Malaysia legislation

Section 122a

of LABOUR ORDINANCE OF SARAWAK (AMENDMENT) ACT 2025

Section 122a

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—

(a)

as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and

(b)

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—

(a)

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)

(b)

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.

Section 122a — AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025