
Amendment of section 97
Section 97 of the Ordinance is amended—
in subsection (1), by substituting for paragraph (e)
the following paragraph:
“(e) upon—
expiry of the Licence To Employ
Non-Resident Employee; or
revocation of the Licence To Employ
Non-Resident Employee in accordance with section 119f;”.
Amendment of section 98
The Ordinance is amended by deleting subparagraph 98(a)(i).
Amendment of Chapter XIII
Chapter XIII of the Ordinance is amended in the heading by substituting for the words “DOMESTIC SERVICE.” the words
“DOMESTIC EMPLOYEES.”.
Amendment of section 101
Section 101 of the Ordinance is amended in the marginal note by substituting for the words “Domestic servants.” the words
“Domestic employees.”.
New section 101a
The Ordinance is amended by inserting after section 101
the following section:
“Termination of contract.
Quoted provision
Subject to any express provision to the contrary contained therein, a contract to employ and to serve as domestic employee may be terminated either by the person employing the domestic employee or by the domestic employee giving the other party fourteen days’ notice of his intention to terminate the contract, or by the paying of an indemnity equivalent to the wages which the domestic employee would have earned in fourteen days:
Provided that any such contract may be terminated by either party without notice and without the paying of an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.”.
Amendment of section 103
Section 103 of the Ordinance is amended—
in subsection (1), by inserting after paragraph (e)
the following paragraphs:
“(ea) to enable him to purchase a computer;
(eb) to enable him to pay for medical expenses for himself or his immediate family members;
Labour Ordinance of Sarawak (Amendment)
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(ec) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees’ Social Security
Act 1969 [Act 4];
(ed) to enable him to pay for educational expenses for himself or his immediate family members;”;
and
by inserting after subsection (1) the following subsection:
“(1a) For the purposes of this section, “immediate family members” means the employees’ father, mother, spouse, children, siblings or any other person under the employee’s guardianship.”.
Amendment of section 104
Section 104 of the Ordinance is amended in subsection (1)—
by substituting for the word “sixteen” the word
“eighteen”;
by substituting for subparagraph (iv) the following subparagraph:
“(iv) the Workers’ Celebration Day;” and
by inserting after subparagraph (iv) the following subparagraphs:
“(v) the Malaysia Day; and
in paragraph (b), by substituting for the proviso the following proviso:
“Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on—
a rest day; or
any other public holiday referred to in paragraphs (a) and (b), the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first mentioned public holiday.”.
Amendment of section 105
Section 105 of the Ordinance is amended—
in the marginal note, by inserting after the word “work”
the words “and working at night”;
in subsection (1), by substituting for the words “forty-eight”
wherever appearing the words “forty-five”; and
in subsection (10), by inserting after the word “rates”
the words “and prescribing matters relating to working at night”.
Amendment of section 105a
Subsection 105a(1) of the Ordinance is amended by substituting for the words “forty-eight” wherever appearing the words “forty-five”.
Amendment of section 105c
Subsection 105c(3) of the Ordinance is amended by inserting after the the word “monthly” the words “or weekly”.
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Amendment of section 105e
Subsection 105e(1) of the Ordinance is amended—
in the further proviso, by substituting for the words
“And provided further” the word “Provided”.
New section 105ea
The Ordinance is amended by inserting after section 105e the following section:
“Paternity leave.
105ea. (1) Subject to subsection (3), a married male employee shall be entitled to a paid paternity leave at his ordinary rate of pay for a period of seven consecutive days in respect of each confinement.
The paternity leave under subsection (1)
shall be restricted to five confinements irrespective of the number of spouses.
A married male employee shall be entitled to paternity leave from his employer if—
h e h a s b e e n e m p l o y e d b y the same employer at least twelve m o n t h s i m m e d i a t e l y b e f o r e the commencement of such paternity leave; and
he has notified his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth.
A married male employee referred to under subsection (1) employed on a monthly rate of pay shall be deemed to have received his paternity leave pay if he continues to receive his monthly wages during his abstention from work during the paternity leave period without abatement in respect of the abstention for the month in which he takes such paternity leave.”.
New section 108c
The Ordinance is amended by inserting after section 108b the following section:
“Calculation of wages for incomplete month of work.
Quoted provision
Notwithstanding subsection (3)
of section 2 and section 108, an employee who is employed on a monthly rate of pay and has not completed a whole month of service—
where he took leave of absence by reason of having been called up for national service under the
National Service Act 1952 [Act 425], to present himself for national service training as required under
Labour Ordinance of Sarawak (Amendment)
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the National Service Training Act 2003 [Act 628] or to comply with any other written laws relating to national service, shall be paid wages due to him for that month calculated according to the following formula:
Monthly wages
Number of days eligible in the wage period.”.
X
Number of days of the particular wage period
Substitution of section 109
The Ordinance is amended by substituting for section 109
the following section:
“Time of payment of wages.
Quoted provision
Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.
Wages for work done on a rest day, gazetted public holiday referred to in paragraphs (a) and (b) of subsection (1) of section 104 and overtime shall be paid not later than the last day of the next wage period.
Notwithstanding subsections (1) and (2), if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.”.
New sections 109a and 109b
The Ordinance is amended by inserting after section 109 the following sections:
“Payment on normal termination of contract.
Quoted provision
The wages, less lawful deductions, earned by but not yet paid to an employee shall be paid to such employee on the day on which such contract of service is terminated in accordance with—
The wages earned by but not yet paid to an employee whose contract of service is terminated by his employer in accordance with section 12, such wages shall be paid to the employee on the day on which such contract of service is terminated or, if this is not possible, on the first day, not being a rest day or gazetted holiday, after the day on which such contract of service is terminated.
Payment on termination of contract in special circumstances and on breach of contract.
Quoted provision
Where an employer terminates the contract of service of an employee without notice in accordance with subsection (1) or (2)
of section 13 or paragraph (a) of subsection (1)
of section 14—
the wages, less any deductions which the employer is entitled to make under section 114, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect; and
in addition, where the employer terminates the contract of service under subsection (1) of section 13, the indemnity payable to the employee under that subsection,
Labour Ordinance of Sarawak (Amendment)
31
shall be paid by the employer to the employee on the day on which such contract of service is so terminated.
Where an employee terminates his contract of service with an employer without notice in accordance with subsection (1) or (2) of section 13 or subsection (3) of section 14, the wages, less any deductions which the employer is entitled to make under section 114, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee before the expiry of the seventh day after the day on which the contract of service is so terminated:
Provided that the employer may, subject to any order made by a court or the Director to the contrary, deduct from the wages due to the employee such sum as the employee is liable to pay in lieu of notice according to the provisions of section 13 or the terms of his contract, if any.”.
Substitution of section 111
The Ordinance is amended by substituting for section 111
the following section:
“Wages to be paid through financial institution.
Quoted provision
The entire amount of the wages earned by, or payable to, any employee in respect of any work done by him less any lawful deductions, shall be actually paid to him through payment into an account opened by a financial institution, being an account in the name of the employee or an account in the name of the employee jointly with one or more other persons as stipulated by the employee.
