Akta Ordinan Buruh Sarawak (Pindaan) 2025

Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta dan Menteri boleh menetapkan tarikh yang berlainan bagi permulaan kuat kuasa peruntukan yang berlainan dalam Akta ini.

Pindaan am

dengan menggantikan perkataan “worker” di mana-mana jua terdapat dengan perkataan “employee”;

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dengan menggantikan perkataan “domestic servant”

di mana-mana jua terdapat dengan perkataan “domestic employee”; dan

dengan menggantikan perkataan “domestic servants”

di mana-mana jua terdapat dengan perkataan “domestic employees”.

Pindaan seksyen 2

dalam subseksyen (1)—

dengan memasukkan selepas takrif “agricultural undertaking” takrif yang berikut:

‘ “apprentice” means any person who has entered into an apprenticeship contract;’;

dalam takrif “contract of service”, dengan menggantikan perkataan “other” dengan perkataan

“employee”;

dalam peranggan (a), dengan menggantikan perkataan “Schedule” dengan perkataan

“First Schedule”; dan

dalam perenggan (b), dengan menggantikan perkataan “of section” dengan perkataan

“or section”;

dalam takrif “Minister”, dengan menggantikan perkataan “responsible for labour matters” dengan perkataan “charged with the responsibility for human resources”;

the number of hours of work carried out in excess of the normal hours of work per day; or

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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;’;

any place where work is carried on for an employer by an employee;

any place declared by the Minister under paragraph (d) of subsection (7); or

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;’;

dalam perenggan (3)(c), dengan memasukkan selepas perkataan “a daily” perkataan “or an hourly”;

dalam subseksyen (4), dengan memasukkan selepas perkataan “on a daily” perkataan “or an hourly”; dan

dalam subseksyen (6)—

dengan memasukkan selepas perkataan “order”

perkataan “published in the Gazette”; dan

dalam subseksyen (2)—

dengan menggantikan perkataan “an order under

Chapter IIa” dengan perkataan “a directive, decision or order under section 8a or 8i, subsection (4) of section 9d or subsection (1)

of section 19a or Part IVa”; dan

dengan memotong subseksyen (3).

dalam perenggan (a), dengan memasukkan selepas koma bernoktah di hujung perenggan itu perkataan “or”;

dan

dengan memotong perenggan (b).

dengan menggantikan perkataan “section 8a, 8c or 8d”

dengan perkataan “section 8a or 19a”; dan

dengan menggantikan perkataan “subcontractor for labour”

di mana-mana jua terdapat dengan perkataan “contractor for labour”.

dengan menggantikan subseksyen (1) dengan subseksyen yang berikut:

“(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.”;

dengan memasukkan selepas subseksyen (1) subseksyen yang berikut:

“(1a)  Notwithstanding subsection (1), a young person may be engaged in any hazardous work with personal supervision if he is—

under an apprenticeship contract; or

undergoing a vocational training.”;

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dalam subseksyen (3)—

dengan memotong perenggan (b);

dengan memotong perkataan “bars,”;

dan

dengan memotong perkataan “, club”;

dengan menggantikan subseksyen (5) dengan subseksyen yang berikut:

“(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].”; dan

dengan memasukkan selepas subseksyen (5) subseksyen yang berikut:

“(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.”.

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dengan menggantikan subseksyen (1) dengan subseksyen yang berikut:

“(1)  Every female employee shall be entitled—

to maternity leave for an eligible period in respect of each confinement; and

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.”;

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dengan menggantikan subseksyen (2) dengan subseksyen yang berikut:

“(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.”;

dalam subseksyen (7)—

dengan menggantikan perkataan “this section”

dengan perkataan “subsection (1)”; dan

dengan menggantikan subseksyen (11) dengan subseksyen yang berikut:

“(11)  For the purposes of this Chapter—

“children” means all natural children, irrespective of age;

“eligible period” means a period of maternity leave of not less than ninety-eight consecutive days.”.

Pindaan seksyen 92a

dalam nota birai, dengan menggantikan perkataan “dismissal”

dengan perkataan “termination”; dan

dalam subseksyen (2), dengan menggantikan perkataan

“dismissed” dengan perkataan “terminated”.

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dalam nota birai, dengan menggantikan perkataan

“worker” dengan perkataan “employee”; dan

dalam subseksyen (1), dengan menggantikan perenggan (e) dengan perenggan yang berikut:

“(e)  upon—

expiry of the Licence To Employ

Non-Resident Employee; or

dalam subseksyen (1), dengan memasukkan selepas perenggan (e) perenggan yang berikut:

“(ea) to enable him to purchase a computer;

(eb) to enable him to pay for medical expenses for himself or his immediate family members;

(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;”;

dan

dengan memasukkan selepas subseksyen (1) subseksyen yang berikut:

“(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.”.

Pindaan seksyen 104

dalam perenggan (a)—

dengan menggantikan perkataan “sixteen” dengan perkataan “eighteen”;

dengan memasukkan selepas subperenggan (iv)

subperenggan yang berikut:

“(v)  the Malaysia Day; and

dalam perenggan (b), dengan menggantikan proviso dengan proviso yang berikut:

“Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on—

a rest day; or

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.”.

