Draf Cadangan Pindaan Ordinan Buruh (Sarawak Bab 76) 22 Mac 2019

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PROPOSED AMENDMENTS TO THE SARAWAK LABOUR ORDINANCE (CAP. 76)
Sarawak Labour Department (as at 22.03.2019) 1

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BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

PART 1
LABOUR DEPARTMENT
CHAPTER 1
PRELIMINARY
1. CHAPTER 1 (1) This Act may be cited as the Labour Remain
Preliminary Ordinance (Sarawak Cap. 76).
Section 1 (2) Nil

Short title and (2) This Act shall apply to Sarawak only
application
2. “apprenticeship” “apprenticeship” means any person who has

entered into an apprenticeship contract.
3. “apprenticeship contract” means a written “apprenticeship contract” means a written contract

contract entered into by a person with an entered into by a person with an employer who
employer who undertakes to employ the undertakes to employ the person and train or
person and train or have him trained have him trained systematically for a trade for a
systematically for a trade for a specified specified period which shall not be between six
period which shall not be less than two years month less than two years to twenty four
in the course of which the apprentice is bound months in the course of which the apprentice is
to work in the employer’s service; bound to work in the employer’s service;
4. Related sections: “domestic servant” “domestic employee”
Section 2(1);

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Section 101: “domestic servant” means a person employed “domestic employee servant” means a person
(Chapter Domestic service) in connection with the work of a private employed in connection with the work of a private
Section 129: dwelling-house and not in connection with any dwelling-house and not in connection with any
(Service of summons)
Section 130O(2) (j): trade, business, or profession carried on by trade, business, or profession carried on by the
(Power to make rules) the employer in such dwelling-house and employer in such dwelling-house and includes a
Schedule includes a cook, house-servant, butler, child’s cook, house-servant, butler, child’s nurse, valet,
nurse, valet, footman, gardener, footman, gardener, washerwoman, watchman,
washerwoman, watchman, groom and driver groom and driver or cleaner of any vehicle
or cleaner of any vehicle licensed for private licensed for private use;
use;
5. Section 2(1); “Schedule” “First Schedule”

Schedule
6.
Section 2(1) “confinement” means parturition resulting after “confinement” means parturition resulting after at
Interpretation at least twenty-eight weeks of pregnancy in least twenty-eight twenty-two weeks of pregnancy
the issue of a child or children, whether alive in the issue of a child or children, whether alive or
Definition or dead, and shall for the purpose of this dead, and shall for the purpose of this Ordinance
“confinement” Ordinance commence and end on the actual commence and end on the actual day of birth and
day of birth and where two or more children where two or more children are born at one
are born at one confinement shall commence confinement shall commence and end on the day
and end on the day of the birth of the last-born of the birth of the last-born of such children, and
of such children, and the word “confined” shall the word “confined” shall be construed
be construed accordingly; accordingly;
7.
Section 2(1) Nil “constructional contractor” means any person,
Interpretation firm, corporation or company who or which is
established for the purpose of undertaking, either
Definition exclusively or in addition to or in conjunction with
“constructional any other business, any type of constructional
contractor” work, and who or which is carrying out such

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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;
8. Section 2(1) Nil “contractor for labour” means:

Interpretation
Definition “contractor (a) a person who contracts with a principal to

for labour” supply the labour required for the execution of
the whole or any part of any work;
(b) a person who contracts with 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; or
9.
Section 2(1) “employee” means any person or class of “employee” means any person or class of
Interpretation persons – persons–
Definition “employee” (a) included in any category in the Schedule (a) Remain
to the extent specified therein; or
(b) in respect of whom the Minister makes an

order under subsection (7) of section 2A;
(b) in respect of whom the Minister makes an
order under subsection (7) of or section 2A;

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10.
Section 2(1) “entertainment” includes any exhibition or Deleted
Interpretation performance;
Definition
“entertainment”
11.
Section 2(1) “family” means the husband or the wife or Deleted
Interpretation wives of an employee, and his children,
stepchildren and adopted children who are
Definition “family” unmarried and under the age of eighteen
years;
12. Section 2(1) Nil “forced labour” means the condition of any person
Interpretation who is compelled to provide labour or services by
use of threat or deception, and in which any
Definition “forced reasonable person would not consider himself to
labour” be free:
(a) To cease providing the labour or services;

or
(b) To leave the place or area where he
provides the labour or services.
13. Section 2(1) “guardian” in relation to child or young person, Deleted
Interpretation includes any person who, in the opinion of the
court having cognizance of any case in
Definition “guardian” relation to the child or young person or in
which the child or young person is concerned,
has for the time being the charge of or control
over the child or young person;
14.
Section 2(1) “hourly rate of pay” means the ordinary rate of Deleted
Interpretation pay divided by the normal hours of work;

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Definition “hourly rate

of pay”
15.
Section 2(1) “Minister” means the Minister responsible for “Minister” means the Minister responsible for
Interpretation labour matters; labour matters charged with the responsibility for
human resources;
Definition “Minister”
16. Section 2(1)

Interpretation “ordinary rate of pay” means wages whether Deleted
calculated by the month, the week, the day,
Definition “ordinary the hour, or by piece rate or otherwise which
rate of pay” an employee is entitled to receive under the
terms of his contract of service for the normal
hours of work for one day, but does not
include any payment made under an
approved incentive payment scheme or any
payment for work done on a rest day or any
gazetted public holiday granted by the
employer under the contract of service or any
day substituted for the gazetted public
holiday;
17.
Section 2(1) “overtime” means the number of hours of work “overtime” means –
Interpretation carried out in excess of the normal hours of
work per day, and includes, if any work is (a) the number of hours of work carried
Definition “overtime” carried out after the spread over period of ten out in excess of the normal hours of work per
hours, the whole period beginning from the day; or
time that such spread over period ends up to
the time that the employee ceases work for (b) if any work is carried out after the

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the day; 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.
18.
Section 2(1) “part-time employee” means a person “part-time employee” means a person included in
Interpretation included in the Schedule whose average the First Schedule whose average hours of work
hours of work as agreed between him and his per week as agreed between him and his
Definition “part-time employer do not exceed seventy per centum employer are more than thirty per centum but do
employee” of the normal hours of work of a full-time not exceed seventy per centum of the normal
employee employed in a similar capacity in hours of work per week of a full-time employee
the same enterprise whether the normal hours employed in a similar capacity in the same
of work are calculated with reference to a day, enterprise whether the normal hours of work are
a week, or any other period as may be calculated with reference to a day, a week, or any
specified by rules under Chapter XVIB; other period as may be specified by rules under
Chapter XVIB;
19. Section 2(1) Nil “permit” means any exemption, approval or