Every employee shall be entitled to recover in the courts or before the Director acting under section 8a, so much of his wages, exclusive of sums lawfully deducted under section 114, as shall not have been actually paid to him in accordance with subsection (1).
For the purposes of this Chapter,
“financial institution” includes—
a licensed bank and an approved issuer of a designated payment instrument under the Financial
Services Act 2013 [Act 758];
a licensed Islamic bank and an approved issuer of a designated
Islamic payment instrument under the Islamic Financial Services
Act 2013 [Act 759]; and
a prescribed institution under the
Development Financial Institutions
Act 2002 [Act 618].
The Minister may, by order published in the Gazette, specify any approved issuer of a designated payment instrument or any approved issuer of a designated Islamic payment instrument under paragraphs (a) and (b) of subsection (3) to be a recognized approved issuer of a designated payment instrument or approved issuer of a designated Islamic payment instrument for the purpose of payment of wages under this Chapter.”.
Labour Ordinance of Sarawak (Amendment)
33
Substitution of section 111a
The Ordinance is amended by substituting for section 111a the following section:
“Payment of wages other than through financial institution.
Quoted provision
Notwithstanding subsection (1)
of section 111, an employer may, upon a written request of the employee, make payment of his employee’s wages—
The request by the employee under subsection (1) may be withdrawn by the employee, at any time, by notice in writing to the employer.
The notice referred to in subsection (2)
shall take effect at, but not before, the end of the period of four weeks beginning with the day on which the notice is given.
Any dispute arising out of the request by the employee under subsection (1) shall be referred to the Director whose decision on the matter shall be final.
Section 8a shall not apply in respect of any dispute under subsection (4).”.
Amendment of section 117
Section 117 of the Ordinance is amended—
in subsection (1), by inserting after the words
“approved service” the words “or any approved incentive payment scheme”; and
by inserting after the words “approved in writing any amenity or service” the words “or any incentive payment scheme”; and
by inserting after the words “as an approved amenity or approved service” the words “or approved incentive payment scheme”.
Amendment of section 117a
Subsection 117a(1) of the Ordinance is amended by substituting for the words “subcontractor for labour” wherever appearing the words “contractor for labour”.
Amendment of section 117b
Subsection 117b(1) of the Ordinance is amended by substituting for the words “subcontractor for labour” the words “contractor for labour”.
New section 117d
The Ordinance is amended by inserting after section 117c the following section:
“Information relating to supply of employees.
Quoted provision
A contractor for labour who intends to supply or undertakes to supply any employee shall register with the Director in the prescribed form within fourteen days before supplying the employee.
A contractor for labour referred to in subsection (1) who supplies any employee to a principal, contractor or subcontractor shall enter into a contract in writing and shall make such contract or any other document relating to such contract available for inspection.
Labour Ordinance of Sarawak (Amendment)
If a contractor for labour referred to in subsection (1) supplies any employee, he shall keep or maintain one or more registers as may be determined by the Director containing information regarding each employee supplied by him and shall make such registers available for inspection.
A contractor for labour who—
supplies his employee without registering with the Director as required under subsection (1);
fails to make such contract or any other document relating to such contract available for inspection as required under subsection (2); or
fails to keep or maintain any register, or make available any register for inspection as required under subsection
, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.”.
Amendment of section 119a
Section 119a of the Ordinance is amended by inserting after subsection (2) the following subsections:
“(3) If the service of a non-resident employee is terminated—
by reason of the expiry of any pass relating to employment issued by the Immigration Department of Malaysia to the non-resident employee; or
by reason of the repatriation or deportation of the non-resident employee, the employer shall, within thirty days of the termination of service, inform the Director of the termination in the manner as may be determined by the Director.
If a non-resident employee terminates his service or absconds from his place of employment, the employer shall, within fourteen days of the termination of service or after the non-resident employee’s absence, inform the Director in the manner as may be determined by the Director.”.
Deletion of section 119b
The Ordinance is amended by deleting section 119b.
New section 119f
The Ordinance is amended by inserting after section 119e the following section:
“Revocation of Licence
To Employ
Non-Resident
Employee.
Quoted provision
The Director may, without any compensation, revoke a Licence To Employ
Non-Resident Employee issued under subsection (1) of section 119 if he is satisfied that the employer including the officer of the employer referred to under section 130la—
has contravened or failed to comply with any of the provisions of this Ordinance or any subsidiary legislation made under this Ordinance;
has failed to comply with any conditions prescribed in respect of the licence issued under subsection (2)
of section 119 and paragraph (n) of subsection (2) of section 130o;
has been wound up or dissolved under the provisions of the
Companies Act 2016 [Act 777];
has terminated all the non-resident employees referred to in the Licence
To Employ Non-Resident Employee;
this Ordinance or the subsidiary legislation made thereunder;
has failed to comply with any written directions issued by the Director under this Ordinance; or
The Director shall not revoke a Licence To Employ Non-Resident Employee unless, after giving the employer a written notice specifying an opportunity to make any representation, reason or explanation in writing as to why the Licence To Employ
Non-Resident Employee should not be revoked within the period specified in such written notice, he is satisfied with the representation, reason or explanation given in writing by the employer.
After the expiry of the period specified in the written notice under subsection (2)
or after considering the representation, reason or explanation made under subsection (2), the Director shall decide whether or not to revoke the Licence To Employ Non-Resident
Employee.
The Director shall inform the employer of his decision under subsection (3) by a notice in writing.
Where a Licence To Employ
Non-Resident Employee is revoked, the revocation shall be effective within thirty days after the notice under subsection (4)
is communicated to the employer and the employer shall within fourteen days from the date of communication of the licence return the licence to the Director.
Notwithstanding subsection (5), if the Director is satisfied that the period specified in subsection (5) is not reasonably practicable, he may, on the application of the employer, extend the time for such revocation to take effect as he thinks fit.”.
New Chapter XIVb
The Ordinance is amended by inserting after section 121
the following chapter:
“Chapter XIVb.
FLEXIBLE WORKING ARRANGEMENT.
Flexible working arrangment.
Quoted provision
Subject to Chapter XIV or anything contained in the contract of service, an employee may apply to an employer for a flexible working arrangement to vary the hours of work, days of work or place of work in relation to his employment.
Labour Ordinance of Sarawak (Amendment)
Where there is a collective agreement, any application made by the employee under subsection (1) shall be consistent with the terms and conditions in the collective agreement.
Application for flexible working arrangement.
Quoted provision
The employee shall make an application for flexible working arrangement under section 121a in writing and in the form and manner as may be determined by the Director.
Upon the application made under subsection (1), an employer shall, within sixty days from the date such application is received, approve or refuse the application.
The employer shall inform the employee in writing of the employer’s approval or refusal of the application under subsection (1)
and in the case of a refusal, the employer shall state the ground of such refusal.”.
New Part IVa
The Ordinance is amended by inserting after section 122
the following part:
“PART IVa.
SPECIAL PROVISIONS RELATING TO EMPLOYEES’
MINIMUM STANDARDS OF HOUSING,
ACCOMODATIONS AND AMENITIES.
Chapter XVa.
PRELIMINARY.
