AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025

Labour Ordinance of Sarawak (Amendment)

1 LAWS OF MALAYSIA LABOUR ORDINANCE OF SARAWAK (AMENDMENT) ACT 2025 Laws of Malaysia 2 Date of Royal Assent ... ... 20 March 2025 Date of publication in the ... ... 14 April 2025 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Labour Ordinance of Sarawak (Amendment) 3 LAWS OF MALAYSIA LABOUR ORDINANCE OF SARAWAK (AMENDMENT) ACT 2025

An Act to amend the Labour Ordinance of Sarawak. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

This Act may be cited as the Labour Ordinance of

Sarawak (Amendment) Act 2025.

(2) 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

The Labour Ordinance of Sarawak [Sarawak Cap. 76], which is referred to as the “Ordinance”...

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(a) by substituting for the word “worker” wherever appearing the word “employee”;

(b) by substituting for the words “domestic servant” wherever appearing the words “domestic employee”; and Laws of Malaysia 4

(c) by substituting for the words “domestic servants” wherever appearing the words “domestic employees”. Amendment of section 2

Section 2 of the Ordinance is amended—

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(a) in subsection (1)—

(i) by inserting after the definition of “agricultural undertaking” the following definition:   ‘ “apprentice” means any person who has entered into an apprenticeship contract;’;

(ii) 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”;

(iii) in the definition of “confinement”, by substituting for the words “twenty-eight weeks” the words “twenty-two weeks”;

(iv) 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 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;’;

(v) in the definition of “contract of service”, by substituting for the word “other” the word “employee”; Labour Ordinance of Sarawak (Amendment)

(vi) 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;’;

(vii) 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 officer or any suitable person who has been appointed under section 122al;’;

(viii) in the definition of “employee”—

(A) in paragraph (a), by substituting for the word “Schedule” the words “First Schedule”; and

(B) in paragraph (b), by substituting for the words “of section” the words “or section”;

(ix) by deleting the definition of “family”;

(x) in the definition of “Minister”, by substituting for the words “responsible for labour matters” the words “charged with the responsibility for human resources”;

(xi) by substituting for the definition of “overtime” the following definition:   ‘ “overtime” means—

(a) the number of hours of work carried out in excess of the normal hours of work per day; or Laws of Malaysia 6

(b) 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;’;

(xii) 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 do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed by the same employer in a similar capacity;’;

(xiii) by substituting for the definition of “place of employment” the following definition: ‘ “place of employment”, except for section 122h, means—

(a) any place where work is carried on for an employer by an employee;

(b) any place declared by the Minister under paragraph (d) of subsection (7); or

(c) for the purposes of Part IVa, any place specified under paragraph (a) or (b), and includes any place in which an employee is housed by an employer;’;

(xiv) by deleting the definition of “recruit”;

(xv) 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, Labour Ordinance of Sarawak (Amendment) 7 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;’;

(xvi) by deleting the definition of “ship”;

(xvii) by inserting after the deleted definition of “ship” the following definitions:   ‘ “spread over period of ten hours” means a period of ten consecutive hours to be reckoned from the time of 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;   “State Authority” means the Yang di-Pertua Negeri of the State of Sarawak;’;

(xviii) by deleting the definition of “subcontractor for labour”; and

(xix) 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;’;

(b) in paragraph (3)(c), by inserting after the words “a daily” the words “or an hourly”;

(c) in subsection (4), by inserting after the words “on a daily” the words “or an hourly”; and

(d) in subsection (6)—

(i) by inserting after the word “order” the words “published in the Gazette”; and Laws of Malaysia 8

(ii) by substituting for the word “Schedule” the words “First Schedule, Second Schedule or Third Schedule”. Substitution of section 2b

The Ordinance is amended by substituting for section 2b the following section:

“General power to exempt or exclude.

The Minister may, by order published in the Gazette, exempt or exclude, subject to such con...

Amendment of section 3

Section 3 of the Ordinance is amended—

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(a) in subsection (2)—

(i) by substituting for the words “an order under Chapter IIa” the words “a directive, decision or order under section 8a or 8i, subsection (4) of section 9d or subsection (1) of section 19a or Part IVa”; and

(ii) by substituting for the word “fourteen” the words “twenty-one”; and

(b) by deleting subsection (3). Amendment of section 7

Section 7 of the Ordinance is amended by deleting subsection (2).