Interpretation permisison given by Director upon application
by employer under this Ordinance.
Definition “Permit”
20.
Section 2(1) “recruit” means to procure, engage, hire or Deleted
Interpretation supply or undertake to procure, engage, hire
or supply employees for the purpose of being
Definition “recruit” employed by the recruiter or by any other
person, where such employee does not
spontaneously offer his services at the place
of employment or at a public employment
office or at an office conducted by an
employers’ organization and supervised by
the Government;

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21. Nil “sexual harassment” means any unwanted

Section 2(1) conduct of a sexual nature, whether verbal, non-
Interpretation verbal, visual, gestural or physical, directed at a
person which is offensive or humiliating or is a
Definition “sexual threat to his well-being, arising out of and in the
harassment” course of his employment;
22. “spread over period of ten hours” means a period

Section 2(1) Nil of ten consecutive hours to be reckoned from the
Interpretation time of the employee commences work for the
day, inclusive of any period or periods of leisure,
Definition “spread over rest or break within such period of ten consecutive
period of ten hours” hours.
23. Section 2(2) For the purpose of Chapter XI, a person is Deleted
Interpretation deemed to be taking part in an entertainment
when such person is employed in or
Definition connected with such entertainment whether
as a performer, stagehand or musician.
24. Section 2(2A) Nil For the purpose of Chapter IV, Chapter XIB and
Chapter XIV–
(a) “ordinary rate of pay” means wages as

defined in Section 2 whether calculated by
the month, the week, the day, the hour, or by
piece rate or otherwise which an employee is
entitled to receive under the terms of his
contract of service for the normal hours of
work for one day, but does not include any

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payment made under an approved incentive
payment scheme or any payment for work
done on a rest day or any gazetted public
holiday granted by the employer under the
contract of service or any day substituted for
the gazetted public holiday; and
(b) “hourly rate of pay” means the ordinary rate

of pay divided by the normal hours of work
25. Section 2(3) (c) a daily rate of pay or on piece rates, the (c) Where an employee is employed on a daily or
ordinary rate of pay shall be calculated by an hourly rate of pay or on piece rates, the
dividing the total wages earned by such ordinary rate of pay shall be calculated by dividing
employee during the preceding wage period the total wages earned by such employee during
(excluding any payment made under an the preceding wage period (excluding any
approved incentive payment scheme or for payment made under an approved incentive
work done on any rest day, any gazette public payment scheme or for work done on any rest
holiday granted by the employer under the day, any gazetted public holiday granted by the
contract of service or any day substituted for employer under the contract of service or any day
the gazetted public holiday) by the actual substituted for the gazetted public holiday) by the
number of days the employee had worked actual number of days the employee had worked
during that wage period (excluding any rest during that wage period (excluding any rest day,
day, any gazette public holiday or any paid any gazetted public holiday or any paid holiday
holiday substituted for the gazette public substituted for the gazetted public holiday).
holiday)
26.
Section 2(4) (4) For the purposes of payment of sick (4) For the purposes of payment of sick leave
leave under section 105E, the calculation of under section 105E, the calculation of the ordinary
the ordinary rate of pay of an employee rate of pay of an employee employed on a daily or
employed on a daily rate of pay or on piece an hourly rate of pay or on piece rate under
rate under paragraph (c) of subsection (3) paragraph (c) of subsection (3) shall take account
shall take account only of the basic pay the only of the basic pay the employee receives or the
employee receives or the rate per piece he is rate per piece he is paid for work done in a day
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paid for work done in a day under the contract under the contract of service.
of service.
CHAPTER II
OFFICERS
27.
CHAPTER II Any person affected by any decision or order, Any person affected by any decision or order,
Officers other than an order under Chapter IlA, given other than an order under Chapter IlA and
or made by an officer appointed under decision under section 9C(3) given or made by an
Section 3(2) subsection (1A) may, if he is dissatisfied with officer appointed under subsection (1A) may, if he
Director of Labour and such decision or order, within fourteen days of is dissatisfied with such decision or order, within
other officers such decision or order being communicated to fourteen twenty one days of such decision or
him, appeal in writing therefrom to the order being communicated to him, appeal in
Director. writing therefrom to the Director.
28. Section 3(3)

Director of Labour and If any employer is dissatisfied with any Deleted
other officers decision or order made or given by the
Director either original or by virtue of
subsection (2), he may appeal from such
decision or order to the Minister within
fourteen days of the date of such decision or
order being communicated to him.
CHAPTER IIA
COMPLAINTS AND INQUIRIES
29. Section 8A (1) The Director may inquire into and
Director’s power to decide any dispute between an employee and (1) Remain
inquire into complaints his employer in respect of wages or any other
payment in cash due to such employee under
-
(a) any term of the contract of service

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between such employee and his
employer; (a) remain
(b) any of the provisions of this Ordinance or

any subsidiary legislation made
thereunder; or
(b) remain
(c) the provisions of the Wages Council Act
1947 or any order made thereunder,
(c) the provisions of the National Wages

Consultative Act 2011 or any order made
thereunder,
(2) The powers of the Director under (2) remain

subsection (1) shall include the power to hear
and decide, in accordance with the procedure
laid down in this Chapter, any claim by–
(a) an employee against any person liable

under section 117C;
(a) remain
(b) a sub-contractor for labour against a (b) a sub-contractor for labour against a principal,
contractor or sub-contractor for any sum of contractor or sub-contractor for any sum of
money which the sub-contractor for labour money which the sub-contractor for labour
claims to be due to him in respect of any claims to be due to him in respect of any
labour provided by him under his contract labour provided by him under his contract
with the contractor or sub-contractor; or with the contractor or sub-contractor; or
30. Section 8C (1) Notwithstanding the provisions of this (1) Notwithstanding the provisions of this