Pindaan seksyen 105

dalam nota birai, dengan memasukkan selepas perkataan

“work” perkataan “and working at night”;

dalam subseksyen (1), dengan menggantikan perkataan

“forty-eight” di mana-mana jua terdapat dengan perkataan

“forty-five”; dan

dalam subseksyen (10), dengan memasukkan selepas perkataan “rates” perkataan “and prescribing matters relating to working at night”.

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dengan memotong proviso pertama; dan

dalam proviso lanjut, dengan menggantikan perkataan

“And provided further” dengan perkataan “Provided”.

The paternity leave under subsection (1)

shall be restricted to five confinements irrespective of the number of spouses.

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A married male employee shall be entitled to paternity leave from his employer if—

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.”.

dalam subseksyen (1), dengan memasukkan selepas perkataan “approved service” perkataan “or any approved incentive payment scheme”; dan

dalam subseksyen (2)—

dengan memasukkan selepas perkataan “approved in writing any amenity or service” perkataan “or any incentive payment scheme”; dan

by his employer;

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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.”.

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.

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.

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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.

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.

Sick employees being admitted to hospital.

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.

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Transportation of sick employees to hospital.

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.

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Medical treatment in estate on which a hospital is not maintained.

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.

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];

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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.

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

Ordinan Buruh Sarawak (Pindaan)

to make at his own expense such arrangements as deemed necessary to the Medical Officer of Health—

for the maintenance of all the employees while so segregated; and

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—

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.

Ordinan Buruh Sarawak (Pindaan)

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 (2)

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.

Chapter XVd.

ACCOMMODATIONS.

Application.

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.

to administer and regulate all matters relating to an accommodation;

Ordinan Buruh Sarawak (Pindaan)

to direct employer or centralized accommodation provider to submit any information and documents relating to an em ployee’s accommodation;

to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation;

to issue a Certificate for Accommodation subject to any written law applicable;

and

to do anything incidental to any of his functions under this Chapter.

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)

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.

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.

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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.

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.

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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.

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.

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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.

Ordinan Buruh Sarawak (Pindaan)

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:

It shall be the duty of the person in charge of accommodation—

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—

In the course of an inspection under this Part, the Director, Medical Officer of

Health or District Engineer may—

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.

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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.”.

Seksyen baharu 124ba dan 124bb

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:

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.”.

Pindaan seksyen 127

dalam subseksyen (1)—

dengan menggantikan perkataan “A summons”

dengan perkataan “Any summons”;

dalam perenggan (2)(b), dengan menggantikan perkataan

“post” dengan perkataan “registered post”.

Pindaan seksyen 130a

dengan menggantikan perkataan “of ten thousand ringgit”

dengan perkataan “not exceeding fifty thousand ringgit”;

dan

dengan menggantikan perkataan “of one hundred ringgit”

dengan perkataan “not exceeding one thousand ringgit”.

Pindaan seksyen 130c

dalam perenggan (a), dengan menggantikan perkataan

“subsection (1) of section 8a, subsection (1) of section 8c or subsection (1) of section 8d” dengan perkataan

“Chapter IIa”;

Ordinan Buruh Sarawak (Pindaan)

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”; dan

dengan menggantikan perkataan “one hundred ringgit”

dengan perkataan “one thousand ringgit”.

Pindaan seksyen 130d

dalam perenggan (c), dengan menggantikan perkataan

“paragraph (a)” dengan perkataan “paragraph (b)”; dan

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”.

Pindaan seksyen 130f

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”; dan

dengan memasukkan selepas perkataan “both” perkataan

“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”.

dalam perenggan (d), dengan menggantikan perkataan

“dismisses” dengan perkataan “terminates”;

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”; dan

dalam perenggan (aa), dengan menggantikan perkataan

“Chapter XIa” dengan perkataan “Chapter XIb”.

Pindaan seksyen 130i

dalam perenggan (f), dengan menggantikan perkataan

“employer” dengan perkataan “employee”; dan

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”.

Pindaan seksyen 130l

dengan menggantikan perkataan “ten thousand ringgit”

dengan perkataan “fifty thousand ringgit”; dan

dengan menggantikan perkataan “six months” dengan perkataan “a term not exceeding one year”.

Ordinan Buruh Sarawak (Pindaan)

79

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—

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.”.

Pindaan seksyen 130n

dengan menggantikan perkataan “may, compound”

dengan perkataan “may compound, with the consent in writing of the Public Prosecutor,”; dan

dengan menggantikan perkataan “any rule” dengan perkataan

“any subsidiary legislation”.

Pindaan seksyen 130o

dengan menggantikan subseksyen (1) dengan subseksyen yang berikut:

“(1)  The Minister may—

with the concurrence of the State Authority, make such rules to deal with any matter peculiar to the State of Sarawak;

Ordinan Buruh Sarawak (Pindaan)

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.”;

dalam subseksyen (2)—

dengan memasukkan selepas perkataan “the

Minister” perkataan “, after consultation with the State Authority,”;