Labour Ordinance of Sarawak (Amendment) 9 Amendment of section 8a

The Ordinance is amended by substituting for paragraph 8a(2)(b)

the following paragraph: “(b) a contractor for labour against a principal, contractor or subcontractor for any sum of money which the contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or”. Amendment of section 8b

Section 8b of the Ordinance is amended—

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(a) in paragraph (a), by inserting after the semi colon at the end of the paragraph the word “or”; and

(b) by deleting paragraph (b). Deletion of sections 8c, 8d and 8e

The Ordinance is amended by deleting sections 8c, 8d and 8e.

Amendment of section 8f

Section 8f of the Ordinance is amended by substituting for the words “sections 8a, 8c and 8...

Amendment of section 8i

Subsection 8i(1) of the Ordinance is amended—

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(a) by substituting for the words “section 8a, 8c or 8d” the words “section 8a or 19a”; and

(b) by substituting for the words “subcontractor for labour” wherever appearing the words “contractor for labour”. Laws of Malaysia 10 Amendment of section 8m

Subsection 8m(1) of the Ordinance is amended by substituting for the words “section 8a, 8c,...

New Chapter IIIa

The Ordinance is amended by inserting after section 9

the following chapter: “Chapter IIIa. SEXUAL HARASSMENT. Interpretation.

For the purposes of this Chapter,

“complaint of sexual harassment” means any complaint relating to sexual harassment made—

(a) by an employee against another employee;

(b) by an employee against any employer; or

(c) by an employer against an employee. Inquiry into complaints of sexual harassment.

Upon receipt of a complaint of sexual harassment by any person mentioned in section 9a, an...

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(2) 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 Sarawak (Amendment)

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

(a) the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven; or

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

(4) 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.

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

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

(b) 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.

Where the employer conducts an inquiry into a complaint of sexual harassment received under...

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(a) in the case where the person against whom the complaint of sexual harassment is made is an employee, Laws of Malaysia 12 take disciplinary action which may include the following:

(i) dismissing the employee without notice;

(ii) downgrading the employee; or

(iii) 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

(b) 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.

If a complaint of sexual harassment is made to the Director, the Director shall assess the...

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(2) 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.

(3) 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. Labour Ordinance of Sarawak (Amendment)

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

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

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

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

(6)  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.

Where the Director decides under subsection (4) of section 9d that sexual harassment is pro...

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

(a) wages as if the complainant has given the notice of the termination of contract of service; and Laws of Malaysia 14

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

Any employer who fails—

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(a) to inquire into complaints of sexual harassment under subsection (1) of section 9b;

(b) to inform the complainant of the refusal and the reasons for the refusal as required under subsection (2) of section 9b;

(c) to inquire into complaints of sexual harassment when directed to do so by the Director under paragraph (a) of subsection (5) of section 9b or subsection (2) of section 9d; or

(d) to submit a report of inquiry into sexual harassment to the Director under subsection (2) of section 9d, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit. Right of employee to appear or attend inquiry under this Chapter.

No person shall prevent or attempt to prevent any employee from appearing or attending an i...

Chapter.

(2) Any person who contravenes or fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, be liable to a fine not exceeding one thousand ringgit for each day during which such offence is continued after conviction. Labour Ordinance of Sarawak (Amendment) 15 Notice on sexual harassment.

An employer shall, at all times, exhibit conspicuously at the place of employment, a notice...

New section 10d

The Ordinance is amended by inserting after section 10c the following section:

“Presumption as to who is employee and employer.

In any proceeding under this

Ordinance or any other written law, in the absence of a written contract of service relating to any category of employee under the First Schedule, it shall be presumed until the contrary is proved that a person is an employee—

(a) where his manner of work is subject to the control or direction of another person;

(b) where his hours of work are subject to the control or direction of another person;

(c) where he is provided with tools, materials or equipments by another person to execute work;

(d) where his work constitutes an integral part of another person’s business;

(e) where his work is performed solely for the benefit of another person; or

(f) where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income. Laws of Malaysia 16

(2) For the purposes of subsection (1), it shall be presumed until the contrary is proved that a person is an employer—

(a) where he controls or directs the manner of work of another person;

(b) where he controls or directs the hours of work of another person;

(c) where he provides tools, materials or equipments to another person to execute work;

(d) where the work of another person constitutes an integral part of his business;

(e) where another person performs work solely for his benefit; or

(f) whether or not payment is made by him in return for work done for him by another person.

