AKTA ORDINAN BURUH SABAH (PINDAAN) 2025

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

General amendments

in sections 4, 5, 6, 96, 97, 108, 125, 128 and 129, by substituting for the word “Commissioner” wherever appearing the word “Director”;

LAWS OF MALAYSIA

LABOUR ORDINANCE OF SABAH (AMENDMENT)

ACT 2025

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in sections 4, 6, 10, 91, 96, 102 and 110, by substituting for the word “worker” wherever appearing the word

“employee”;

in subsection 96(2) and subsection 102(3), by substituting for the words “the Colony” wherever appearing the word

“Sabah”; and

in section 100 and paragraph 130o(2)(j), by substituting for the words “domestic servants” wherever appearing the words “domestic employees”.

Amendment of section 2

in subsection (1)—

by inserting after the definition of “agricultural undertaking” the following definition:

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

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;’;

in the definition of “contract of service”, by substituting for the word “other” the word

“employee”;

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”;

by inserting after the definition of “domestic servant” the following definition:

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

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in the definition of “employee”—

in paragraph (a), by substituting for the word “Schedule” the words

“First Schedule”; and

in paragraph (b), by substituting for the words “under subsection (7) of section 2a” the words “under subsection (7)

or section 2a”;

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—

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

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;’;

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—

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

or (b), and includes any place in which an employee is housed by an employer;’;

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

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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;’;

in paragraph (3)(c), by inserting after the words

“a daily” the words “or an hourly”;

in subsection (4), by inserting after the words

“on a daily” the words “or an hourly”; and

in subsection (6), by substituting for the word

“Schedule” the words “First Schedule, Second Schedule or Third Schedule”.

Substitution of section 2b

in the marginal note, by substituting for the words

“Commissioner of Labour” the words “Director of

Labour”;

in subsection (2)—

by substituting for the words “an order under

Chapter IIa” the words “a decision or order under section 7a or 7i, subsection (4) of section 7t or subsection (1) of section 18a or Part IVa”; and

Labour Ordinance of Sabah (Amendment)

by substituting for the word “fourteen” the words

“twenty-one”; and

in subsection (3), by substituting for the words

“Commissioner of Labour” the word “Director”.

Amendment of section 6

by an employee against another employee;

by an employee against any employer;

or

by an employer against an employee.

Inquiry into complaints of sexual harassment.

)  Subject to subsection (3), where an employer refuses to inquire into the complaint of sexual harassment as required under subsection (1), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing.

Labour Ordinance of Sabah (Amendment)

)  Notwithstanding subsection (2), an employer may refuse to inquire into any complaint of sexual harassment as required under subsection (1) if—

the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven;

or

the employer is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.

)  Any complainant who is dissatisfied with the refusal of the employer to inquire into his complaint of sexual harassment, may refer the matter to the Director.

)  The Director shall, after reviewing the matter referred to him under subsection (4)—

if he thinks the matter should be inquired into, direct the employer to conduct an inquiry; or

if he agrees with the decision of the employer not to conduct the inquiry, inform the person who referred the matter to him that no further action will be taken.

Findings of inquiry by employer.

in the case where the person against whom the complaint of sexual harassment is made is an employee, take disciplinary action which may include the following:

dismissing the employee without notice;

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downgrading the employee;

or

imposing any other lesser punishment as he deems just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of two weeks; and

in the case where the person against whom the complaint of sexual harassment is made is a person other than an employee, recommend that the person be brought before an appropriate disciplinary authority to which the person is subject to.

Complaints of sexual harassment made to the

Director.

)  The employer shall inquire into the complaint of sexual harassment when directed to do so under subsection (1) and submit a report of the inquiry to the Director within thirty days from the date of such direction.

)  If a complaint of sexual harassment received by the Director is made against an employer who is a sole proprietor, the Director shall inquire into such complaint himself in a manner prescribed by the Minister.

