Section 13 — AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025

Quoted provision

Seksyen 9a

For the purposes of this Chapter,

“complaint of sexual harassment” means any complaint relating to sexual harassment made—

(a)

by an employee against another employee;

(b)

by an employee against any employer;

or

(c)

by an employer against an employee.

Inquiry into complaints of sexual harassment.

Quoted provision

Seksyen 9b

(2)

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.

Ordinan Buruh Sarawak (Pindaan)

(3)

Notwithstanding subsection (2), an employer may refuse to inquire into any complaint of sexual harassment as required under subsection (1) if—

(a)

the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven; or

(b)

the employer is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.

(4)

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.

(5)

The Director shall, after reviewing the matter referred to him under subsection (4)—

(a)

if he thinks the matter should be inquired into, direct the employer to conduct an inquiry; or

(b)

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

Seksyen 9c

(a)

in the case where the person against whom the complaint of sexual harassment is made is an employee,

Undang-Undang Malaysia 12

Akta A1754

take disciplinary action which may include the following:

(i)

dismissing the employee without notice;

(ii)

downgrading the employee;

or

(iii)

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

(b)

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

Seksyen 9d

(2)

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.

(3)

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.

Ordinan Buruh Sarawak (Pindaan)

(4)

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.

(5)

Notwithstanding subsection (3), the

Director may refuse to inquire into any complaint of sexual harassment received under subsection (3) if—

(a)

the complaint of sexual harassment has previously been inquired into by the Director and no sexual harassment has been proven; or

(b)

the Director is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.

(6)

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

Seksyen 9e

(2)

If the complainant terminates the contract of service under subsection (1), the complainant is entitled to—

(a)

wages as if the complainant has given the notice of the termination of contract of service; and

(b)

termination benefits and indemnity, as provided for under the Ordinance or the contract of service, as the case may be.

Offence.

Quoted provision

Seksyen 9f

Akta A1754

(a)

to inquire into complaints of sexual harassment under subsection (1) of section 9b;

(b)

to inform the complainant of the refusal and the reasons for the refusal as required under subsection (2) of section 9b;

(c)

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

(d)

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.

Ordinan Buruh Sarawak (Pindaan)

15

Right of employee to appear or attend inquiry under this Chapter.

Quoted provision

Seksyen 9g

(2)

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.

Notice on sexual harassment.

Quoted provision

Seksyen 9h

An employer shall, at all times, exhibit conspicuously at the place of employment, a notice to raise awareness on sexual harassment.”.

Seksyen baharu 10d