(3) The first-mentioned person in subsection (2) includes the agent, manager or factor of such first-mentioned person.”. New sections 19a and 19b

The Ordinance is amended by inserting after section 19

the following sections: “Discrimination in employment.

The Director may inquire into and decide any matter relating to discrimination in employmen...

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(a) any complaint by an employee; or Labour Ordinance of Sarawak (Amendment)

(b) any complaint pursuant to any dispute between an employee and—

(i) his employer; or

(ii) another employee.

(2) An employer who fails to comply with any directive or 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. Prohibition of forced labour.

Any employer who threatens, deceives or forces an employee to do any activity, service or w...

Amendment of section 58

Paragraph 58(a) of the Ordinance is amended by deleting the words “of twenty hectares or mo...

Amendment of section 60

Section 60 of the Ordinance is amended by deleting subsection (2).

Laws of Malaysia 18 New section 71a

The Ordinance is amended by inserting after section 71

the following section: “Interpretation.

In this Chapter, unless the context otherwise requires—

“employment” means employment in any labour for the purposes of gain, whether the gain be to a child, young person or to any other person;   “family” means the father, mother, sibling or any guardian who has custody, of a child or young person;   “light work” means any work performed by a child or young person which is not likely—

(a) to be harmful to his health, mental or physical capacity; or

(b) 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 Labour Ordinance of Sarawak (Amendment) 19 of such school, or any entertainment promoted by a voluntary, social or welfare body which has been approved by the Director.

(2) For the purposes of this Chapter, the age of admission to light work as specified in paragraph (a) of subsection (2) of section 73 shall not be less than thirteen years.”. Amendment of section 73

Section 73 of the Ordinance is amended—

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(a) 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.”;

(b) 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—

(a) under an apprenticeship contract; or

(b) undergoing a vocational training.”;

(c) in subsection (3)—

(i) by deleting paragraph (b);

(ii) in paragraph (c)—

(A) by deleting the words “bars,”; and

(B) by deleting the words “, club”;

(iii) in paragraph (e), by substituting for the colon at the end of the paragraph a full stop; and Laws of Malaysia 20

(iv) by deleting the provisos;

(d) 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 Occupational Safety and Health Act 1994 [Act 514] or the Electricity Ordinance Sarawak [Sarawak Cap. 50].”; and

(e) by inserting after subsection (5) the following subsections:   “(6)  Notwithstanding subsections (2) and (3), no child or young person shall be, required or permitted to be, engaged in any employment specified in the Second Schedule.

(7)  For the purposes of this section, “hazardous work” means work specified in the Third Schedule.”. Amendment of section 74c

Section 74c of the Ordinance is amended by inserting after subsection (2) the following sub...

“(3)  For the purposes of this section, “agricultural undertaking” means any work in which any person is employed under a contract of service for the purposes of agriculture or horticulture, the tending of domestic animals and poultry or the collection of the produce of any plants or trees, but does not include any work performed in a forest.”. Deletion of section 75a

The Ordinance is amended by deleting section 75a.

Deletion of Chapter XIa

The Ordinance is amended by deleting Chapter XIa.

Labour Ordinance of Sarawak (Amendment) 21 Amendment of Chapter XIb

Chapter XIb of the Ordinance is amended in the heading by substituting for the words “MATER...

the words “PREGNANCY AND MATERNITY.”. Amendment of section 84

Section 84 of the Ordinance is amended—

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(a) by substituting for subsection (1) the following subsection: “(1)  Every female employee shall be entitled—

(a) to maternity leave for an eligible period in respect of each confinement; and

(b) subject to this Chapter, to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.”;

(b) 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.”;

(c) in subsection (7)—

(i) by substituting for the words “this section” the words “subsection (1)”; and Laws of Malaysia 22

(ii) by substituting for the words “Chapter XVIb” the words “paragraph (c) of subsection (2) of section 130o”; and

(d) by substituting for subsection (11) the following subsection: “(11)  For the purposes of this Chapter—

(a) “children” means all natural children, irrespective of age;

(b) “eligible period” means a period of maternity leave of not less than ninety-eight consecutive days.”. Amendment of section 92a

Section 92a of the Ordinance is amended—

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(a) in the marginal note, by substituting for the word “dismissal” the word “termination”; and

(b) in subsection (2), by substituting for the word “dismissed” the word “terminated”. New section 92b

The Ordinance is amended by inserting after section 92a the following section:

“Restriction on termination of pregnant female employee.