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Additional powers of Ordinance, the powers of the Director Ordinance, the powers of the Director under
Directior to inquire into under paragraph (a) of subsection (1) of paragraph (a) of subsection (1) of section 8A
complaints section 8A shall extend to the employees shall extend to the employees whose wages
whose wages per month exceed two per month exceed three thousand ringgit but
thousand five hundred ringgit but does not does not exceed ten thousand ringgit.
exceed five thousand ringgit.
(2) For the purposes of this section, the term
“wages” means wages as defined in
section 2 but does not include any (2) Remain
payment by way of commission,
subsistence allowance or overtime
payment.
(3) Save for this Chapter and Chapter XVI
which shall with the necessary
modifications, the other provisions of this
Ordinance shall not apply to the
employees referred to in subsection (1). (3) Remain
31.
Section 8M (1) If any person whose financial interests are (1) If any person whose financial interests are
Appeal against affected is dissatisfied with the decision or affected is dissatisfied with the decision or order
Director’s order to order of the Director under Section 8A, 8C, 8D of the Director under Section 8 A, 8C, 8D, or
High Court or Section 8I, such person may appeal to the Section 8I or subsection 9C(3), such person may
High Court. appeal to the High Court.
CHAPTER IIIA

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SEXUAL HARASSMENT
32.
Section 9A Nil 9A. For the purposes of this Chapter,
Interpretation “complaint of sexual harassment” means any
1
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.

33.
Section 9B Nil 9B (1). Upon receipt of a complaint of sexual
Inquiry into complaints harassment by any person mentioned in section
of sexual harassment 9A, an employer or any class of employers shall
inquire into the complaint in accordance to section
14.
(2) Any complainant who is dissatisfied with

the decision of the employer made under
subsection (1) to inquire into his complaint of
sexual harassment, may refer the matter to the
Director.
34. Section 9C 9C. (1) If a complaint of sexual harassment is

Complaints of sexual Nil made to the Director, the Director shall assess the
1
Chapter IIIA mengenai gangguan seksual adalah suatu Bab baru. Ia bertujuan untuk menyediakan mekanisme khusus dari segi undang-
undang bagi menangani masalah gangguan seksual di tempat kerja. Cadangan pindaan untuk memasukkan seksyen 9A, 9B, 9C, 9D, 9E, 9F
dan 9G yang baru adalah selaras dengan pindaan yang dibuat kepada Akta Kerja 1955 melalui Akta Kerja (Pindaan) 2012 [Akta A1419].
Pindaan lain yang berbangkit adalah pindaan kepada seksyen 3(2) [rayuan ke atas keputusan Pengarah selepas inkuri sexsual harassment] dan seksyen 8M
[appeal to HC].

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harassment made to complaint and may direct an employer to inquire
the Director into such complaint.
(2) 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 following
the procedures set in section 8F shall be
applicable with necessary modifications
(3) 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
35. (1) Where the Director decides under subsection

Section 9D Nil 9C (3) that sexual harassment is proven, the
Effect of decisions of complainant may terminate his contract of service
the Director without notice.
(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
(b) termination benefits and indemnity,
as provided for under the Ordinance or the

contract of service, as the case may be.

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36.
Section 9E Nil 9E. Any employer who fails –
Offence
(a) to inquire into complaints of sexual
harassment under subsection 9B (1)
commits an offence;
and shall, on conviction, be liable to a fine not

exceeding ten thousand ringgit.
37.
Section 9F Nil 9F. Notwithstanding paragraph 1 of the
Application of this Schedule, this Chapter extends to every
Chapter irrespective of employee employed under a contract of service
wages of employee irrespective of the wages of the employee.
38. Section 9G Nil Every employer shall have a written code on

Written code on prevention of sexual harassment and placed in a
prevention of sexual conspicuous area at the place of employment.
harassment at the
palce of employment
PART II
CONTRACT OF SERVICE
CHAPTER IV
TERMS AND CONDITIONS
39. Section 10A Validity of any term or condition of service Validity of any term or condition of service
which is more favourable. which is more favourable.
Subject to any express prohibition under this (1) Subject to any express prohibition under this
Ordinance or any rules, order or other Ordinance or any rules, order or other subsidiary
subsidiary legislation made thereunder, legislation made thereunder, nothing in section 9
nothing in section 9 shall be construed as shall be construed as preventing an employer and

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preventing an employer and an employee an employee from agreeing to any term or
from agreeing to any term or condition of condition of service under which an employee is
service under which an employee is employed, or shall render invalid any term or
employed, or shall render invalid any term or condition of service stipulated in any collective
condition of service stipulated in any collective agreement or in any award of the Industrial Court,
agreement or in any award of the Industrial which is more favourable to the employee than
Court, which is more favourable to the the provisions of this Ordinance or any rules,
employee than the provisions of this order or other subsidiary legislation made
Ordinance or any rules, order or other thereunder.
subsidiary legislation made thereunder.
(2) Any variation or substitution to any existing
terms and conditions of the contract of service
which is less favourable to the employee shall be
deemed invalid.
40.
Section 10D Nil Presumption as to who is employee.
A person who works for, or renders services to,

any other person is presumed, until the contrary is
proven, to be an employee, regardless of the form
of the contract, if any one or more of the following
factors is present-
(a) the manner of work is subject to the control

or direction of the other person;
(b) the particular hours of work are subject to the

control or direction of the other person;
(c) the person’s work constitutes integral part of

the other person’s business;
(d) the work is performed solely or mainly for the

benefit of the other person;
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(e) the person is provided with tools, raw

materials or work equipment by the other
person;
(f) payment of wages is made to the person at

regular intervals of time; or
(g) such wages constitute the person’s sole or

principal source of income.”
41. Section 12(3) (c) 12 (3) (c) requirements of that business for 12 (3) (c) the requirements of that business for the
Termination of contract the employee to carry out work of a particular employee to carry out work of a particular kind
of service by notice. kind have ceased or diminished or are have ceased or diminished or are expected to
expected to cease or diminish; cease or diminish;
CHAPTER V
CONTRACTS
42. Section 19(1) (1) A contract of service for a specified period (1) Remain
Contracts to be in of time exceeding one month or for the
writing and to include performance of a specified piece of work,
provision for where the time reasonably required for the
completion of the work exceeds or may
termination
exceed one month, shall be in writing and
shall be signed by both parties:
Provided that an employee unable to sign
may indicate his consent by affixing thereto
the impression of his thumb.
(2) Remain
(2) In every written contract of service, a

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clause shall be included setting out the
manner in which such contract may be
terminated by either party in accordance with
this Ordinance.
(3) Such written contract of service shall (3) Remain

contain such particulars necessary to define
the rights and obligations of the parties
thereto as may be prescribed by rules made
under this Ordinance.
Nil
(4) Any employer who contravenes subsection (1)

commits an offence.
43. Section 19A Nil Discrimination in employment.
Discrimination in
employment
(1) No employer shall discriminate against a
job seeker or an employee in respect of all
matters connected to or incidental to employment
or occupation on the following grounds:
(a) gender
(b) religion
(c) race
(d) disability
(e) marital status
(f) pregnancy; or
(g) language.