Interpretation.
Quoted provision
In this Part, unless the context otherwise requires—
“building”, in relation to Chapter XVb, means any building used for the housing of employees and includes a nursery and a community hall;
“contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that employee agrees to serve his employer as an employee;
“dependant” means the spouse, parent
(including stepfather and stepmother), grandparent, child (including stepchild), brother and sister (including half-brother and half-sister and stepbrother and stepsister)
of an employee, who is dependent on such employee, and includes—
as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and
as respects parents, the parents of an illegitimate child, and any person by whom the employee was adopted in accordance with any written law relating to adoption;
“District Engineer”, in respect of a district, means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public
Works Department for that district and, for the purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the District Engineer;
“employer” means—
any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager and factor of such first mentioned person;
or
Labour Ordinance of Sarawak (Amendment)
where the owner or lessee (including the agent, manager and factor of such owner or lessee) of a place of employment (hereinafter referred to as the first mentioned person) has entered into an agreement, whether oral or in writing and whether expressed or implied, with another person for the purpose of executing any work for or connected with any business, trade, operation or interest of such first mentioned person, the term “employer” shall also include such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly;
“estate” means any agricultural land exceeding 40.46 hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated, or any mine or any other place of employment so declared by order of the Minister;
“Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district, or local authority area, and for the purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the Medical Officer of Health;
“private hospital” means a private hospital as provided under the Private Healthcare
Facilities and Services Act 1998 [Act 586];
“resident manager”, in relation to an estate, means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed;
“resident registered medical practitioner”
means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed.
Chapter XVb.
HOUSING AND OTHER AMENITIES.
Building to comply with requirements.
Quoted provision
Except as provided in subsection (2), no employer shall house or cause or permit to be housed any employee employed by him or by any other person (with whom he has contracted for the purpose of executing any work for or connected with his business, trade, operation or interest) in any building either owned by him or is within his possession or control which does not comply with the provisions of this Part or any rules made thereunder.
Any building, which immediately before the commencement of this Part was used for the housing of employees, as a nursery or as a community hall, by an employer and was erected or converted in accordance with the requirements of any written law in force at the time of its erection or conversion may continue to be used by such employer:
Provided that such building be converted to comply with the provisions of this Part or any rules made thereunder.
Labour Ordinance of Sarawak (Amendment)
Notwithstanding the provision in subsection (2), the Director may, upon application by an employer, permit subject to any condition as he may impose, such building to continue to be used without conversion for such period as he deems fit.
Pursuant to any investigation carried out on any place of employment, where the
Director is satisfied that any building, which immediately before or after the commencement of this Part, was used for the housing of employees or their dependants, or as a nursery or as a community hall, does not comply with the provisions of this Part or any rules made under this Part, the Director may issue to the employer concerned a notice, of not less than three months, of his intention to order demolition and replacement, alteration, repair or making good any deficiency or defect thereof.
Where, upon the expiry of the notice under subsection (4), the employer fails to take such action as required to the satisfaction of the Director, the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair such building or to make good any deficiency or defect thereof within six months from the date of the order and subject to such conditions as the Director may specify in the order.
The order under subsection (5) may include a directive that no employee or his dependants shall be permitted to occupy any such building pending such demolition and replacement, alteration or repair, or the making good of any defect or deficiency thereof, or until the requirements of the order have been complied with:
Provided that where an appeal has been made under section 122ao in respect of the order issued under subsection (5), then such order shall be suspended pending the determination of the appeal.
Supply of water and electricity and maintenance of houses.
Quoted provision
Where employees and their dependants are provided with housing at their place of employment, it shall be the duty of the employer of such place of employment—
to provide free and adequate piped water drawn from a public main, or where the Director so permits in writing, to provide free and adequate supply of potable piped water drawn from any other source which shall be filtered and treated in a manner approved by the Director;
to ensure that the buildings are kept in a good state of repair and painted to present a satisfactory appearance;
and
to ensure that no unauthorized extensions or structural alterations are made to the buildings.
For the purposes of this section, the adequacy of water and electricity supply shall be as determined by the Director:
Provided that the Director may, if he is satisfied in any case that it is impracticable to provide piped water supply for each house, approve any other means of water supply:
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Provided further that the Director may, in any case where he is satisfied that the provision of electricity supply is not practicable or viable, exempt the employer in writing from the requirement of such provision.
Where water supply is drawn from a source other than a public main, the Director may, for the purpose of ensuring that the water supply is suitable for consumption, cause the Medical Officer of Health to take samples of water supply for analysis and report, the costs of which shall be borne by the employer.
Where water supply is obtained from a public main and is piped to each house, the Director may, on application made to him, partly or wholly exempt the employer in writing from the requirement to provide free water supply to the employees subject to such conditions as the Director may impose.
Where any extension or structural alteration has been made to the buildings without the permission of the Director, the Director may, after giving one month’s notice, require the employer to have the extension or structural alteration demolished.
Erection of building intended to be used for the housing of employees, as nursery or as community hall.
Quoted provision
In relation to a building which is to be erected or converted for the housing of employees or for use as a nursery or community hall, the employer shall submit to the Director for his endorsement, the plans of the building and of its site approved by the relevant authority.
No work relating to the aforesaid building shall commence before the submission of such plan is endorsed by the Director.
For the purpose of securing that the minimum standards required under this Part or any rules made thereunder are complied with, the relevant authority may approve such plans subject to such conditions
(including alterations of the plans) as he may deem fit to impose thereon.
For the purposes of this section, the relevant authority shall be the authorities as may be determined by the Minister after consultation with the State Authority.
Building endangering health or safety.
Quoted provision
The Director shall cause to be inspected—
by a Medical Officer of Health, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its design, site, size, sanitation, the quantity and quality of the water supply provided for the occupants of such buildings or other conditions, appears to the Director to be likely to endanger health; and
by the District Engineer, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its construction, state of repair or condition, appears to the Director to be likely to endanger the safety of any person.
The Medical Officer of Health or the District Engineer or both, as the case may be, shall, after inspecting any building, estate hospital, group estate hospital or clinic under this section, submit to the Director a report of his or their findings, together with any recommendation made thereon relating to the necessary measures required to be taken in respect of such building, estate hospital, group estate hospital or clinic.
Labour Ordinance of Sarawak (Amendment)
Subject to subsection (4), on receipt of such report referred to in subsection (2), the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair the building, estate hospital, group estate hospital or clinic or to make good any deficiency or defect within such time and subject to such conditions as the Director may specify in the order and such order may direct that no employee or his dependants shall be permitted to occupy any building, estate hospital, group estate hospital or clinic pending such demolition and replacement, alteration or repair or until the order has been complied with:
Provided that where an appeal has been made under section 122ao in respect of the order, then such order shall be suspended pending the decision of the appeal.
No order under subsection (3) shall be issued unless a copy of the report under subsection (2) received by the Director has been furnished to the employer by the Director, and in making such order, the Director shall give due consideration to any representation that may be made by the employer in respect of the report.
Building not originally built for housing of employees.