Where a female employee is pregnant or is suffering from an illness arising out of her preg...

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(a) wilful breach of a condition of the contract of service under subsection (2) of section 13; Labour Ordinance of Sarawak (Amendment)

(b) misconduct under subsection (1) of section 14; or

(c) closure of the employer’s business.

(2) 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 97

Section 97 of the Ordinance is amended—

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(a) in the marginal note, by substituting for the word “worker” the word “employee”; and

(b) in subsection (1), by substituting for paragraph (e) the following paragraph:   “(e)  upon—

(i) expiry of the Licence To Employ Non-Resident Employee; or

(ii) revocation of the Licence To Employ Non-Resident Employee in accordance with section 119f;”. Amendment of section 98

The Ordinance is amended by deleting subparagraph 98(a)(i).

Amendment of Chapter XIII

Chapter XIII of the Ordinance is amended in the heading by substituting for the words “DOME...

“DOMESTIC EMPLOYEES.”. Laws of Malaysia 24 Amendment of section 101

Section 101 of the Ordinance is amended in the marginal note by substituting for the words...

“Domestic employees.”. New section 101a

The Ordinance is amended by inserting after section 101

the following section: “Termination of contract.

Subject to any express provision to the contrary contained therein, a contract to employ an...

Provided that any such contract may be terminated by either party without notice and without the paying of an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.”. Amendment of section 103

Section 103 of the Ordinance is amended—

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(a) in subsection (1), by inserting after paragraph (e) the following paragraphs: “(ea) to enable him to purchase a computer; (eb) to enable him to pay for medical expenses for himself or his immediate family members; Labour Ordinance of Sarawak (Amendment) 25 (ec) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees’ Social Security Act 1969 [Act 4]; (ed) to enable him to pay for educational expenses for himself or his immediate family members;”; and

(b) by inserting after subsection (1) the following subsection:   “(1a)  For the purposes of this section, “immediate family members” means the employees’ father, mother, spouse, children, siblings or any other person under the employee’s guardianship.”. Amendment of section 104

Section 104 of the Ordinance is amended in subsection (1)—

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(a) in paragraph (a)—

(i) by substituting for the word “sixteen” the word “eighteen”;

(ii) by substituting for the word “four” the word “six”;

(iii) in subparagraph (iii), by deleting the word “and” at the end of the subparagraph;

(iv) by substituting for subparagraph (iv) the following subparagraph: “(iv)  the Workers’ Celebration Day;” and

(v) by inserting after subparagraph (iv) the following subparagraphs: “(v)  the Malaysia Day; and

(vi)  the Sarawak Independence Day:”; and Laws of Malaysia 26

(b) in paragraph (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—

(i) a rest day; or

(ii) any other public holiday referred to in paragraphs (a) and (b), 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 105

Section 105 of the Ordinance is amended—

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(a) in the marginal note, by inserting after the word “work” the words “and working at night”;

(b) in subsection (1), by substituting for the words “forty-eight” wherever appearing the words “forty-five”; and

(c) in subsection (10), by inserting after the word “rates” the words “and prescribing matters relating to working at night”. Amendment of section 105a

Subsection 105a(1) of the Ordinance is amended by substituting for the words “forty-eight”...

Amendment of section 105c

Subsection 105c(3) of the Ordinance is amended by inserting after the the word “monthly” th...

Labour Ordinance of Sarawak (Amendment) 27 Amendment of section 105e

Subsection 105e(1) of the Ordinance is amended—

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(a) by deleting the first proviso; and

(b) in the further proviso, by substituting for the words “And provided further” the word “Provided”. New section 105ea

The Ordinance is amended by inserting after section 105e the following section:

“Paternity leave. 105ea.  (1)  Subject to subsection (3), a married male employee shall be entitled to a paid paternity leave at his ordinary rate of pay for a period of seven consecutive days in respect of each confinement.

(2) The paternity leave under subsection (1) shall be restricted to five confinements irrespective of the number of spouses.