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Provided that any distinction, exclusion or

preference in respect of a particular employment
based on the inherent requirements or merit
thereof shall not be deemed to be discrimination.
(2) The Director may inquire into any complaint

from a job seeker or an employee that an
employer practices discrimination on such or as
may be prescribed by the Minister in relation to
terms and conditions of employment; and the
Director may issue to the employer such
directives as may be necessary or expedient to
resolve the matter.
(3) An employer who fails to comply with any

directive of the Director issued under subsection
(2) commits an offence.
(4) For the purpose of this section only, “job

seeker” means any person who is seeking
for employment
44. Section 19B NIL (1) No person may for his or her own benefit or for
the benefit of someone else, cause, demand
Prohibition of forced or impose on any person all forms of forced
labour labour.
(2) Any person who contravenes subsection (1)

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commits an offence and shall, on conviction,
be liable to an imprisonment not exceeding
two years or fine or to both.
45. Section 19C NIL Notwithstanding the employer convicted for an
offence under this Ordinance or otherwise, where
Order for payment of payment of wages is in arrears to an employee,
wages in arrears in the the Court shall make an Order for the payment for
case of no conviction such wages in arrears for a sum fixed by the
Court to the employee upon application of the PP
after conducting an inquiry by the Court.
PART IV PART IV
PROVISION RELATING TO EMPLOYMENT PROVISION RELATING TO EMPLOYMENT
CHAPTER X CHAPTER X
REGISTERS, RETURNS AND NOTICE REGISTERS, RETURNS AND NOTICE BOARD
BOARD
46. Section 59 (3) Notwithstanding subsections (1) and (2), (3) Notwithstanding subsections (1) and (2), the
Duty to keep registers. the Director, on a written application by an Director, on a written application by an
employer, may permit the employer to keep employer, may permit the employer to may
the information required under subsection (1) keep the information required under subsection
in any other manner as may be approved by (1) in any other manner as may be approved by
the Director subject to such conditions as he the Director subject to such any conditions as
may deem fit to impose. he may deem fit to impose as may be
prescribed by the Director.
CHAPTER XI
SPECIAL PROVISIONS RELATING TO THE
EMPLOYMENT OF CHILDREN AND
YOUNG PERSONS

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47. Section 71A (1) Nil In this Chapter unless the context otherwise
Interpretation requires-
“Employ” and “employ” and “employment” means employment in

“employment” any labour for the purposes of gain, whether the
gain be to a child, young person or to any other
person;
48. Section 71A (1) Nil “entertainment” includes any exhibition or
Interpretation performance; and a person is deemed to be take
part in an entertainment when such person is
“entertainment” employed in or connected with such entertainment
whether as a performer, stagehand or musician;
49. Section 71A (1) Nil “family” means parents, spouse, siblings or any
Interpretation guardian; who has custody of child or young
“family” person.
50. Section 71A (1) Nil “guardian” in relation to a child or young person,
Interpretation includes any person who, in the opinion of the
“guardian” Court having cognizance of any case in relation to
the child or young person or in which the child or
young person is concerned, has for the time being
the charge of or control over the child or young
person;
51. Section 71A (1) Nil “light work” means any work performed by a child
Interpretation or young person which is not likely –
“light work”
(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

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approved by the competent authority or his
capacity to benefit from the instruction
received;
52. Section 71A (1) Nil “public entertainment” means entertainment to

Interpretation which the public or any section of the public is
“public entertainment 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 auspices of such
school or any entertainment promoted by a
voluntary, social or welfare body which has been
approved by the Director;
53. Section 72 (1A) no child or young person shall be, or be

Employment in which required or permitted to be, engaged in any
children and young hazardous work, or any employment other
persons may be than those specified in this section.
engaged
(1B) Notwithstanding subsection (1A), 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;
(2A) The age of admission to light work as
specified in paragraph (2) (a) shall not be less

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than thirteen years.
(2B) Notwithstanding subsection (2) and (3),

no child or young person shall be, required or
permitted to be, engaged in any employment
specified in the 2nd Schedule.
54. Section 73 (3) A young person may be engaged in any of (3) remain
the following employment:
(a) any employment mentioned in subsection

(2); and in relation to paragraph (a) of (a) remain
that subsection, any employment suitable
to his capacity (whether or not the
undertaking is carried on by his family);
(b) employment as a domestic servant;

(b) deleted
(c) employment in any office, shop (including
hotels, bars, restaurants and stalls),
godown, factory, workshop, store, (c) employment in any office, shop (including
boarding house, theatre, cinema, club or hotels, bars, restaurants and stalls), godown,
association; factory, workshop, store, boarding house,
theatre, cinema, club or association;
(d) employment in an industrial undertaking
suitable to his capacity; and
(d) remain
(e) employment on any vessel under the
personal charge of his parent or
guardian:
Provided that no female young person may be (e) remain

engaged in any employment in hotels, bars,
restaurants, or boarding houses or clubs
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unless such establishments are under the
management or control of her parent or
guardian:
Provided further that a female young person Deleted
may be engaged in any employment in a club
not managed by her parent or guardian with
the approval of the Director.
(4) The Minister may, if he is satisfied that any Remain

employment (not mentioned in sub-section (2)
or subsection (3) is not dangerous to life, limb,
health or morals, by order declare such
employment to be an employment in which a
child or young person may be, or permitted to
be, engaged; and the Minister may in such
order impose such conditions as he deems fit
and he may at any time revoke or vary the
order or may withdraw or alter such
conditions.
(5) No child or young person shall be, or be (5) No child or young person shall be, or be
required or permitted be, engaged in any required or permitted be, engaged in any
employment contrary to the provisions of the employment contrary to the provisions of the
Factories and machinery Act, 1967 of the Factories and machinery Act, 1967 of the
Electricity Ordinance (Sarawak), or in any Electricity Ordinance (Sarawak),
employment requiring him to work
underground.
55. Section 73A Nil (1) Nothwithstanding subsection 73 (2) and 73 (3),
no child or young person shall be engaged in any
Prohibitions from employment that affect their morals as specified in
engaging or being the Second Schedule
engaged in any
employment that affect (2) The Minister may from time to time by order

