Section 105 — LABOUR ORDINANCE [SARAWAK CAP. 76]

(a)

more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

(b)

more than eight hours in one day;

(c)

in excess of a spread over period of ten hours in one day;

(d)

more than forty-eight hours in one week:

Provided that—

(aa) for the purpose of paragraph (a), any break of less than thirty minutes in the five consecutive hours shall not break the continuity of that five consecutive hours;

(ab) an employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than forty-five minutes in the aggregate during which he shall have the opportunity to have a meal; and

(ac) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight hours in one week.

(2)

The Director may, on the written application of an employer, grant permission to the employer to enter into a contract of service with any one or more of his employees, or with any class, category or description of his employees, requiring the employee or employees, or the class, category or description of employees, as the case may be, to

Labour 71

work in excess of the limit of hours prescribed under paragraphs (a),

(b)

, (c) and (d) of subsection (1) but subject to such conditions, if any, as the Director may deem proper to impose, if he is satisfied that there are special circumstances pertaining to the business or undertaking of the employer which renders it necessary or expedient to grant such permission; and the Director may at any time revoke the approval given under this subsection if he has reason to believe that it is expedient to do so.

(3)

Any person who is dissatisfied with any decision of the Director under subsection (2) may, within thirty days of such decision being communicated to him, appeal in writing to the Minister.

(4)

On an appeal made to him under subsection (3), the Minister may make such decision or order as appears just, and such decision or order shall be final.

(5)

An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day in the case of—

(a)

any accident, actual or threatened, in or with respect to his place of work;

(b)

any work, the performance of which is essential to the life of the community;

(c)

work essential for the defence or security of Malaysia;

(d)

urgent work to be done to machinery or plant;

(e)

any interruption of work which was impossible to foresee;

or

(f)

work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations

Act 1967:

72

Provided that the Director shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in paragraphs (a) to (f).

(6)

For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate which is not less than one and a half times his hourly rate of pay irrespective of the basis on which his rate of pay is fixed.

(7)

No employer shall require or permit an employee to work overtime exceeding such limit as may be prescribed by the Minister from time to time by rules made under this Ordinance and the rules so made may provide different limits for different classes, categories or descriptions of employees, and such rules may also provide for such classes, categories or description of employees, as may be specified, to be excluded from their application:

Provided that any work carried out on a rest day, or any of the gazetted public holidays referred to in subsection (1) of section 104, or on any paid holiday substituted therefor under section 104, shall not be construed as overtime work for the purposes of this subsection:

And provided further that the Director may, on application made to him in writing by an employer or by an employee or a group of employees, permit any particular employee, or any group, class, category or description of employees in any particular industry, undertaking or establishment to work overtime in excess of the limit of hours so prescribed, subject to such conditions, if any, as he may deem proper to impose.

(8)

Any person who is dissatisfied with any decision of the Director made under subsection (7) may, within thirty days of such decision being communicated to him, appeal in writing to the Minister.

(9)

In deciding any appeal made to him under subsection (8), the

Minister may make such decision or order as appears just and such decision or order shall be final.

(10)

The Minister may make rules for the purpose of calculating the payment due for overtime to an employee employed on piece rates.

Labour 73

(11)

Except in the circumstances described in paragraphs (a), (b),

(c)

, (d) and (e) of subsection (5), no employer shall require any employee under any circumstances to work for more than twelve hours in any one day.

(12)

This section shall not apply to employees engaged in work which by its nature involves long hours of inactive or stand-by employment.

(13)

For the purposes of this Chapter, “hours of work” means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements.

Shift work