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

(a) h e h a s b e e n e m p l o y e d b y the same employer at least twelve m o n t h s i m m e d i a t e l y b e f o r e the commencement of such paternity leave; and

(b) 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. Laws of Malaysia 28

(4) A married male employee referred to under subsection (1) employed on a monthly rate of pay shall be deemed to have received his paternity leave pay if he continues to receive his monthly wages during his abstention from work during the paternity leave period without abatement in respect of the abstention for the month in which he takes such paternity leave.”. New section 108c

The Ordinance is amended by inserting after section 108b the following section:

“Calculation of wages for incomplete month of work.

Notwithstanding subsection (3)

of section 2 and section 108, an employee who is employed on a monthly rate of pay and has not completed a whole month of service—

(a) where he commenced employment after the first day of the month;

(b) where his employment was terminated before the end of the month;

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

(d) where he took leave of absence by reason of having been called up for national service under the National Service Act 1952 [Act 425], to present himself for national service training as required under Labour Ordinance of Sarawak (Amendment) 29 the National Service Training Act 2003 [Act 628] or to comply with any other written laws relating to national service, shall be paid wages due to him for that month calculated according to the following formula: Monthly wages Number of days eligible in the wage period.”. X Number of days of the particular wage period Substitution of section 109

The Ordinance is amended by substituting for section 109

the following section: “Time of payment of wages.

Subject to subsection (2), every employer shall pay to each of his employees not later than...

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(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs (a) and (b) of subsection (1) of section 104 and overtime shall be paid not later than the last day of the next wage period.

(3) 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.”. Laws of Malaysia 30 New sections 109a and 109b

The Ordinance is amended by inserting after section 109 the following sections:

“Payment on normal termination of contract.

The wages, less lawful deductions, earned by but not yet paid to an employee shall be paid...

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(a) subsection (1) of section 11a; or

(b) section 12 by either party.

(2) The wages earned by but not yet paid to an employee whose contract of service is terminated by his employer in accordance with section 12, such wages shall be paid to the employee on the day on which such contract of service is terminated or, if this is not possible, on the first day, not being a rest day or gazetted holiday, after the day on which such contract of service is terminated. Payment on termination of contract in special circumstances and on breach of contract.

Where an employer terminates the contract of service of an employee without notice in accor...

of section 13 or paragraph (a) of subsection (1) of section 14—

(a) the wages, less any deductions which the employer is entitled to make under section 114, 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

(b) in addition, where the employer terminates the contract of service under subsection (1) of section 13, the indemnity payable to the employee under that subsection, Labour Ordinance of Sarawak (Amendment) 31 shall be paid by the employer to the employee on the day on which such contract of service is so terminated.

(2) Where an employee terminates his contract of service with an employer without notice in accordance with subsection (1) or (2) of section 13 or subsection (3) of section 14, the wages, less any deductions which the employer is entitled to make under section 114, 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 before the expiry of the seventh day after the day on which the contract of service is so terminated:   Provided that the employer may, subject to any order made by a court or the Director to the contrary, deduct from the wages due to the employee such sum as the employee is liable to pay in lieu of notice according to the provisions of section 13 or the terms of his contract, if any.”. Substitution of section 111

The Ordinance is amended by substituting for section 111

the following section: “Wages to be paid through financial institution.

The entire amount of the wages earned by, or payable to, any employee in respect of any wor...

Laws of Malaysia 32

(2) Every employee shall be entitled to recover in the courts or before the Director acting under section 8a, so much of his wages, exclusive of sums lawfully deducted under section 114, as shall not have been actually paid to him in accordance with subsection (1).

(3) For the purposes of this Chapter, “financial institution” includes—

(a) a licensed bank and an approved issuer of a designated payment instrument under the Financial Services Act 2013 [Act 758];

(b) a licensed Islamic bank and an approved issuer of a designated Islamic payment instrument under the Islamic Financial Services Act 2013 [Act 759]; and

(c) a prescribed institution under the Development Financial Institutions Act 2002 [Act 618].

(4) 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 Chapter.”. Labour Ordinance of Sarawak (Amendment) 33 Substitution of section 111a

The Ordinance is amended by substituting for section 111a the following section:

“Payment of wages other than through financial institution.

Notwithstanding subsection (1)

of section 111, an employer may, upon a written request of the employee, make payment of his employee’s wages—

(a) in legal tender; or

(b) by cheque made payable to or to the order of the employee.

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

(3) The notice referred to in subsection (2) 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.

(4) 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.