Quoted provision
Except as provided in subsection (2), a building originally built for a purpose other than the housing of employees shall not be used for, or be converted for, the purpose of the housing of employees by an employer without an approval by the Director.
An employer may make an application to the Director in the manner specified under subsection (3) for the approval for the purpose specified under subsection (1).
The application required to be made under subsection (2) shall be accompanied by a plan of the site of the building and a plan setting out the details of the building or of the conversion proposed to be made thereto and subsections (2) and (3) of section 122d shall apply to such plan as they apply to a plan of a building or of the site of a building mentioned in that section.
Nursery.
Quoted provision
Where there are employees residing on the place of employment and such employees have together no less than five dependants under four years of age living with them, the Director may, by order, require the employer of such employees to construct at the aforesaid place of employment within such reasonable time as may be specified therein, a nursery of a size capable of accommodating such number of employees’ dependants, as may be specified therein, and on being so required, the employer shall construct such nursery accordingly:
Provided that any subsequent reduction in the number of dependants after the order has been issued shall not invalidate such order.
The employer shall maintain the nursery and shall accommodate therein the dependants of the employees during the period in which such employees are away working for the employer:
Provided that he shall not accommodate therein such dependants in excess of the number specified in the order mentioned in subsection (1).
Labour Ordinance of Sarawak (Amendment)
On each day a dependant is accommodated at the nursery, the employer, at his own expense, shall provide for such dependant with play equipment and a supply of milk—
Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Allotment of land.
Quoted provision
Where there are employees residing on the place of employment, the employer of such employees shall set aside land which has been cleared, for allotment to such employees for cultivation, grazing or partly cultivation and partly grazing:
Provided that an employer is not required to excise any permanent cultivation which has been planted by him at least twelve months previously.
An employee residing on the place of employment who has been employed for a period of not less than six months by the employer aforesaid shall be entitled to have allotted to him an area for cultivation for communal use and food supply.
If an area of land allotted for cultivation
(whether wholly or partly) shall remain unplanted for a period of six months from the date of the allotment, or if an employee uses the area of land allotted to him for a purpose different from that for which it was allotted, or if he does not use it at all for the purpose for which it was allotted, the employer may terminate such allotment and thereafter may allot such area of land to another employee.
In relation to the setting aside of land under this section—
land allotted to employees shall be situated as near as possible to the houses of the employees; and
land for grazing shall be situated from the houses of the employees at a distance to be recommended in writing by a Medical Officer of
Health.
The Director may, for sufficient reason, exempt to such extent as may be stated in such exemption, any employer from compliance with this section on such terms and conditions and for such period as he may deem fit.
Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
For the purposes of this section,
“place of employment” means an estate or such other place as may be prescribed by the Minister by notification in the Gazette to be a place of employment.
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Community hall, sports and other recreational facilities.
Quoted provision
The Director may, by order, require the employer in any place of employment where there are not less than one hundred employees residing at the place of employment—
to construct at the place of employment, within such reasonable time as may be specified, a community hall capable of accommodating such number of persons as may be specified; and
to provide facilities for sports and other recreational activities as may be specified.
The employer shall maintain the community hall, sports and other recreational facilities in a satisfactory condition as the Director thinks fit.
Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
No rent or charge to be levied for benefits under this
Chapter.
Quoted provision
An employee shall not be required to make any payment for rent or charge in respect of any housing, nursery, community hall, sports and other recreational facilities, sanitation, or allotment of land provided for the employee under this Chapter.
Chapter XVC
SANITATION.
Definition of dependant.
For the purposes of this Chapter,
“dependant” means such member of the employee’s family, namely, spouse, father, mother and children under the age of eighteen, including children adopted in accordance with any written law, who are living with and dependent on the employee.
Employer to construct and maintain estate hospital.
The Director may, at any time by order in writing, after consultation with the Minister of Health, require any employer to construct within a reasonable time to be stated in such order and thereafter to maintain at his own expense, a hospital, hereinafter called “estate hospital”, on or in the immediate neighbourhood of any estate upon which employees are employed by him with accommodation for such number of patients as may be stated in such order.
Where there is already a hospital maintained by the employer, the Director may, by order in writing, after consultation with the Minister of Health, require the employer to enlarge or add to such hospital so as to provide accommodation for a further number of patients as may be stated in the order.
For the purposes of subsection (1) or (2), the Director may further require the employer to employ a registered medical practitioner to reside at and have charge of such hospital or any hospital maintained by such employer, and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health.
Labour Ordinance of Sarawak (Amendment)
In the case where two or more estates are so situated that the required accommodation for patients from such estates can be conveniently provided in one hospital, the Director may, after consultation with the Minister of Health, instead of ordering each employer to construct and maintain a separate hospital, order all the employers concerned to construct within a reasonable time to be stated in such order and thereafter to maintain at their own expense one hospital, hereinafter called a “group estate hospital”, for all such estates with accommodation for such number of patients as may be stated in the order.
In the case of there is already a group estate hospital erected and maintained jointly by two or more employers (whether constructed under the provisions of this section or not), the Director may, after consultation with the Minister of Health, order all or any such employers to enlarge or add to such hospital so as to provide accommodation for such further number of patients from their estates as may be stated in the order.
For the purposes of subsections (4)
and (5), the Director may further require the employers to employ a registered medical practitioner to have charge of such group hospital and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health.
Where there already exists an estate hospital or group estate hospital, the Director may order the employers concerned to join such estate hospital or group estate hospital, as the case may be, and be jointly responsible for the maintenance of such hospital.
Every employer referred to in this section and the resident manager of every estate concerned shall be responsible for the registration and the due maintenance of the estate hospital or group estate hospital, as the case may be, registered in accordance with the provisions of the Private Healthcare
Facilities and Services Act 1998 and any regulation made thereunder.
No employer who has constructed and maintained an estate hospital or a group estate hospital, whether in pursuance of an order of the Director under this section or otherwise, shall reduce the number of beds or discontinue the maintenance and operation of such estate hospital or group estate hospital without prior written permission of the Director.
Payment and recovery of hospital expenses by employer.
It shall be the duty of every employer to provide for every employee employed on an estate with medical attendance, care and treatment including diet at the estate hospital or group estate hospital established under section 122l or at the estate clinic established under section 122p.
The employer may recover from such employee the expenses of such care, treatment and maintenance at such rate as the Minister may prescribe by notification in the Gazette in respect of any period in excess of thirty days during which such employee shall have remained in the hospital.
For the purposes of this section, employee includes his dependants who reside on such estate or on any other land owned or leased by or is within the control of the employer.
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Sick employees being admitted to hospital.
Every employee or any dependant of such employee, who is injured or falls ill during the course of the employee’s employment shall be taken by the employer to a private hospital or a Government hospital, as the case may be.
The expenses incurred under subsection (1) shall, whatever be the amount, be recoverable from the employer in a Civil Court at the suit of the Medical Officer in charge of such hospital, and the certificate of such Medical Officer shall be sufficient prima facie evidence that the amount therein specified is due from the employer:
Provided that not more than thirty days’
expenses in hospital in respect of any employee or dependant shall be recoverable.
The cost of maintenance and treatment of the employee referred to in subsection (1)
shall be borne by the employer.