)  Upon inquiry by the Director of the complaint of sexual harassment under subsection (3), the Director shall decide whether sexual harassment is proven or not and such decision shall be informed to the complainant as soon as practicable.

Labour Ordinance of Sabah (Amendment)

)  Notwithstanding subsection (3), the Director may refuse to inquire into any complaint of sexual harassment received under subsection (3) if—

the complaint of sexual harassment has previously been inquired into by the Director and no sexual harassment has been proven; or

the Director is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.

)  Where the Director refuses to inquire into the complaint of sexual harassment received under subsection (3), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing.

Effect of decisions of the Director.

)  If the complainant terminates the contract of service under subsection (1), the complainant is entitled to—

wages as if the complainant has given the notice of the termination of contract of service; and

termination benefits and indemnity, as provided for under the Ordinance or the contract of service, as the case may be.

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Notice on sexual harassment.

to inquire into complaints of sexual harassment under subsection (1)

of section 7r;

to inform the complainant of the refusal and the reasons for the refusal as required under subsection (2) of section 7r;

to inquire into complaints of sexual harassment when directed to do so by the Director under paragraph (a)

of subsection (5) of section 7r or subsection (2) of section 7t;

to submit a report of inquiry into sexual harassment to the Director under subsection (2) of section 7t; or

to exhibit a notice to raise awareness on sexual harassment under section 7v, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.”.

Amendment of section 13

the husband of an employee;

the wife or wives of an employee;

a child, step-child or adopted child, who is unmarried and under the age of eighteen years, of an employee; or

Labour Ordinance of Sabah (Amendment)

natural or legally adoptive father or mother of an employee.”.

Amendment of section 18

)  An employer who fails to comply with any order of the Director issued under 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.

Forced labour.

to be harmful to his health, mental or physical capacity; or

to prejudice his attendance at school that includes any place which teaches any religion, his participation in vocational orientation or training programmes approved by the competent authority or his capacity to benefit from the instruction received;

“public entertainment” means entertainment to which the public or any section of the public is admitted or in connection with which any charge, whether for admission or not, is made or at which any collection or subscription is received and includes performances for the making of films for public exhibition other than news films but does not include any entertainment given by the pupils of any school registered under the Education Act 1996

[Act 550] at or under the auspices of such school, or any entertainment promoted by a voluntary, social or welfare body which has been approved by the Director.”.

Labour Ordinance of Sabah (Amendment)

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Amendment of section 72

by substituting for subsection (1) the following subsection:

“(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.”;

by inserting after subsection (1) the following subsection:

“(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.”;

in paragraph (2)(d), by inserting after the words

“a written apprenticeship contract” the words

“approved by the Director with whom a copy of such contract has been filed”;

by inserting after subsection (2) the following subsection:

“(2a)  The age of admission to light work as specified in paragraph (a) of subsection (2) shall not be less than thirteen years.”;

in subsection (3)—

by deleting paragraph (b);

in paragraph (c)—

by deleting the words “bars,”; and

by deleting the words “, club”;

in paragraph (e), by substituting for the colon at the end of the paragraph a full stop; and

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by deleting the provisos;

by substituting for subsection (5) the following subsection:

“(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 Electricity Supply

Act 1990 [Act 447] or the Occupational Safety and

Health Act 1994 [Act 514].”; and

by inserting after subsection (5) the following subsections:

“(6)  Notwithstanding subsections (2) and (3), no child or young person shall be, or 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.”.

Amendment of section 73b

by substituting for subsection (1) the following subsection:

“(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 this section in respect of the eligible period.”;

by substituting for subsection (2) the following subsection:

“(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.”; and

in subsection (7)—

by substituting for the words “this section”

the words “subsection (1)”; and

by substituting for the words “Chapter XVIb”

the words “paragraph (c) of subsection (2) of section 130o”.

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New section 86a

wilful breach of a condition of the contract of service under subsection (2) of section 12;

misconduct under subsection (1)

of section 13; or

closure of the employer’s business.