(5) Section 8a shall not apply in respect of any dispute under subsection (4).”. Amendment of section 117

Section 117 of the Ordinance is amended—

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(a) in subsection (1), by inserting after the words “approved service” the words “or any approved incentive payment scheme”; and Laws of Malaysia 34

(b) in subsection (2)—

(i) by inserting after the words “approved in writing any amenity or service” the words “or any incentive payment scheme”; and

(ii) by inserting after the words “as an approved amenity or approved service” the words “or approved incentive payment scheme”. Amendment of section 117a

Subsection 117a(1) of the Ordinance is amended by substituting for the words “subcontractor...

Amendment of section 117b

Subsection 117b(1) of the Ordinance is amended by substituting for the words “subcontractor...

New section 117d

The Ordinance is amended by inserting after section 117c the following section:

“Information relating to supply of employees.

A contractor for labour who intends to supply or undertakes to supply any employee shall re...

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

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

(4) A contractor for labour who—

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

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

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

(3), commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.”. Amendment of section 119a

Section 119a of the Ordinance is amended by inserting after subsection (2) the following su...

“(3)  If the service of a non-resident employee is terminated—

(a) by his employer;

(b) by reason of the expiry of any pass relating to employment issued by the Immigration Department of Malaysia to the non-resident employee; or

(c) by reason of the repatriation or deportation of the non-resident employee, Laws of Malaysia 36 the employer shall, within thirty days of the termination of service, inform the Director of the termination in the manner as may be determined by the Director.

(4)  If a non-resident employee terminates his service or absconds from his place of employment, the employer shall, within fourteen days of the termination of service or after the non-resident employee’s absence, inform the Director in the manner as may be determined by the Director.”. Deletion of section 119b

The Ordinance is amended by deleting section 119b.

New section 119f

The Ordinance is amended by inserting after section 119e the following section:

“Revocation of Licence To Employ Non-Resident Employee.

The Director may, without any compensation, revoke a Licence To Employ

Non-Resident Employee issued under subsection (1) of section 119 if he is satisfied that the employer including the officer of the employer referred to under section 130la—

(a) has contravened or failed to comply with any of the provisions of this Ordinance or any subsidiary legislation made under this Ordinance;

(b) has failed to comply with any conditions prescribed in respect of the licence issued under subsection (2) of section 119 and paragraph (n) of subsection (2) of section 130o;

(c) has been wound up or dissolved under the provisions of the Companies Act 2016 [Act 777];

(d) has ceased operating his business; Labour Ordinance of Sarawak (Amendment)

(e) has terminated all the non-resident employees referred to in the Licence To Employ Non-Resident Employee;

(f) has been convicted of an offence under—

(i) this Ordinance or the subsidiary legislation made thereunder;

(ii) any written law relating to labour or social security;

(iii) any written law relating to internal security;

(iv) any written law in relation to anti-trafficking in persons or forced labour; or

(v) any written law for the time being in force relating to immigration;

(g) has failed to comply with any written directions issued by the Director under this Ordinance; or

(h) has induced the granting of the licence by a false representation of fact.

(2) The Director shall not revoke a Licence To Employ Non-Resident Employee unless, after giving the employer a written notice specifying an opportunity to make any representation, reason or explanation in writing as to why the Licence To Employ Non-Resident Employee should not be revoked within the period specified in such written notice, he is satisfied with the representation, reason or explanation given in writing by the employer. Laws of Malaysia 38

(3) After the expiry of the period specified in the written notice under subsection (2) or after considering the representation, reason or explanation made under subsection (2), the Director shall decide whether or not to revoke the Licence To Employ Non-Resident Employee.

(4) The Director shall inform the employer of his decision under subsection (3) by a notice in writing.

(5) Where a Licence To Employ Non-Resident Employee is revoked, the revocation shall be effective within thirty days after the notice under subsection (4) is communicated to the employer and the employer shall within fourteen days from the date of communication of the licence return the licence to the Director.

(6) Notwithstanding subsection (5), if the Director is satisfied that the period specified in subsection (5) is not reasonably practicable, he may, on the application of the employer, extend the time for such revocation to take effect as he thinks fit.”. New Chapter XIVb

The Ordinance is amended by inserting after section 121

the following chapter: “Chapter XIVb. FLEXIBLE WORKING ARRANGEMENT. Flexible working arrangment.

Subject to Chapter XIV or anything contained in the contract of service, an employee may ap...

