Section 3

in the definition of “apprenticeship contract”, by substituting for the words “shall not be less than two years” the words “shall be for a minimum period of six months and a maximum period of twenty-four months”;

in the definition of “confinement”, by substituting for the words “twenty-eight weeks” the words

“twenty-two weeks”;

by inserting after the definition of “confinement”

the following definition:

‘  “constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or

Labour Ordinance of Sabah (Amendment)

5

which is carrying out such constructional work for or on behalf of some other person under a contract entered into by him or them with such other person, and includes his or their heirs, executors, administrators, assignees and successors;’;

by inserting after the definition of “contractor”

the following definition:

‘  “contractor for labour” means a person who contracts with a principal, contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work which a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be;’;

by deleting the definition of “dependants”;

by substituting for the definition of “Director”

the following definition:

‘  “Director” means the Director of Labour appointed under subsection (1) of section 3

and for the purposes of Part IVa, includes any suitable person who has been appointed under section 121ap;’;

in the definition of “domestic servant”, by substituting for the words “domestic servant”

the words “domestic employee”;

in the definition of “employee”—

by deleting the definition of “family”;

in the definition of “Minister”, by substituting for the words “responsible for labour matters”

the words “charged with the responsibility for human resources”;

by substituting for the definition of “overtime”

the following definition:

‘  “overtime” means—

by substituting for the definition of

“part-time employee” the following definition:

‘  “part-time employee” means a person included in the First Schedule whose average hours of work per week as agreed between him and his employer are more than thirty per centum but do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed in a similar capacity in the same enterprise;’;

Labour Ordinance of Sabah (Amendment)

by substituting for the definition of “place of employment” the following definition:

‘  “place of employment”, except for section 121j, means—

by deleting the definition of “recruit”;

by inserting after the definition of “repatriation”

the following definition:

‘  “sexual harassment” means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;’;

by deleting the definition of “ship”;

by inserting after the deleted definition of “ship” the following definition:

‘ “spread over period of ten hours” means a period of ten consecutive hours to be reckoned from the time the employee commences work for the day, inclusive of any period or periods of leisure, rest or break within such period of ten consecutive hours;’; and

by inserting after the definition of

“underground work” the following definition:

‘  “vessel” means any type of ship, boat or floating platform used in the maritime environment including any submersible craft;’;