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the morals of child or published in the Gazette, amend the list in the
young person Second Schedule
56. Section 75A (1) If representation is made to the Minister Deleted
Power to prescribe that the wages of children or young persons in
minimum wages after any class of work in any area are not
inquiry. reasonable, having regard to the nature of the
work and conditions of employment obtaining
in such class of work, the Minister may, if he
considers it expedient, direct an inquiry.
(2) For the purpose of such inquiry, the

Minister shall appoint a Board consisting of an
independent member who shall be chairman
and an equal number of representatives of
employers and employees.
(3) The Board shall, after holding the inquiry,

report to the Minister its findings and
recommendations; and the Minister may, after
considering the report of the Board, make an
order prescribing the minimum rates of wages
to be paid to children or young persons or to
both, employed in the class of work in the
area.
(4) Upon publication of such order, it shall not

be lawful for any employer to pay any child or
young person to whom the order applies,
wages below the minimum rates specified in
the order.
CHAPTER XIA
EMPLOYMENT OF WOMEN

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57. Section 76 Prohibition of Night Work Delete
(TPPA)
(1) Except in accordance with rules made
under this Ordinance or any exemption
granted under the provision to this
subsection, no employer shall require any
female employee to work in any
agricultural, forestry or industrial
undertaking between the hours of 10 o
clock in the evening and 5 o clock in the
morning nor commence work for day
without having had a period of ……..”
Provided that the Director may, on
application made to him in any particular
case, exempt in writing any female
employee or class of female employees
from any restriction in this subsection,
subject to any conditions he may impose.
(2) Any person-
(a) who is affected by any decision made

or condition imposed under the
proviso to subsection (1); and
(b) who is dissatisfied with such decision
or condition, may within thirty days of
such decision or condition being
communicated to him appeal in
writing therefrom to the Minister.
(3) In deciding any appeal made to him

under subsection (2), the Minister may
make such decision or order thereon,
including the alteration or removal of any
condition imposed or the imposition of

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any further condition, as appears just and
such decision or order shall be final.
58. Section 77 Emergencies Delete
In any serious emergency when the public

interest demands it the Minister may by order
suspend the operation of section 76 in so far
as they affect women.
59. Section 79 Prohibition of underground work. Delete
No female employee shall be employed in any
underground working.
60. Section 79A Prohibition of employment by Minister. Delete
Notwithstanding the provisions of this

Chapter, the Minister may by order prohibit or
permit the employment of female employees
in such circumstances or under such
conditions as may be described in such order.
CHAPTER XIB
Maternity Protection
61.
Section 84 (1) Every female employee shall be (1) Every female employee shall be entitled -
Length of eligible entitled to maternity leave for a period of not
period and entitlement less than sixty consecutive days (also referred (a) to maternity leave for an eligible period in
to maternity allowance to in this Chapter as to the “eligible period”) in respect of each confinement; and
respect of each confinement and, subject to
this Chapter, she shall be entitled to receive (b) subject to this Chapter, to receive from her
from her employer a maternity allowance to employer a maternity allowance to be calculated
be calculated or prescribed as provided in or prescribed as provided in subsection (2) in
subsection (2) in respect of the eligible period. respect of the eligible period.

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(2) Where a female employee is entitled to (2) Where a female employee is entitled to
maternity leave under subsection (1) but is not maternity leave under subsection paragraph (1)(a)
entitled to receive maternity allowance from but is not entitled to receive maternity allowance
her employer for the eligible period under from her employer for the eligible period under
subsection (5), or because she has not subsection (5) as provided under subsection 7
fulfilled the conditions set out in subsection or because she has not fulfilled the conditions set
(6), she may, with the consent of the out in subsection (6), she may, with the consent of
employer, commence work at any time during the employer, commence work at any time during
the eligible period if she has been certified fit the eligible period if she has been certified fit to
to resume work by a registered medical resume work by a registered medical practitioner.
practitioner.
(5) Notwithstanding subsection (1), a female (5) Remain

employee shall not be entitled to any
maternity allowance if at the time of her
confinement she has five or more surviving
children.
(6) A female employee shall be entitled to (6) Remain
receive maternity allowance for the eligible
period from her employer if –
(a) she has been employed by the employer

at any time in the four months immediately
before her confinement; and (a) she has been employed by the employer for a
period of, or periods amounting in the aggregate
to, not less than ninety days during the nine
months immediately before her confinement; and
(b) she has been employed by the employer
for a period of, or periods amounting in the (b) she has been employed by the employer at
aggregate to, not less than ninety days during any time in the four months immediately before
the nine months immediately before her her confinement;
confinement.
Nil Provided that where the service of a female

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employee is terminated with wages in lieu of
notice at any time during the period of four
months immediately preceding her
confinement, she shall, in computing the
period of her employment for the purpose of
this Chapter, be deemed to have been
employed as if she had been given due notice
instead of wages in lieu thereof.
(7) A female employee who is eligible for (7) A female employee who is eligible for
maternity allowance under this section shall maternity allowance under this section shall be
be entitled to receive from the employer for entitled to receive from the employer for each day
each day of the eligible period a maternity of the eligible period a minimum of 360 days in
allowance at her ordinary rate of pay for one aggregate a maternity allowance at her ordinary
day, or at the rate prescribed by the Minister rate of pay for one day, for each day of the eligible
under Chapter XVIB, whichever is the greater. period or at the rate prescribed by the Minister
under Chapter XVIB, whichever is the greater.
(11) For the purposes of this section, (11) For the purposes of this section-
“children” means all natural children,
irrespective of age. (a) “children” means all natural children,
irrespective of age; and
(b) “eligible period” means a period of maternity
leave of not less than ninety eight consecutive
days.
62. Section 92A Restriction on dismissal of female Restriction on dismissal termination of female
Restriction on employee after eligible period employee after eligible period or during
dismissal termination maternity leave and on the ground of
of female employee pregnancy
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after eligible period or
during maternity leave (1) Where a female employee remains absent Remain
and on the ground of from her work after the expiration of the
pregnancy eligible period as a result of illness
certified by a registered medical
practitioner to arise out of her pregnancy
and confinement and to render her unfit
for her work, it shall be an offence, until
her absence exceeds a period of ninety
days after the expiration of the eligible
period, for her employer to terminate her
services or give her notice of termination
of service.
(2) Subject to subsection (1), where a female