)  Where the service of a female employee under subsection (1) is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.”.

Amendment of section 91a

in the marginal note, by substituting for the word

“dismissal” the word “termination”; and

in subsection (2), by substituting for the word

“dismissed” the word “terminated”.

Labour Ordinance of Sabah (Amendment)

21

Amendment of section 96

in paragraph (1)(d), by substituting for the words

“by notice or otherwise” the words “by the employer”;

and

by inserting after subsection (6) the following subsection:

“(7)  For the purposes of this section, “dependant”

means—

the husband of an employee;

the wife or wives of an employee;

a child, step-child or adopted child, who is unmarried and under the age of eighteen years, of an employee; or

natural or legally adoptive father or mother of an employee.”.

Amendment of Chapter XIII

in subsection (1), by inserting after paragraph (e) the following paragraphs:

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

Security Act 1969 [Act 4];

and

Labour Ordinance of Sabah (Amendment)

by inserting after subsection (4) the following subsection:

“(5)  For the purposes of this section, “immediate family members” means the employee’s father, mother, spouse, children, siblings or any other person under the employee’s guardianship.”.

Amendment of section 103

in paragraph (1)(a)—

by substituting for the word “fourteen” the word

“fifteen”;

by substituting for the word “four” the word

“five”;

in subparagraph (iii), by deleting the word

“and” at the end of the subparagraph;

in subparagraph (iv), by substituting for the words “the Workers’ Day:” the words

“the Labour Day; and”; and

by inserting after subparagraph (iv) the following subparagraph:

“(v) the Malaysia Day:”; and

in paragraph (1)(b), by substituting for the proviso the following proviso:

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

a rest day; or

any other public holiday referred to in paragraphs (a) and (b),

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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.”.

Amendment of section 104

in the marginal note, by inserting after the word

“work” the words “and working at night”;

in subsection (1), by substituting for the words “forty-eight”

wherever appearing the words “forty-five”; and

in subsection (10), by inserting after the word “rates”

the words “and prescribing matters relating to working at night”.

Amendment of section 104a

in subsection (1), by substituting for the words “forty-eight”

wherever appearing the words “forty-five”; and

by inserting after the subsection (4) the following subsection:

“(5)  The Minister may make rules relating to the entitlement of allowance during shift work.”.

Amendment of section 104c

by deleting the first proviso; and

Labour Ordinance of Sabah (Amendment)

in the further proviso, by substituting for the words

“And provided further” the word “Provided”.

New section 104ea

)  The paternity leave under subsection (1)

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

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

he has been employed by the same employer at least twelve months immediately before the commencement of such paternity leave; and

he has notified his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth.

)  A married male employee referred to under subsection (1) employed on a monthly rate of pay shall be deemed to have received the paternity leave pay if he continues to receive his monthly wages during his abstention from work during the paternity leave without abatement in respect of the abstention for the month in which he takes such paternity leave.”.

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New section 107c

where he commenced employment after the first day of the month;

where his employment was terminated before the end of the month;

where he took leave of absence without pay for one or more days of the month; or

where he took leave of absence by reason of having been called up for national service under the National

Service Training Act 1952 [Act 425], to present himself for national service training as required under the National

Service Training Act 2003 [Act 628]

or to comply with any other written law relating to national service, shall be paid wages due to him for that month calculated according to the following formula:

Monthly wages x

Number of

Number of days of the particular wage period days eligible in the wage period.”.

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27

Substitution of section 108

)  Wages for work done on a rest day, gazetted public holiday referred to in paragraphs (a) and (b) of subsection (1)

of section 103 and overtime referred to in section 104 shall be paid not later than the last day of the next wage period.

)  Notwithstanding subsections (1) and (2), if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.”.

New sections 108a and 108b

the wages, less any deductions which the employer is entitled to make under section 113, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect; and

in addition, where the employer terminates the contract of service under subsection (1) of section 12, the indemnity payable to the employee under that subsection, shall be paid by the employer to the employee not later than the day on which such contract of service is so terminated.

