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Section 118

[Deleted by Act A1237.]

of Labour Ordinance, 1952

State OrdinanceIn forceProvision 82 of 97
Section 118

Employment of non-resident employee and priority for resident employee 119.—

(1)

No person shall employ any non-resident employee unless he has obtained from the Director a Licence to Employ Non-Resident Employee.

(2)

The power of the Director to issue a Licence to Employ

Non-Resident Employee shall be subject to the laws on immigration applicable to Sarawak and such Licence shall be in such form and subject to such conditions as may be prescribed.

[Sub. Act A1237.]

For Reference Only

Sarawak Lawnet 90

Duty to furnish information and returns 119A.—

(1)

An employer who employs a non-resident employee shall, within fourteen days of the employment, furnish the nearest office of the Director with the particulars of the non-resident employee in such manner as may be determined by the Director.

(2)

An employer or any specified class or classes of employers, whenever required to do so by the Director, shall furnish returns of particulars relating to the employment of a non-resident employee in such manner and at such intervals as the Director may direct.

Director may inquire into complaint 119B.

The Director may inquire into any complaint from a resident employee that he is being discriminated against in relation to a non-resident employee, or from a non-resident employee that he is being discriminated against in relation to a resident employee, by his employer in respect of the terms and conditions of his employment;

and the Director may issue to the employer such directives as may be necessary or expedient to resolve the matter.

Prohibition on termination of resident employee for non-resident employee 119C.

No employer shall terminate the contract of service of a resident employee for the purpose of employing a non-resident employee.

Termination of employment by reason of redundancy 119D.

Where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a resident employee unless he has first terminated the services of all non-resident employees employed by him in a capacity similar to that of the resident employee.

Permanent resident exempted from this Chapter 119E.

For the purposes of this Chapter, the term “non-resident employee” shall not include a non-resident employee who is a permanent resident of Sarawak.

For Reference Only

Sarawak Lawnet

91 120.

[Deleted by Act A1237.]