No expenses paid by an employer under subsection (3) shall be recoverable from the employee.
Transportation of sick employees to hospital.
It shall be the duty of the employer and of the resident manager at their own expenses—
to have every employee employed on an estate to be transported safely without delay to and from the estate hospital or group estate hospital or, if there is no such hospital, to and from the private hospital or
Government hospital, as the case may be; and
to make arrangements and to provide appliances for the safe transport of a sick employee to and from an estate hospital, group estate hospital, private hospital or Government hospital as the case may be, as the
Medical Officer of Health or any
Medical Officer may, from time to time, require.
The Medical Officer of Health or any
Medical Officer may require the employer or resident manager to remove any employee on the estate who requires medical treatment to an estate hospital, group estate hospital, private hospital or Government hospital, as the case may be.
Any employer or resident manager who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
For the purposes of this section,
“employee” includes any dependant of such employees who requires medical treatment.
Medical treatment in estate on which a hospital is not maintained.
On any estate where there is no estate hospital or a group estate hospital available, the Director may, by order, after consultation with the Medical Officer of
Health, require an employer to establish and maintain a clinic or make such other provisions as are necessary for the treatment of sick employees and their dependants.
Labour Ordinance of Sarawak (Amendment)
The Director shall specify in such order the services, medicine, equipment and staff to be provided and the hours during which the treatment facilities shall be made available to the employees and their dependants.
Where a clinic exists on any estate or is established pursuant to an order under subsection (1), it shall be the duty of the employer to arrange for a registered medical practitioner to be stationed at the clinic or to visit the clinic at least once a fortnight to supervise the operations and management of the clinic and to provide medical treatment to employees and their dependants.
No employer who has established and maintained a clinic, whether pursuant to an order of the Director made under this section or otherwise, shall reduce the services, facilities or staff or discontinue the maintenance and operation of such clinic without prior written permission of the Director.
Duty to report suspected cases of infectious disease.
It shall be the duty of the resident registered medical practitioner or, in his absence or if there is no resident registered medical practitioner, the resident manager—
to isolate at once any employee or other person on an estate whom he may suspect to be suffering from any infectious disease as defined in the Prevention and Control of Infectious Diseases Act 1988
[Act 342];
to detain under observation any other person whom he may deem likely to have contracted such disease; and
to notify the nearest Medical Officer of Health of the action taken under paragraphs (a) and (b) with the least possible delay.
Pending the arrival of the Medical
Officer of Health on the estate, the resident registered medical practitioner or the resident manager shall take appropriate preventive measures and thereafter consult the Medical
Officer of Health on any further action to be taken.
Any person who neglects to perform the duty imposed upon him or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Duty of employer to segregate employee suffering from infectious disease.
On the occurrence of any infectious disease on any estate, it shall be the duty of the employer forthwith, if so directed by the Medical Officer of Health—
to provide a place where an employee may be segregated in the interest of public health or of any other employee employed on the estate;
and
to make at his own expense such arrangements as deemed necessary to the Medical Officer of Health—
for the treatment of any employee suffering from such disease.
Labour Ordinance of Sarawak (Amendment)
It shall be lawful for the Medical
Officer of Health to cause such employee to be removed to such place as he may direct and continued to be detained in such place until discharged by order in writing of the Medical Officer of Health if at any time it appears to the Medical Officer of Health—
that an employee employed on any estate is suffering from any infectious disease; or
that it is otherwise necessary in the interest of public health or of the health of any other employee employed on the estate.
Power of
Medical
Officer of
Health to order immunization against infectious disease.
The Medical Officer of Health may, at any time if it appears to him necessary for the health of the employees employed on any estate, by order in writing, direct any employer or resident manager, at his own expense, to make arrangements so that all or any of the employees and their dependants be given immunization against any infectious disease.
Weekly inspection of employees’
housing.
It shall be the duty of the employer of a place of employment where employees and their dependants are provided with housing accommodation to ensure that—
the area surrounding the employees’
housing is kept clear of undergrowth and maintained in a clean and sanitary condition;
the perimeter drains around each dwelling or block of dwellings including all outlet drains are kept in a good state of repair and clear of refuse or undergrowth to permit free flow of water;
all refuse in the housing site is collected daily and disposed of satisfactorily; and
all communal latrines and bathrooms are kept in a clean, sanitary and working condition.
It shall be the duty of the employer to ensure that all buildings used for the housing of employees, nurseries or community halls are visited and inspected weekly by a medical assistant registered under the Medical Assistants (Registration) Act 1977
[Act 180] employed by the employer or any other person authorized in writing by the employer who shall report to the employer if the buildings are not kept clean or if any refuse is allowed to accumulate in the neighbourhood of the buildings, and who shall also examine and if necessary, take or cause to be taken, to hospital any employee found in the buildings who appears to be suffering from any health complaint and report to the employer accordingly.
The findings of the medical assistant registered under the Medical Assistants
(Registration) Act 1977 employed by the employer or any other person authorized in writing by the employer shall be recorded in a book kept at the place of employment and be made available to the Director or
Medical Officer of Health for inspection.
In any case where the Medical Officer of Health shall consider that the visits, inspections or other duties, under subsection
are not satisfactorily carried out, he may notify the employer accordingly, specifying the matters in respect whereof he is not satisfied, and the employer shall thereupon make further or other arrangements as the Medical Officer of Health may require.
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Chapter XVd.
ACCOMMODATIONS.
Application.
This Chapter shall apply to employees who are employed otherwise than to work in an estate.
Interpretation.
In this Chapter—
“accommodation” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation and includes centralized accommodation;
“centralized accommodation” means any building used for the housing of employees employed by one or more employers;
“centralized accommodation provider”
means any person who provides and manages a centralized accommodation and supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees;
“person in charge of accommodation”
means any person appointed by an employer or centralized accommodation provider to be responsible for the management of the accommodation, and safety and health of the employees and other amenities in the accommodation.
Requirement for accommodation.
The Minister may prescribe any class, category or description of employees that shall be provided with accommodation under this Chapter.
All employers, whose class, category or description of employees is prescribed by the Minister, shall provide such employees with accommodation.
Any employer who fails to provide accommodation or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Functions and powers of Director in relation to accommodation.
For the purposes of this Chapter, the Director shall have the following functions:
to direct employer or centralized accommodation provider to submit any information and documents r e l a ting to an employee’s accommodation;
to issue any directions to an employer or a centralized accommodation provider to provide any other a m e n i t i e s r e l a t i n g t o a n accommodation;
The Director shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Chapter.
The Director may, in issuing directions to any employer or centralized accommodation provider pursuant to the exercise of his functions and powers under subsection (1)
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or (2), direct that any expenses incurred in complying with such direction to be borne by the employer or the centralized accommodation provider.
Accommodation to be certified with
Certificate for
Accommodation.
No accommodation shall be provided to an employee unless certified with a Certificate for Accommodation.
An application for a Certificate for
Accommodation shall be made by an employer or a centralized accommodation provider to the Director in the form and manner as may be determined by the Director and shall be accompanied by the prescribed processing fee.