)  Where an employee terminates his contract of service with an employer without notice in accordance with section 12 or subsection (3)

of section 13, the wages, less any deductions which the employer is entitled to make under section 113, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee not later than the third day after the day on which the contract of service is so terminated.”.

Labour Ordinance of Sabah (Amendment)

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Substitution of section 110

)  Every employee shall be entitled to recover in the courts so much of his wages, exclusive of sums lawfully deducted under section 113, as shall not have been actually paid to him in accordance with subsection (1).

)  For the purposes of this Chapter,

“financial institution” includes—

a licensed bank and an approved issuer of a designated payment instrument under the Financial

Services Act 2013 [Act 758];

a licensed Islamic bank and an approved issuer of a designated

Islamic payment instrument under the Islamic Financial Services Act 2013 [Act 759]; and

a prescribed institution under t h e D e v e l o p m e n t F i n a n c i a l

Institutions Act 2002 [Act 618].

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)  The Minister may, by order published in the Gazette, specify any approved issuer of a designated payment instrument or any approved issuer of a designated Islamic payment instrument under paragraphs (a) and (b)

of subsection (3) to be a recognized approved issuer of a designated payment instrument or approved issuer of a designated Islamic payment instrument for the purpose of payment of wages under this Ordinance.”.

Substitution of section 110a

in legal tender; or

by cheque made payable to or to the order of the employee.

)  The employer shall, upon the written request of his employee under subsection (1), obtain approval from the Director for the payment of wages to be paid in legal tender or by cheque.

)  The Director may impose any condition as he may deem fit on the approval granted under subsection (2).

Labour Ordinance of Sabah (Amendment)

)  The request by the employee under subsection (1) may be withdrawn by the employee, at any time, by notice in writing, to the employer.

)  The notice referred to in subsection (4)

shall take effect at, but not before, the end of the period of four weeks beginning with the day on which the notice is given.

)  The request of the employee to the mode of payment of wages under subsection

) shall not be unreasonably withheld by the employer upon obtaining the approval under subsection (2).

)  Any dispute arising out of the request by the employee under subsection (1)

shall be referred to the Director whose decision on the matter shall be final.

)  Section 7a shall not apply in respect of any dispute under subsection (7).”.

Amendment of section 116

in subsection (1), by substituting for the words

“or approved service” the words “, approved service or approved incentive payment scheme”; and

in subsection (2), by substituting for the words

“any amenity or service as an approved amenity or approved service” the words “any amenity, service or incentive payment scheme as an approved amenity, service or incentive payment scheme”.

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New section 116d

)  A contractor for labour referred to in subsection (1) who supplies any employee to a principal, contractor or subcontractor shall enter into a contract for labour and shall make such contract or any other document relating to such contract available for inspection.

)  If a contractor for labour referred to in subsection (1) supplies any employee, he shall keep or maintain one or more registers containing information regarding each employee supplied by him and shall make such registers available for inspection.

)  A contractor for labour shall submit the register under subsection (3) to the Director within fourteen days from the date on which the contract for labour was entered.

)  A contractor for labour who—

supplies his employee without registering with the Director as required under subsection (1);

fails to make such contract or any other document relating to such contract available for inspection as required under subsection (2);

Labour Ordinance of Sabah (Amendment)

fails to keep or maintain any register, or make available any register for inspection as required under subsection (3); or

fails to submit any register to the Director as required under subsection (4), commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.”.

Amendment of section 118a

by the employer;

by the non-resident employee;

by reason of the expiry of the employment pass 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 inform the Director of the termination in a manner as may be prescribed in the Licence to Employ

Non-Resident Employee under section 118 and paragraph (n)

of subsection (2) of section 130o of the Ordinance.

)  If a non-resident employee absconds from the place of employment, the employer shall, within fourteen days of the non-resident employee’s absence, inform the Director in the manner as may be determined by the Director.”.

