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Section 26

New section 92b

of Labour Ordinance of Sarawak (Amendment) Act 2025

Amendment ActIn forceProvision 26 of 91
Section 26

The Ordinance is amended by inserting after section 92a the following section:

“Restriction on termination of pregnant female employee.

Quoted provision

Section 92b

(1)

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—

(a)

wilful breach of a condition of the contract of service under subsection (2) of section 13;

Labour Ordinance of Sarawak (Amendment)

(b)

misconduct under subsection (1)

of section 14; or

(c)

closure of the employer’s business.

(2)

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