An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
A centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one day or to both for each day the offence continues after conviction.
Employer to give notice of occupation.
An employer shall, within thirty days from the date an accommodation is occupied by his employee, inform the Director of such occupation in the form and manner as may be determined by the Director.
Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Accommodation to comply with minimum standards.
122aa. An employer or a centralized accommodation provider shall ensure that every accommodation provided for employees complies with the minimum standards required under this Part or any subsidiary legislation made thereunder.
Power of
Director to direct replacement, alteration and repair of accommodation and amenities.
122ab. (1) If the Director finds that any accommodation or amenities provided by an employer or a centralized accommodation provider to an employee does not comply with the minimum standards required under this Part, the Director may issue a notice to the employer or centralized accommodation provider, as the case may be, to direct the employer or centralized accommodation provider to replace, alter or repair the accommodation or amenities within the period as the Director may specify in the notice.
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1) shall be borne by the employer or centralized accommodation provider.
The employer or centralized accommodation provider shall not recover from the employee the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
Any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
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Power of
Director to direct employer or centralized accommodation provider to provide temporary accommodation.
122ac. (1) The Director may, if he thinks necessary for the safety and well-being of the employees, issue a notice to the employer or centralized accommodation provider, as the case may be, to further direct the employer or centralized accommodation provider to whom the direction has been given under subsection (1) of section 122ab to provide the employees with temporary accommodation in the manner as may be determined by the Director in the course of replacement, alteration or repair of the accommodation or amenities.
The Director may impose any condition to the employer or centralized accommodation provider relating to the temporary accommodation provided to the employees under subsection (1).
Section 122y shall not apply to temporary accommodation referred to in subsection (1).
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1), including the cost for transportation of employees from the accommodation to the temporary accommodation, rent of temporary accommodation and travelling of employees between his place of employment and the temporary accommodation shall be borne by the employer or centralized accommodation provider.
The employer or centralized accommodation provider shall not recover from the employees the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
Any person who contravenes subsection (1), (2), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Deductions in respect of rent or charge for accommodation.
122ad. (1) Subject to any conditions as may be prescribed by the Minister, an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Chapter.
The sum collected under subsection (1)
shall be made by deductions from the wages of the employee.
Accommodation to comply with any written laws.
122ae. (1) Notwithstanding section 122y, no employer or centralized accommodation provider shall use any building as accommodation if the building is unfit for human habitation in accordance with the relevant written laws.
Any employer or centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Amenities.
122af. An employer or a centralized accommodation provider shall provide decent and adequate amenities in accordance with this Part or any subsidiary legislation made thereunder.
Duties and responsibilities in respect of safety and health.
122ag. An employer or a centralized accommodation provider who provides accommodation for an employee under this
Chapter shall have the following duties and responsibilities:
to provide separate accommodation to employees of the opposite gender;
Labour Ordinance of Sarawak (Amendment)
to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
to take preventive measures to contain the spread of infectious diseases as ordered by the Medical
Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense, make arrangements as ordered by the Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease.
Maintenance.
122ah. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Chapter is maintained as directed by the Director.
Appointment of person in charge of accommodation.
122ai. (1) An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation provided under this Chapter, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Part or any subsidiary legislation made thereunder.
to ensure that employees comply with any disciplinary rules as may be determined by the employer;
to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director in the place of employment; and
to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director in the place of employment.
Notice to vacate accommodation.
122aj. (1) Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
Notwithstanding subsection (1), an employee whose contract of service is terminated by less than four weeks’ notice or is terminated with immediate effect shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated.
Employer not obligated to provide accommodation for employees’
dependants.
122ak. Nothing in this Chapter shall render an employer obligated to provide accommodation for the dependants of an employee who is provided with accommodation under this Chapter.
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Chapter XVe.
GENERAL PROVISIONS, APPEALS AND OFFENCES.
Minister may appoint any officer or any suitable person with powers and duties.
122al.
The Minister may, subject to such restrictions and conditions as may be determined, appoint any officer or any suitable person to carry out all or any of the powers conferred upon the Director by this Part and every duty so performed and every power so exercised shall be deemed to have been performed and exercised for the purposes of this Part.
Power to issue directions.
122am.
The Minister may issue such directions as he considers necessary for the purpose of ensuring compliance with this Part.
Power of
Director, etc.
to inspect, investigate and to issue summons.
122an. (1) The Director, Medical Officer of
Health or District Engineer shall have power at all times without the need for previous notice—
to enter and inspect any place of employment or any building which he believes is used by an employer for the housing of his employees or as a nursery or as a community hall;
to enter and inspect any place of employment or any building which he believes is used by an employer or centralized accommodation provider for the accommodation of the employees;
to enter and inspect any estate hospital, group estate hospital and clinic where employees are provided with medical attendance, care and treatment; and
to make such inquiry or investigation as he considers necessary in relation to any matter within the provisions of this Part.
In the course of an inspection under this Part, the Director, Medical Officer of
Health or District Engineer may—
put questions relating to matters covered under the provisions of this Part, either in private or in the presence of witnesses, as they may choose, to the owner or occupier of the place of employment, or his representative, to the employer of any employee employed thereat or his representative, to any person in charge of the employees, to the employees themselves and to any other person whose evidence he may consider necessary; and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;
require the employer to produce before him all or any of the employees employed by him together with any records, registers and documents relating to matters covered under the provisions of this Part including any contract of service, book of account of wages, register or any other document relating to such employees or their employment and to answer such questions in respect thereof as he may think fit to ask;
copy or make extracts from such record, contract of service, book of account of wages, register and any other document referred to in paragraph (b);
Labour Ordinance of Sarawak (Amendment)
take possession of such record, contract of service, book of account of wages, register and any other document where in his opinion—
the inspection, copying or the making of extracts from such record, contract of service, book of account of wages, register or any other document cannot reasonably be undertaken without taking possession of them;
As respects the power to inspect, inquire and investigate aforesaid, the Director may, by summons in the prescribed form, require any person, whom he has reason to believe to be able to give any information relevant to the matter in question, to give such information, and any person so summoned shall be bound to attend before the Director and to answer truthfully any question put to him by the
Director relating to the said matter.
Section 129 of this Ordinance shall apply to the service of a summons issued under this Part.
Appeals.
122ao. (1) Subject to subsection (2), any employer or centralized accommodation provider aggrieved by any order or decision made under this Part or any subsidiary legislation made thereunder may, within thirty days of such order or decision in writing being received by him, appeal to the Minister.
An appeal against the order or decision of an officer appointed under subsection (1a)
of section 3 or any suitable person appointed under section 122al shall not be brought to the Minister unless and until such appeal shall have first been brought to the Director within the time stipulated in subsection (1).
The decision of the Minister in respect of an appeal under this section shall be final.
Failure to comply with order under section 122b,
122e, 122i,
122l or 122p.
122ap. Any employer who fails to comply with any order made under section 122b, 122e,
122i, 122l or 122p commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”.
New sections 124ba and 124bb
The Ordinance is amended by inserting after section 124b the following sections:
“Jurisdiction.