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Deletion of section 118b

)  Where there is a collective agreement, any application made by employee under subsection (1) shall be consistent with the terms and conditions in the collective agreement.

Application for flexible working arrangement.

)  Upon application made under subsection (1), an employer shall, within sixty days from the date such application is received, approve or refuse the application.

)  The employer shall inform the employee in writing of the employer’s approval or refusal of the application under subsection (1) and in the case of a refusal, the employer shall state the ground of such refusal.”.

Labour Ordinance of Sabah (Amendment)

35

New Part IVa

a spouse of an employee;

a father or a mother—

including a stepfather or a stepmother of an employee;

of illegitimate child of an employee;

of any person by whom the employee was adopted in accordance with any written law relating to adoption;

a grandfather or a grandmother of an employee;

a child whether illegitimate child or a child adopted in accordance with any written law relating to adoption including stepchild of an employee;

a brother or a sister including a half-brother, a half-sister, a stepbrother or a stepsister of an employee;

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“District Engineer” means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public Works Department for that district and, for the purposes of subsection (1) of section 121ar, includes any officer authorized in writing in that behalf by the District Engineer;

“estate” means any agricultural land exceeding twenty hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated, or any mine or any other place of employment so declared by the Minister under section 121b;

“Medical Officer of Health” means any medical practitioner in the service of the

Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district, or local authority area, and includes the

Director General, the Deputy Director General of Health, the Director of Health Services, any Deputy Director of Health Services, any

State Director of Medical and Health Services and any State Deputy Director of Medical and Health Services and, for the purposes of subsection (1) of section 121ar, includes any officer authorized in writing in that behalf by the Medical Officer of Health;

“resident manager” means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed;

“resident registered medical practitioner”

means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed.

Labour Ordinance of Sabah (Amendment)

37

Power of

Minister to declare place of employment as an estate.

)  Any building, which immediately before the commencement of this Part was used for the housing of employees, as a nursery or as a community hall, by an employer and was erected or converted in accordance with the requirements of any written law in force at the time of its erection or conversion may continue to be used by such employer:

Provided that such building be converted to comply with the provisions of this Part or any regulations made thereunder.

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)  Notwithstanding the provision in subsection (2), the Director may, upon application by an employer, permit subject to any condition as he may impose, such building to continue to be used without conversion for such period as he deems fit.

)  Pursuant to any investigation carried out on any place of employment, where the Director is satisfied that any building, which immediately before or after the commencement of this Part, was used for the housing of employees or their dependants, or as a nursery or as a community hall, does not comply with the provisions of this Part or any regulations made under this Part, the Director may issue to the employer concerned a notice, of not less than three months, of his intention to order demolition and replacement, alteration, repair or making good any deficiency or defect thereof.

)  Where, upon the expiry of the notice under subsection (4), the employer fails to take such action as required to the satisfaction of the Director, the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair such building or to make good any deficiency or defect thereof within six months from the date of the order and subject to such conditions as the Director may specify in the order.

)  The order under subsection (5) may include a directive that no employee or his dependants shall be permitted to occupy any such building pending such demolition and replacement, alteration or repair, or the making

Labour Ordinance of Sabah (Amendment)

39

good of any defect or deficiency thereof, or until the requirements of the order have been complied with:

Provided that where an appeal has been made under section 121as in respect of the order issued under this subsection, then such order shall be suspended pending the determination of the appeal.

Supply of water and electricity and maintenance of houses.

to provide free and adequate piped water drawn from a public main, or where the Director so permits in writing, to provide free and adequate supply of potable piped water drawn from any other source which shall be filtered and treated in a manner approved by the Director;

to provide adequate electricity supply;

to ensure that the buildings are kept in a good state of repair and painted to present a satisfactory appearance;

and

to ensure that no unauthorized extensions or structural alterations are made to the buildings.