employee is dismissed from her employment
with wages in lieu of notice at any time during
the period of four months immediately
preceding her confinement, she shall, in
computing the period of her employment for
the purposes of this Chapter, be deemed to Deleted
have been employed as if she had been given
due notice instead of wages in lieu thereof.
(2) Any employer who terminates the service of a
female employee on the ground of pregnancy or
during the period in which she is entitled to
maternity leave commits an offence.
Provided that for the purpose of this section, such
termination shall not include termination on the
ground of closure of the employer’s business.
(3) The burden of proving that the reasons for the
termination of service of a female employee are

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not related to pregnancy or illness arising out of
pregnancy as provided in subsection (1) above
salll rest on the employer.
63. Section 95B Notwithstanding paragraph 1 of the Schedule, this

Application of this Nil Chapter extends to every female employee who is
Chapter irrespective of employed under a contract of service irrespective
wages of female of her wages.
employee
64. Section 95C Notwithstanding section 95B, any monetary

dispute arose from the provisions of this
Chapter and referred to the Director under
section 8A of the Ordinance shall be subject to
the limitation as provided under section 8C of
the Ordinance.
CHAPTER XII
REPATRIATION
65.
Section 97 Rights and obligations of worker and Rights and obligations of worker employee and
Rights and employer in respect of repatriation. employer in respect of repatriation.
obligations of
worker employee and
employer in
respect of repatriation
CHAPTER XIII
DOMESTIC SERVICES
66. Section 101 Domestic servants Domestic employee
Domestic servants

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67. Section 101 Domestic servants Delete
The Minister may make rules applying all or

any of the provisions of this Ordinance to all
domestic servants or to any group, class or
number of domestic servants and make rules
to provide generally for the engagement,
repatriation and working conditions of
domestic servants.
68. Section 101A Termination of contract

101A Subject to any express provision to the
contrary contained therein, a contract to employ
and to serve as domestic employee maybe
terminated either by the person employing the
domestic employee or by the domestic employee
giving the other party fourteen days notice of his
intention to terminate the contract, or by the
paying of indemnity equivalent to the wages
which the domestic employee would have earned
in fourteen days.
Provided that any such contract may be
terminated by either party without notice and
without the paying of indemnity on the ground of
conduct by the other party inconsistent with the
terms and conditions of the contract.
CHAPTER XIV
General Provisions Relating to Contracts
of Service
69. Section 103(1) (ea) Nil (ea) to enable him to purchase computer;
Limitation on advances

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to employees (eb) Nil (eb) to enable him to pay for medical expenses for
himself or his immediate family members;
(ec) Nil (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

(ed) Nil expenses for himself or his immediate family
members;
(f For any other (f Remain

) purpose )
(i) remain
(i) …………… (ii) remain
(ii) …………... (iii) remain
(iii) …………..
Nil (1A) For the purposes of this section, “immediate

family members” means the employees’ parents,
spouse, children, siblings or any other person
under the employee’s guardianship.
70.
Section 104(1) 104(1) Every employee shall be entitled to a 104(1) Every employee shall be entitled to a paid
Holidays paid holiday at his ordinary rate of pay on the holiday at his ordinary rate of pay on the following
following days in any one calendar year: days in any one calendar year:
(a) on sixteen of the gazetted public

holidays as specified under the Public (a) on seventeen of the gazetted public holidays
Holidays Ordinance (Sarawak), four of as specified under the Public Holiday
which shall be – Ordinance (Sarawak), five of which shall be –

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(i) the National Day; (i) the National Day;
(ii) the Birthday of the Yang di- (ii) the Birthday of the Yang di-Pertuan
Pertuan Agong; Agong;
(iii) the Birthday of the Yang di-Pertua (iii) the Birthday of the Yang
Negeri Sarawak; and di-Pertua Negeri Sarawak;
(iv) the Workers’ Day. and
(v) Nil (iv) the Worker’s Day; and
(v) the Malaysia Day.
(b) on any day in addition to the gazetted
public holidays referred to in paragraph
(a) declared as a public holiday by the (b) Remain
Government of the State :
Provided that if any of the public holidays

referred to in paragraphs (a) and (b) falls on a
rest day, the working day following the rest
day shall be a paid holiday in substitution of
that public holiday.
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 paid holiday in
substitution of the first mentioned public holiday.
71. Section 105C (3) An employee employed on a monthly rate (3) An employee employed on a monthly or
Work on rest day of pay who works on a rest day shall be paid weekly rate of pay who works on a rest day shall
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for any period of work - be paid for any period of work -
72. Section 105G Paternity leave

Paternity leave
Every employer shall provide a paid paternity
leave of three consecutive days for each child
born to a maximum of five children.
The paternity leave shall commence on the

actual day of birth of the child.
73. Section 106A Nil Where an employee is employed on a monthly

rate of pay and has not completed the whole
Calculation of wages
month of service due to –
for incomplete month
of work (a) he commences employment after the first day
of the month;
(b) his employment is terminated before the end
of the month;
(c) he takes leave or absence without pay for one
or more days of the months;
(d) he takes leave or absence to perform his
national service under the National Service
Training Act 2003 [Act 628] (national service
or voluntary service under any written law) or
voluntary service under the Armed Forces Act
1972 [Act 77] and Police Act 1967 [Act 344],
his wages for that particular month shall be calculated
according to the following formula;