124ba. (1) Notwithstanding the provisions of the Subordinate Courts Act 1948 [Act 92], all penalties for offences against this
Ordinance may be had and recovered in the
Sessions Court or the Court of a First Class
Magistrate on complaint by any person aggrieved or by the Director or any person authorized by him in writing in that behalf.
Labour Ordinance of Sarawak (Amendment)
Notwithstanding the provisions of any written law to the contrary, the Court of a
First Class Magistrate shall have jurisdiction to try any offence under this Ordinance and to award the full punishment for any such offence.
Court order for payments due to employee.
124bb. (1) Where an employer has been convicted of an offence relating to the payment of wages or any other payments payable to the employee under this Ordinance, the court before which he is convicted may order the employer to pay any payment due to the employee in relation to that offence.
Where an employer fails to comply with an order made under subsection (1), the court shall, on the application of the employee, issue a warrant to levy the employer’s property for any payments due under that subsection in the following manner:
by way of distress and sale of employer’s property in accordance with the same procedure of execution under the Rules of Court 2012
[P.U. (A) 205/2012] and this execution shall apply mutatis mutandis notwithstanding the amount in the order; or
in the same manner as a fine as provided under section 283
of the Criminal Procedure Code
[Act 593].”.
Amendment of section 125a
Section 125a of the Ordinance is amended by substituting for the words “and all officers” the words “, any officer or person”.
Substitution of section 125b
The Ordinance is amended by substituting for section 125b the following section:
“Protection of
Director and officers.
Quoted provision
No action shall lie or be brought, instituted or maintained in any court against—
the Director, the Deputy Director or any other officer duly appointed or authorized under this Ordinance for or on account of or in respect of any act ordered or done for the purpose of carrying out this Ordinance into effect;
any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director, the Deputy Director or any other officer duly appointed or authorized under this Ordinance; or
any officer or suitable person appointed under section 122al in respect of any act ordered or done for the purpose of carrying out
Part IVa into effect, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.”.
Amendment of section 127
Section 127 of the Ordinance is amended by inserting after the words “under section 8a” the words “, 9d or 19a”.
Labour Ordinance of Sarawak (Amendment)
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Amendment of section 129
Section 129 of the Ordinance is amended—
in paragraph (a), by inserting after the word
“summoned” the words “cannot be found and”;
and
in paragraph (2)(b), by substituting for the word “post”
the words “registered post”.
Amendment of section 130a
Section 130a of the Ordinance is amended—
by substituting for the words “of ten thousand ringgit”
the words “not exceeding fifty thousand ringgit”; and
by substituting for the words “of one hundred ringgit”
the words “not exceeding one thousand ringgit”.
Amendment of section 130c
Section 130c of the Ordinance is amended—
in paragraph (a), by substituting for the words “subsection (1)
of section 8a, subsection (1) of section 8c or subsection
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “one hundred ringgit”
the words “one thousand ringgit”.
Amendment of section 130d
Section 130d of the Ordinance is amended by substituting for the words “ten thousand ringgit” the words “fifty thousand ringgit”.
Amendment of section 130e
Section 130e of the Ordinance is amended—
in paragraph (c), by substituting for the words
“paragraph (a)” the words “paragraph (b)”; and
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”.
Amendment of section 130f
Subsection 130f(1) of the Ordinance is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by inserting after the word “both” the words “and, in the case of a second or subsequent offence, shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both”.
Deletion of section 130g
The Ordinance is amended by deleting section 130g.
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Amendment of section 130h
Section 130h of the Ordinance is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
in paragraph (aa), by substituting for the words
“Chapter XIa” the words “Chapter XIb”.
Amendment of section 130i
Section 130i of the Ordinance is amended by substituting for the words “ten thousand ringgit” the words “fifty thousand ringgit”.
Amendment of section 130j
Section 130j of the Ordinance is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”.
Amendment of section 130l
Section 130l of the Ordinance is amended—
by substituting for the words “ten thousand ringgit”
the words “fifty thousand ringgit”; and
by substituting for the words “six months” the words
“a term not exceeding one year”.
New section 130la
The Ordinance is amended by inserting after section 130l the following section:
“Offence by body corporate, etc.
130la. (1) Where an offence under this
Ordinance has been committed by a body corporate, partnership, society or trade union—
in the case of a body corporate, an officer as defined under the
Companies Act 2016 [Act 777] of the body corporate at the time of the commission of the offence;
in the case of a partnership, every partner in the partnership at the time of the commission of the offence; or
in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence, shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or the trade union.
If the body corporate, partnership, society or trade union is found guilty of the offence, the person referred to under paragraph (a), (b) or (c) of subsection (1)
shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in the capacity and to all circumstances, he proves—
that the offence was committed without his knowledge; or
Labour Ordinance of Sarawak (Amendment)
that the offence was committed without his consent or connivance and that he had taken all precautions and exercised due diligence to prevent the commission of the offence.”.
Substitution of section 130m
The Ordinance is amended by substituting for section 130m the following section:
“General penalty.
Quoted provision
Any person who contravenes any provisions of this Ordinance or any subsidiary legislation made thereunder, commits an offence, in respect of which no penalty is provided, shall be liable, on conviction to a fine not exceeding fifty thousand ringgit.
For the purposes of Part IVa, any person who contravenes any provisions of the Part or any subsidiary legislation made thereunder, commits an offence, in respect of which no penalty is provided, shall be liable, on conviction to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”.
Amendment of section 130n
Subsection 130n(1) of the Ordinance is amended—
by substituting for the words “may, compound” the words
“may compound, with the consent in writing of the
Public Prosecutor,”; and
by substituting for the words “any rule” the words
“any subsidiary legislation”.
Amendment of section 130o
Section 130o of the Ordinance is amended—
with the concurrence of the State Authority, make such rules to deal with any matter peculiar to the State of Sarawak;
after consultation with the State Authority, make such rules as may be necessary or expedient for giving full effect to the provisions of this
Ordinance, or for the further, better or more convenient implementation of the provisions of this Ordinance.”;
by inserting after the words “the Minister”
the words “, after consultation with the
State Authority,”;
by substituting for paragraph (h) the following paragraph:
“(h) prescribing fees to be paid for filing of claims under sections 8a, 9d and 19a and for copies of notes of evidence recorded under Chapters IIa and IIIa and section 19a;”;
in subparagraph (i), by inserting after the semi colon at the end of the subparagraph the word “and”;
Labour Ordinance of Sarawak (Amendment)
by substituting for paragraph (p) the following paragraph:
“(p) prescribing for the calculation of overtime for piece rated employees and matters relating to working at night under subsection (10) of section 105;”; and
by inserting after paragraph (p) the following paragraphs:
“(q) prescribing the procedure to inquire into complaints of sexual harassment under
Chapter IIIa;
by inserting after subsection (2) the following subsection:
“(2a) For the purposes of Part IVa, the Minister after consultation with the State Authority, may makes rules—
prescribing the minimum requirements for various classes of buildings (including temporary buildings) to be used for the housing of employees, or as nurseries or community halls, the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
prescribing the minimum requirements for various classes of buildings to be used for the accommodation and centralized accommodation of employees and the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
prescribing any class, category or description of employees that is required to be provided with accommodation under Chapter XVd;
prescribing the maximum rental or charges for accommodation that may be collected under
Chapter XVd;
prescribing the minimum equipment and staff for nurseries and the type and amount of milk, play equipment and play activity programmes to be provided for the dependants accommodated therein under section 122g;
in respect of clinics, the minimum equipment, surgical and medical appliances, drugs, staff and the types of services to be provided and the registers and records to be kept; and
in respect of water supply, the manner in which water is to be filtered and treated;
prescribing the procedure for the submission and approval of plans of buildings and their sites;
Labour Ordinance of Sarawak (Amendment)
prescribing the form of any register, summons or order required to be kept, issued or made under Part IVa; and
The Ordinance is amended by inserting after section 130o the following section:
“Amendment.
