Malaysia legislation
Section 121y
Section 121y
In this Chapter—
“accommodation” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation and includes centralized accommodation;
“centralized accommodation” means any building used for the housing of employees employed by one or more employers;
“centralized accommodation provider”
means any person who provides and manages a centralized accommodation and supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees;
“person in charge of accommodation” means any person appointed by an employer or centralized accommodation provider to be responsible for the management of the accommodation, and safety and health of the employees and other amenities in the accommodation.
Requirement for accommodation. 121z. (1) The Minister may prescribe any class, category or description of employees that shall be provided with accommodation under this Chapter.
Labour Ordinance of Sabah (Amendment)
(2)
All employers, whose class, category or description of employees is prescribed by the
Minister, shall provide such employees with accommodation.
(3)
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.
121aa. (1) For the purposes of this Chapter, the Director shall have the following functions:
(a)
to administer and regulate all matters relating to an accommodation;
(b)
to direct employer or centralized accommodation provider to submit any information and documents relating to an employee’s accommodation;
(c)
to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation;
(d)
t o i s s u e a C e r t i f i c a t e f o r
Accommodation; and
(e)
to do anything incidental to any of his functions under this Chapter.
(2)
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.
(3)
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.
121ab. (1) No accommodation shall be provided to an employee unless certified with a Certificate for Accommodation.
(2)
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.
(3)
An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
(4)
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.
Employer to give notice of occupation.
121ac. (1) An employer shall, within thirty days from the date an accommodation is occupied by his employee, inform the Director of such occupation in the form and manner as may be determined by the Director.
(2)
Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Labour Ordinance of Sabah (Amendment)
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Accommodation to comply with minimum standards.
121ad. 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.
Power of
Director to direct replacement, alteration and repair of accommodation and amenities.
121ae. (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.
(2)
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.
(3)
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).
(4)
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.
121af. (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 121ae 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.
(2)
The Director may impose any conditions to the employer or centralized accommodation provider relating to the temporary accommodation provided to the employees under subsection (1).
(3)
Section 121ab shall not apply to temporary accommodation referred to in subsection (1).
(4)
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.
(5)
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).
Labour Ordinance of Sabah (Amendment)
(6)
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.
121ag. (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.
(2)
The sum collected under subsection (1)
shall be made by deductions from the wages of the employee.
Accommodation to comply with the laws of local authorities.
121ah. (1) Notwithstanding section 121ab, 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.
(2)
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.
121ai. 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.
121aj. An employer or a centralized accommodation provider who provides accommodation for an employee under this Chapter shall have the following duties and responsibilities:
(a)
to provide separate accommodation to employees of the opposite gender;
(b)
to take necessary preventive measures to ensure employees’ safety and well-being;
(c)
to take fire safety measures in accordance with the relevant written laws;
(d)
to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
(e)
to ensure that the employees receive the necessary medical assistance; and
(f)
to take preventive measures to contain the spread of infectious diseases as ordered by the Medical Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense, make arrangements as ordered by the Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease.
Maintenance.
121ak. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Chapter is maintained as directed by the Director.
Labour Ordinance of Sabah (Amendment)
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Appointment of person in charge of accommodation.
121al. (1) An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation provided under this Chapter, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Part or any regulations made thereunder.
(2)
It shall be the duty of the person in charge of accommodation—
(a)
to ensure that employees comply with any disciplinary rules as may be determined by the employer;
(b)
to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director in the place of employment; and
(c)
to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director in the place of employment.
Notice to vacate accommodation.
121am. (1) Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
(2)
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.
121an. 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.
Chapter XVd.
Regulations.
Power to make regulations.
121ao. (1) The Minister may, upon consultation with the State Authority, make such regulations as may be necessary or expedient for giving full effect to the provisions of this Part, or for the further, better or more convenient implementation of the provisions of this Part.
(2)
Without prejudice to the generality of subsection (1), regulations may be made—
(a)
to prescribe the minimum requirements for various classes of buildings
(including temporary buildings)
to be used for the housing of employees, or as nurseries or community halls, the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
Labour Ordinance of Sabah (Amendment)
(b)
to prescribe the minimum requirements for various classes of buildings to be used for the accommodation and centralized accommodation of employees and the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
(c)
to prescribe any class, category or description of employees that is required to be provided with accommodation under Chapter XVc;
(d)
to prescribe the maximum rental or charges for accommodation that may be collected under