)  For the purposes of this section, the adequacy of water and electricity supply shall be as determined by the Director:

Provided that the Director may, if he is satisfied in any case that it is impracticable to provide piped water supply for each house, approve any other means of water supply:

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Provided further that the Director may, in any case where he is satisfied that the provision of electricity supply is not practicable or viable, exempt the employer in writing from the requirement of such provision.

)  Where water supply is drawn from a source other than a public main, the Director may, for the purpose of ensuring that the water supply is suitable for consumption, cause the

Medical Officer of Health to take samples of water supply for analysis and report, the costs of which shall be borne by the employer.

)  Where water supply is obtained from a public main and is piped to each house, the Director may, on application made to him, partly or wholly exempt the employer in writing from the requirement to provide free water supply to the employees subject to such conditions as the Director may impose.

)  Where any extension or structural alteration has been made to the buildings without the permission of the Director, the Director may, after giving one month’s notice, require the employer to have the extension or structural alteration demolished.

Erection of building intended to be used for the housing of employees, as a nursery or as a community hall.

)  The approving authority referred to in subsection (1) shall be—

in the case of a plan of a building, the local authority; and

in the case of a plan of the site of the building and of the sanitary arrangements, the Medical Officer of Health.

)  For the purpose of securing that the minimum standards required under this Part or any regulations made under this Part are complied with, the approving authority may approve such plans including their alterations, subject to such conditions as he may deem fit to impose thereon.

Building endangering health or safety.

by a Medical Officer of Health, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its design, site, size, sanitation, the quantity and quality of the water supply provided for the occupants of such buildings or other conditions, appears to the Director to be likely to endanger health; and

by the District Engineer, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its construction, state of repair or condition, appears to the Director to be likely to endanger the safety of any person.

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)  The Medical Officer of Health or the District Engineer or both, as the case may be, shall, after inspecting any building, estate hospital, group estate hospital or clinic under this section, submit to the Director a report of his or their findings, together with any recommendation made thereon relating to the necessary measures required to be taken in respect of such building, estate hospital, group estate hospital or clinic.

)  Subject to subsection (4), on receipt of such report referred to in subsection (2), the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair the building, estate hospital, group estate hospital or clinic or to make good any deficiency or defect within such time and subject to such conditions as the Director may specify in the order and such order may direct that no employee or his dependants shall be permitted to occupy any building, estate hospital, group estate hospital or clinic pending such demolition and replacement, alteration or repair or until the order has been complied with:

Provided that where an appeal has been made under section 121as in respect of the order, then such order shall be suspended pending the decision of the appeal.

)  No order under subsection (3) shall be issued unless a copy of the report under subsection (2) received by the Director has been furnished to the employer by the Director, and in making such order, the Director shall give due consideration to any representation that may be made by the employer in respect of the report.

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Building not originally built for the housing of employees.

)  An employer may make an application to the Director in the manner specified under subsection (3) for the approval for the purpose specified under subsection (1).

)  The application required to be made under subsection (2) shall be accompanied by a plan of the site of the building and a plan setting out the details of the building or of the conversion proposed to be made thereto and subsections (2) and (3) of section 121f shall apply to such plan as they apply to a plan of a building or of the site of a building mentioned in that section.

Nursery.

)  The employer shall maintain the nursery and shall accommodate therein the dependants of the employees during the period in which such employees are away working for the employer:

Provided that he shall not accommodate therein such dependants in excess of the number specified in the order mentioned in subsection (1).

) On each day a dependant is accommodated at the nursery, the employer, at his own expense, shall provide for such dependant with play equipment and a supply of milk—

in sufficient quantity; and

of good quality.

)  Any employer 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.

Allotment of land.

)  An employee residing on the place of employment who has been employed for a period of not less than six months by the employer aforesaid shall be entitled to have allotted to him an area of 250 square metres of the land so set aside.