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Monthly x Number of days
wages the employee
actually worked
Numbers of in that month
days on which
the employee (Number of
is required to days eligible in
work in that the wage
month period)
(Number of
days of the
particular
wage period)
74. Section 109 (1) The wages of an employee shall be paid (1) Subject to subsection (2), every employer
Payment of wages not later than seven days after the shall pay to each of his employees not later
expiration of the wage period in respect than the seventh day after the last day of any
of which they are due. wage period the wages, less lawful
deductions earned by such employee during
such wage period.
(2) All wages due to an employee whose (2) Wages for work done on a rest day, gazetted
contract of service is terminated by expiry public holiday referred to in paragraph 104(1)
of the period for which it was made shall (a) and (b) and overtime reffered to in section
be paid to him pn the day on which such 105 shall be paid not later than the last day of
contract of service terminates; the next wage period.
Provided that 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.
(3) All wages due to an employee whose

agreement or contract is terminated by
his employer shall be paid to him on the

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day on which such agreement or contract
is terminated or, if this is not possible, on (3) Notwithstanding subsection (1) and (2) if the
the first day, not being a rest day or Director is satisfied that payment within such
gazetted holiday, after the day on which time is not reasonably practicable he may on
such agreement of contract is terminated. the application of the employer, extend the
time of payment by such number of days as
(4) All wages due to an employee who he thinks fit.
terminates his agreement or contract
without givng notice to his employer after
he has given due notice to such employer
as required under section 12 shall be
paid to him on the day on which such
agreement or contract is terminated.
(4) The wages, less lawful deductions, earned by
(5) If an employee terminates his agreement but not yet paid to an employee whose
or contract without giving notice to his contract of service terminates in accordance
employer as required by section 11 or if to section 11A(1) or of section 12 shall be
the required notice having been given the paid to such employee not later than the day
employee terminates his agreement or on which such contract of service so
contract without waiting for the expiry of terminates.
such notice, all wages due shall be paid
to him before the expiry of the seventh
day after the day on which he terminates
his agreement or contract: (5) Where an employer terminates the contract of
service of an employee without notice in
Provided that the employer may, subject to accordance with subsection 12(1) or (2) and
any order made by a Court or the Director to paragraph 13(1)(a)—
the contrary, deduct from the wages due to
the employee such sum as the employee is (a) the wages, less any deductions which the
liable to pay in lieu of notice according to the employer is entitled to make under section
provisions of section 12 or the terms of his 113, earned by such employee up to and
contract if any. including the day immediately preceding
the day on which the termination of the
contract of service takes effect; and
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(b) in addition, where the employer terminates

the contract of service under subsection
12(1), 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.
(6) Where an employee terminates his contract of

service with an employer without notice in
accordance with subsection 12(1) or (2) or
subsection 13(3), 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.
(7) The employer may, subject to any order made

by a court or the Director to contrary, deduct from
wages due to the employee such sum as the
employee is liable to pay in lieu of notice,
according to the provision of section 12 or the
terms of his contract if any.
75. Section 111 (1) Except where otherwise expressly (1) Except where otherwise expressly permitted
Wages to be paid in permitted by this Ordinance the entire amount by this Ordinance. The entire amount of the
legal tender through of wages earned by, or payable to, any wages earned by, or payable to, any employee in
financial institution employee in respect of any work done by him respect of any work done by him less any lawful
shall be actually paid to him in legal tender
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and every payment of, or on account of, any deductions, shall be actually paid to him in legal
such wages made in any other forms shall be tender and every payment of, or on account of,
illegal, null and void. any such wages made in any other forms shall be
illegal, null and void through payment into an
account in the name of the employee or an
account in the name of the employee jointly with
one or more other persons as stipulated by the
employee which is maintained with a financial
institution.
76. (2) Every employee shall be entitled to 2) Every employee shall be entitled to recover in
recover in the courts or before the director the courts or before the Director acting under
acting under section 8A so much of his section 8A so much of his wages, exclusive of
wages, exclusive of sums lawfully deducted sums lawfully deducted under section 114, as
under section 114, as shall not have been shall not have been actually paid to him in
actually paid to him in legal tender or paid to accordance with subsection (1).in legal tender or
him by any of the ways under section 111A. paid to him by any of the ways under section
111A.
77. (3) Where payment of wages is made in cash (3) Where payment of wages is made in cash it
it shall be made on working days only and at shall be made on working days only and at or
or near the workplace. near the workplace For the purpose of this
Chapter, financial institution refers to:
(a) a licensed bank under the Financial Services
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Act 2013 [Act 758];
(b) an Islamic bank under the Islamic Financial
Services Act 2013 [Act 759];
(c) a prescribed institution under the
Development Financial Institutions Act 2002
[Act 618];
(d) an entity approved under the Financial
Services Act 2013 [Act 758] and the Islamic
Financial Services Act 2013 [Act 759] as may
be specified in an order by the Minister;
(e) an institution licensed, authorised, permitted,
registered or established pursuant to any
other written law and authorized to accept
deposit; and
(f) any other person prescribed by the Minister
of Finance as a financial institution for
purposes of this Chapter.
78. Section 111A (1) Nothing in section 111 shall operate so as (1) Notwithstanding subsection 111 (1), an
to render unlawful or invalid any payment of employer may, upon a written request of the
Payment of wages wages by the employer to the employee with employee, give consent and other than a
through bank other the employee’s written consent in any of the domestic servant, make payment of his
than through bank following ways : employee’s wages -
financial institution
10.8.2018 (a) payment into an account at a bank or a (a) in legal tender; or