Labour Ordinance of Sarawak (Amendment)

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

The employee shall make an application for flexible working arrangement under section 121a...

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

(3) 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.”. New Part IVa

The Ordinance is amended by inserting after section 122

the following part: “PART IVa. SPECIAL PROVISIONS RELATING TO EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMODATIONS AND AMENITIES. Chapter XVa. PRELIMINARY. Interpretation.

In this Part, unless the context otherwise requires—

“building”, in relation to Chapter XVb, means any building used for the housing of employees and includes a nursery and a community hall; Laws of Malaysia 40   “contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that employee agrees to serve his employer as an employee;   “dependant” means the spouse, parent (including stepfather and stepmother), grandparent, child (including stepchild), brother and sister (including half-brother and half-sister and stepbrother and stepsister) of an employee, who is dependent on such employee, and includes—

(a) as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and

(b) as respects parents, the parents of an illegitimate child, and any person by whom the employee was adopted in accordance with any written law relating to adoption;   “District Engineer”, in respect of a district, 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 purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the District Engineer;   “employer” means—

(a) any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager and factor of such first mentioned person; or Labour Ordinance of Sarawak (Amendment)

(b) where the owner or lessee (including the agent, manager and factor of such owner or lessee) of a place of employment (hereinafter referred to as the first mentioned person) has entered into an agreement, whether oral or in writing and whether expressed or implied, with another person for the purpose of executing any work for or connected with any business, trade, operation or interest of such first mentioned person, the term “employer” shall also include such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly; “estate” means any agricultural land exceeding 40.46 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 order of the Minister;   “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 for the purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the Medical Officer of Health;   “private hospital” means a private hospital as provided under the Private Healthcare Facilities and Services Act 1998 [Act 586]; Laws of Malaysia 42   “resident manager”, in relation to an estate, 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. Chapter XVb. HOUSING AND OTHER AMENITIES. Building to comply with requirements.

Except as provided in subsection (2), no employer shall house or cause or permit to be hous...

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(2) 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 rules made thereunder. Labour Ordinance of Sarawak (Amendment)

(3) 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.

(4) 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 rules 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.

(5) 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.

(6) 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 good of any defect or deficiency thereof, or until the requirements of the order have been complied with: Laws of Malaysia 44 Provided that where an appeal has been made under section 122ao in respect of the order issued under subsection (5), then such order shall be suspended pending the determination of the appeal. Supply of water and electricity and maintenance of houses.

Where employees and their dependants are provided with housing at their place of employment...

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(a) 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;

(b) to provide adequate electricity supply;

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

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

(2) 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: Labour Ordinance of Sarawak (Amendment) 45 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.

(3) 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.

(4) 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.

(5) 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 nursery or as community hall.

In relation to a building which is to be erected or converted for the housing of employees...

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(2) No work relating to the aforesaid building shall commence before the submission of such plan is endorsed by the Director. Laws of Malaysia 46

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

(4) For the purposes of this section, the relevant authority shall be the authorities as may be determined by the Minister after consultation with the State Authority. Building endangering health or safety.

The Director shall cause to be inspected—

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(a) 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

(b) 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.

(2) 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. Labour Ordinance of Sarawak (Amendment)

(3) 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 122ao in respect of the order, then such order shall be suspended pending the decision of the appeal.

(4) 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. Building not originally built for housing of employees.

Except as provided in subsection (2), a building originally built for a purpose other than...

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(2) 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). Laws of Malaysia 48

(3) 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 122d 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.

Where there are employees residing on the place of employment and such employees have toget...

Provided that any subsequent reduction in the number of dependants after the order has been issued shall not invalidate such order.

(2) 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). Labour Ordinance of Sarawak (Amendment)

(3) 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—

(a) in sufficient quantity; and

(b) of good quality.

(4) 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.

Where there are employees residing on the place of employment, the employer of such employe...

Provided that an employer is not required to excise any permanent cultivation which has been planted by him at least twelve months previously.

(2) 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 for cultivation for communal use and food supply.

(3) 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 Laws of Malaysia 50 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.

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

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

(b) land for grazing shall be situated from the houses of the employees at a distance to be recommended in writing by a Medical Officer of Health.

(5) 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.

(6) 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.

(7) 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. Labour Ordinance of Sarawak (Amendment) 51 Community hall, sports and other recreational facilities.

The Director may, by order, require the employer in any place of employment where there are...