)  If an area of land allotted for cultivation

(whether wholly or partly) shall remain unplanted for a period of six months from the date of the allotment, or if an employee uses the area of land allotted to him for a purpose different from that for which it was allotted, or if he does not use it at all for the purpose for which it was allotted, the employer may terminate such allotment and thereafter may allot such area of land to another employee.

)  In relation to the setting aside of land under this section—

land allotted to employees shall be situated as near as possible to the houses of the employees; and

land for grazing shall, except with the permission in writing of a

Medical Officer of Health, be situated at a distance of not less than 183 metres from the houses of the employees.

)  The Director may, for sufficient reason, exempt to such extent as may be stated in such exemption, any employer from compliance with this section on such terms and conditions and for such period as he may deem fit.

)  Any employer 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.

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)  For the purposes of this section, “place of employment” means an estate or such other place as may be prescribed by the Minister by notification in the Gazette to be a place of employment.

Community hall, sports and other recreational facilities.

to construct at the place of employment, within such reasonable time as may be specified, a community hall capable of accommodating such number of persons as may be specified; and

to provide facilities for sports and other recreational activities as may be specified.

)  The employer shall maintain the community hall, sports and other recreational facilities in a satisfactory condition as the Director thinks fit.

)  Any employer 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.

No rent or charge to be levied for benefits under this Chapter.

)  Where there is already a hospital maintained by the employer, the Director may, by order in writing, 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,

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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 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.

)  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 [Act 586]

and any regulations made thereunder.

Labour Ordinance of Sabah (Amendment)

)  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.

Duty to provide medical care, etc., and recovery of medical expenses.

)  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 a

Government 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 the

Government hospital, and the certificate of the

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 the Government hospital in respect of any employee or dependant shall be recoverable.

)  No expenses paid by an employer under subsection (1) shall be recoverable from the employee.

Transportation of sick employees to hospital.

to have every employee employed on an estate and any dependant of such employees who requires medical treatment 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 nearest Government hospital; and

to make arrangements and to provide appliances for the safe transport of a sick employee or any sick dependant of an employee to and from hospital as the Medical Officer of Health or any Medical Officer may, from time to time, require.

Labour Ordinance of Sabah (Amendment)

)  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 or a group estate hospital or a 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.

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 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.

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)  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];

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 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.

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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

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

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

for the treatment of any employee suffering from such disease.

)  It shall be lawful for the Medical Officer of Health or Medical Officer 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 or a Medical Officer if at any time it appears to the Medical Officer of Health or a Medical Officer—

that an employee employed on any estate is suffering from any infectious disease; or

that it is otherwise necessary in the interest of public health or of the health of any other employee employed on the estate.

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Power of

Medical

Officer of

Health to order immunization against infectious disease.

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

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functions of a medical assistant or any other responsible person authorized by the employer who shall report to the resident manager 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 resident manager accordingly.

)  The findings of the medical assistant or any other authorized person 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, referred to in subsection (2)

are not satisfactorily carried out, he may notify the resident manager accordingly, specifying the matters in respect whereof he is not satisfied, and the resident manager shall thereupon make further or other arrangements as the Medical Officer of Health may require.

Onus of proof.

)  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.

121aa.  (1)  For the purposes of this Chapter, the Director shall have the following functions:

to administer and regulate all matters relating to an accommodation;

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

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

t o i s s u e a C e r t i f i c a t e f o r

Accommodation; 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.

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)  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.

)  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.

)  An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

)  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.

)  Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

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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.

)  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.

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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.

)  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).

)  Section 121ab 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).

Labour Ordinance of Sabah (Amendment)

)  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.

)  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.

)  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.

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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:

to provide separate accommodation to employees of the opposite gender;

to take necessary preventive measures to ensure employees’ safety and well-being;

to take fire safety measures in accordance with the relevant written laws;

to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;

to ensure that the employees receive the necessary medical assistance; and

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.

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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.

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

to ensure that employees comply with any disciplinary rules as may be determined by the employer;

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

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.

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