Quoted provision
Any amendment to this Ordinance shall only be made after consultation with the State Authority.”.
Substitution of Schedule
The Ordinance is amended by substituting for the Schedule the following schedule:
“First Schedule
[Subsection (1) of section 2]
Provision of the Ordinance Not
Applicable 1.
Any person who has entered into a contract of service 2.
Notwithstanding paragraph 1, the person whose wages exceeds four thousand ringgit a month
Definitions of “normal hours of work” and “overtime” in section 2, and subsections (6), (7), (8), (9)
and (10) of section 104, and subsection (6) of section 105, and subsections (2), (3), (4) and (5) of section 105c, and section 105f, and paragraph (r) of subsection (2)
of section 130o
Provision of the Ordinance Not
Applicable 3.
Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which—
he is engaged in manual labour including such labour as an artisan or apprentice:
Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity, such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period
he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes
he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work
he is engaged in any capacity in any vessel registered in
Malaysia and who—
Definitions of “approved incentive payment scheme”, “hourly rate of pay”, “normal hours of work”,
“ordinary rate of pay” and
“overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 104, 105,
105a, 105b, 105c, 105d, 105e and 105ea, and subsection (2) of section 106
is not an officer certificated under the
Merchant Shipping Acts of the United Kingdom as amended from time to time
Labour Ordinance of Sarawak (Amendment)
is not the holder of a local certificate as defined in Part VII of the Merchant Shipping
O r d i n a n c e 1 9 5 2
[Ordinance 70/1952]
has not entered into an agreement under
Part III of the Merchant
Shipping Ordinance 1952
he is engaged as a domestic employee
Definitions of “approved incentive payment scheme”, “hourly rate of pay”, “normal hours of work”,
“ordinary rate of pay” and
“overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 11 and 12, and subsections (1) and (2) of section 14, and sections 58 and 59, and Chapter XIb, and sections 103,
104, 105, 105a, 105c, 105d, 105e,
105ea and 105f, and subsection (2)
of section 106, and sections 119a,
119c, 119d and 119e, and Part IVa 4.
For the purposes of this First
Schedule, “wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment”.
New Second and Third Schedules
The Ordinance is amended by inserting after the First Schedule the following schedules:
“Second Schedule
[Subsection (6) of section 73]
Employment in which children or young persons shall not be required, permitted to be or engaged in—
Quoted provision
All kind of employment that make use of, procure, or offer children or young persons for prostitution.
Quoted provision
All kind of employment as social escorts or guest relation and any other related activities.
Quoted provision
All kind of employment that require children or young persons to involve in the production or trade of alcoholic beverages.
Quoted provision
All kind of employment related to gambling and lotteries activities.
Quoted provision
All kind of employment that require children or young persons to work in any activities related to massage services or reflexology services.
Quoted provision
All kind of employment that make use of, procure, or offer children or young persons for any kind of job related to pornography.
Quoted provision
All kind of employment that make use of, procure, or involve children or young persons for the production and trade of drugs, narcotics, psychotropic substances and other addictive substances which are prohibited under any written law in operation.
Quoted provision
All kind of activity that make use of, procure or involve children or young persons to conduct begging for gain.
Third Schedule
[Subsection (7) of section 73]
LIST OF HAZARDOUS WORK
A. WORK RELATED TO MACHINES, INSTALLATIONS AND OTHER
EQUIPMENT
Quoted provision
Machinery—
Any machine tools or production machine which can pose high risk such as drilling machines, grinding machines, cutting machines, lathes machines, scraping machines, power press machine, knitting machines, weaving machines, packaging machines and bottling machines;
Steam boiler or internal combustion engine such as diesel engines, turbines and engines for generating electricity;
Hoisting and loading machine such as lift, hoist, crane, escalators, conveyor belts, gondolas and forklift;
Heavy-duty machine such as tractors, rock breakers, graders, asphalt mixers, piling machine and agriculture machinery.
Labour Ordinance of Sarawak (Amendment)
Installations such as pressure pipe, electricity, firefighting system and electricity transmission lines.
B. WORK CONDUCTED IN A HAZARDOUS ENVIRONMENT
Work that is exposed to physical hazards—
Work in an environment with noise or vibration where intensity exceeds the permissible exposure limits;
Work that produces ionizing radiation or work in an environment with ionizing radiation;
Manual handling works which may pose high risk such as lifting, lowering, pushing, pulling, carrying or moving a load.
Work that is exposed to chemical hazards—
Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of hazardous chemical as defined in the Occupational Safety and Health (Classification,
Labelling and Safety Data Sheet of Hazardous Chemicals)
Regulations 2013 [P.U. (A) 310/2013];
Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of pesticides and scheduled waste as defined in the Pesticides Act 1974 [Act 149]
and the Environmental Quality (Scheduled Wastes)
Regulations 2005 [P.U. (A) 294/2005].
Work that is exposed to biological hazards—
Work in an environment that relates to germs, bacteria, viruses, fungi, parasites and other biological agents such as works in clinical laboratories, slaughter house, meat processing place and silo or storage for storing crops.
C. WORK INVOLVING CERTAIN HAZARDOUS CONDITION AND
OF HAZARDOUS NATURE
Construction work including construction of building, bridges, roads or irrigation project.
Work in timber industry such as cutting, transporting and unloading trees.
Work offshore such as working on a petroleum platform.
Work above or near water where the risk of drowning exists such as lifeguard, fishing activities and work in water treatment plan.”.
Saving and transitional
Any complaint, investigation, inquiry, trial, prosecution, proceedings or appeal done, taken or commenced under the
Ordinance immediately before the date of coming into operation of this Act, shall be dealt with, continued and concluded under and in accordance with the provisions of the Ordinance as if the
Ordinance had not been amended by this Act.
Any approval or permission granted under the Ordinance before the date of coming into operation of this Act shall continue to be valid until the expiry of the approval or permission as if the Ordinance had not been amended by this Act.
Any application for approval or permission of the Director which are pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be dealt with by the Director under the provisions of the Ordinance as amended by this Act.
Any order, notice, summons, form or directive made, issued or given under the Ordinance before the date of coming into operation of this Act shall, in so far as it is consistent with this
Act, continue to be valid and be deemed to have been made, issued or given under the provisions of the Ordinance as amended by this Act.
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