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(a) 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

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

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

(3) 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.

An employee shall not be required to make any payment for rent or charge in respect of any...

Laws of Malaysia 52

HEALTH, HOSPITAL, MEDICAL TREATMENT AND

SANITATION. Definition of dependant.

For the purposes of this Chapter,

“dependant” means such member of the employee’s family, namely, spouse, father, mother and children under the age of eighteen, including children adopted in accordance with any written law, who are living with and dependent on the employee. Employer to construct and maintain estate hospital.

The Director may, at any time by order in writing, after consultation with the Minister of...

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(2) Where there is already a hospital maintained by the employer, the Director may, by order in writing, after consultation with the Minister of Health, 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.

(3) 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. Labour Ordinance of Sarawak (Amendment)

(4) 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, after consultation with the Minister of Health, 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.

(5) 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, after consultation with the Minister of Health, 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.

(6) 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.

(7) 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. Laws of Malaysia 54

(8) 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 and any regulation made thereunder.

(9) 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. Payment and recovery of hospital expenses by employer.

It shall be the duty of every employer to provide for every employee employed on an estate...

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(2) 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.

(3) 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. Labour Ordinance of Sarawak (Amendment) 55 Sick employees being admitted to hospital.

Every employee or any dependant of such employee, who is injured or falls ill during the co...

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(2) 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 such hospital, and the certificate of such 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 hospital in respect of any employee or dependant shall be recoverable.

(3) The cost of maintenance and treatment of the employee referred to in subsection (1) shall be borne by the employer.

(4) No expenses paid by an employer under subsection (3) shall be recoverable from the employee. Transportation of sick employees to hospital.

It shall be the duty of the employer and of the resident manager at their own expenses—

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(a) to have every employee employed on an estate 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 private hospital or Government hospital, as the case may be; and Laws of Malaysia 56

(b) to make arrangements and to provide appliances for the safe transport of a sick employee to and from an estate hospital, group estate hospital, private hospital or Government hospital as the case may be, as the Medical Officer of Health or any Medical Officer may, from time to time, require.

(2) 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, group estate hospital, private hospital or Government hospital, as the case may be.

(3) 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.

(4) For the purposes of this section, “employee” includes any dependant of such employees who requires medical treatment. Medical treatment in estate on which a hospital is not maintained.

On any estate where there is no estate hospital or a group estate hospital available, the D...

Health, require an employer to establish and maintain a clinic or make such other provisions as are necessary for the treatment of sick employees and their dependants. Labour Ordinance of Sarawak (Amendment)

(2) 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.

(3) 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 be stationed at the clinic or 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.

(4) 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.

It shall be the duty of the resident registered medical practitioner or, in his absence or...

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(a) 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];

(b) to detain under observation any other person whom he may deem likely to have contracted such disease; and Laws of Malaysia 58

(c) to notify the nearest Medical Officer of Health of the action taken under paragraphs (a) and (b) with the least possible delay.

(2) 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.

(3) 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. Duty of employer to segregate employee suffering from infectious disease.

On the occurrence of any infectious disease on any estate, it shall be the duty of the empl...

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(a) 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

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

(i) for the maintenance of all the employees while so segregated; and

(ii) for the treatment of any employee suffering from such disease. Labour Ordinance of Sarawak (Amendment)

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

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

(b) that it is otherwise necessary in the interest of public health or of the health of any other employee employed on the estate. Power of Medical Officer of Health to order immunization against infectious disease.

The Medical Officer of Health may, at any time if it appears to him necessary for the healt...

Weekly inspection of employees’ housing.

It shall be the duty of the employer of a place of employment where employees and their dep...

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(a) the area surrounding the employees’ housing is kept clear of undergrowth and maintained in a clean and sanitary condition;

(b) 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; Laws of Malaysia 60

(c) all refuse in the housing site is collected daily and disposed of satisfactorily; and

(d) all communal latrines and bathrooms are kept in a clean, sanitary and working condition.

(2) 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 (Registration) Act 1977 [Act 180] employed by the employer or any other person authorized in writing by the employer who shall report to the employer 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 employer accordingly.

(3) The findings of the medical assistant registered under the Medical Assistants (Registration) Act 1977 employed by the employer or any other person authorized in writing by the employer 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.

(4) In any case where the Medical Officer of Health shall consider that the visits, inspections or other duties, under subsection