finance company licensed under the
Banking and Financial institution Act
1989 in any part of Sarawak being an
account in the name of the employee or
an account in the name of the employee
jointly with one or more other person, not
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being his employer;
(b) payment by cheque made payable to (b) by cheque made payable to or to the order of
or to the order of the employee. the employee.
(2) The consent of the employee under this (2) The consent given to the employee under this
section may be withdrawn by him at any time section may be withdrawn by the employer upon
by notice in writing given to the employer; and the request of the employee at any time by notice
such notice shall take effect at but not before in writing given to the employer; and such notice
the end of the period of four weeks beginning shall take effect at but not before the end of the
with the day on which the notice is given. period of four weeks beginning with the day on
which the notice is given.
(3) The consent of the employee to the mode (3) The request of the employee to the mode of
of payment of wages under subsection (1) payment of wages under subsections (1) and
shall not be unreasonably withheld or, if request to withdraw the consent given under
granted, shall not be unreasonably withdrawn subsection (2) shall not be unreasonably withheld
by the employee notwithstanding subsection by the employer.
(2).
(4) Any dispute as to whether an employee (4) Any dispute arising out of the request by the
has unreasonably withheld or withdrawn his employee under subsections (1) and (2) shall be
consent to the mode of payment of his wages referred to the Director whose decision on the
under subsection (1) shall be referred to the matter shall be final.
Director whose decision on the matter shall be
final.
(5) Nil (5) Section 8A shall not apply in respect of any
dispute under subsection (4).
79. Section 111B Tiada The Director may require for the disclosure of any
information from any financial institution with
Power of Director to
regard to the payment of wages and all other
inquire into any
payments entered into or caused to be entered
information in respect
into in respect to a contract of service.
of payment of wages
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and all other payments
arises from a contract
of service
80. Section 117 (1) Nothing in this Chapter shall render (1) Nothing in this Chapter shall render illegal a
illegal a contract of service with an employee contract of service with an employee under which
under which the employer agrees to provide the employer agrees to provide the employee with
the employee with house accommodation, house accommodation, food, fuel, light, water,
food, fuel, light, water, medical attendance, or medical attendance, or any approved amenity or
any approved amenity or approved service in approved service or any approved incentive
addition to wages but no employer shall payment scheme in addition to wages but no
provide any employee with any intoxicating employer shall provide any employee with any
liquor as part of the terms of a contract of intoxicating liquor as part of the terms of a
service. contract of service.
(2) The Director may, on application made

to him in writing by an employer, approve in (2) The Director may, on application made to him
writing any amenity or service as an approved in writing by an employer, approve in writing any
amenity or approved service, and in granting amenity or service or incentive payment scheme
such approval the director may take such as an approved amenity or approved service or
modifications or impose such conditions as he approved incentive payment scheme, and in
may deem proper. granting such approval the director may take such
modifications or impose such conditions as he
may deem proper.
81. Section 117C (1) Where a principal in the course of or for (1) Where a principal in the course of or for the
Liability of principals, the purposes of his trade or business, purposes of his trade or business, contracts with a
and contractors and contracts with a contractor for the execution contractor for, the execution by or under the
contractors for labour by or under the contractor of the whole or any contractor of the whole or any part of any work
for wages part of any work undertaken by the principal, undertaken by the principal, and any wages are
and any wages are due to any employee by due to any employee by the contractor or any sub-
the contractor or any subcontractor under the contractor under the contractor for work done in
contractor for work done in the course of the
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performance of the contract, the principal and the course of the performance of the contract, the
the contractor and any such subcontractor principal and the contractor and any such sub-
(not being the employer) shall be jointly and contractor (not being the employer) shall be jointly
severally liable with the employer to pay such and severally liable with the employer to pay such
wages as if that employee had been wages as if that employee had been immediately
immediately employed by the principal and by employed by the principal and by the contractor
the contractor and any such subcontractor: and any such sub-contractor:
Provided that –
(a) in the case of a contract for constructional Provided that –

work, the principal shall not be liable for the
payment of wages under this subsection
unless he is also a constructional contractor
or a housing developer; (a) remain
(b) the principal, and the contractor and any

subcontractor (not being the employer), shall
not be liable to any employee under this
subsection for more than the wages due to
him for any three consecutive months; and
(c) the employee shall have instituted
proceedings against the principal for the
recovery of his wages or made a complaint to (b) remain
the Director under Chapter IIA within ninety
days from the date on which such wages
became due for payment by his employer in
accordance with the provisions for the
payment of wages contained in Part IV.

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(c) remain
(1A) Where the principal, contractor or

subcontractor enters into contract with contractor
for labour, subsection (1) shall apply mutatis
mutandis to wages due to any employee supplied
by such contractor for labour for the purpose of
the agreement.
82. 117D Nil (1) Any agreement by the contractor for labour
Agreement by a shall be in writing.
contractor for labour
(2) The Director may request the agreement and
any other documents relating to the
agreement for inspection.
(3) Any person who contravenes subsection (1)
commits an offence.
83. (1) A contractor for labour who intends to supply

117E Nil or undertakes to supply any employee shall
Information relating to register with the Director in the prescribed form
supply of employees within fourteen days before supplying the

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employee.
(2) 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.
(3) A contractor for labour who—
(a) supplies his employee without registering with

the Director as required under subsection (1); or
(b)fails to keep or maintain any register, or make

available any register for inspection as required
under subsection (2),
commits an offence and shall, on conviction, be

liable to a fine not exceeding ten thousand
ringgit.
CHAPTER XIVA
EMPLOYMENT OF NON-RESIDENT
EMPLOYEE
84. Section 119A (3) Nil (3) If the service of a non-resident employee is
Duty to furnish

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information and terminated-
returns
(a) by the employer;

(b) by the non-resident employee;
(c) upon the expiry of any employment pass
issued by the Immigration Department of
Malaysia to the non-resident employee; or
(d) by the repatriation or deportation of the non-
resident employee,
the employer shall, within thirty days of the

termination of service, inform the Director of the
termination in a manner as may be determined by
the Director.
(4) Nil (4) For the purpose of paragraph (3)(b), the
termination of service by a non resident employee
include the act of the non-resident employee
absconding from his place of employment.
83. Section 119F Nil (1) In the case of any person convicted of any
Prohibition of offence under this Ordinance the Director shall
Employment of Non- prohibit the employer form engaging any non-
Resident Employee resident employees for a specified of time as
determined by the Director.
(2) In the case of any person convicted of any
offence under Anti-Trafficking in Persons and
Anti Smuggling of Migrants Act 2007 or any
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written law in relation to anti-trafficking in
persons and forced labour, the Director shall
prohibit the employer form engaging any
non-resident employees in the future.
PART IVA
EMPLOYEES MINIMUM STANDARD OF
HOUSING, ACCOMODATION AND
AMENITIES
CHAPTER XVA
For the purposes of this Part :-
PRELIMINARY
“contract of service” means any agreement,
84. Section 120A Nil
whether oral or in writing and whether express or
Definition of contract implied, whereby one person agrees to employ
of service another as an employee and that other person
agrees to serve his employer as an employee;
“employer” means—
Definition of Nil
(a) any person who has entered into a contract
“employer”
of service to employ any other person as a
an employee and includes the agent,
manager and factor of such first mentioned
person, and the word “employ”, with its
grammatical variations and cognate
expressions, shall be construed
accordingly; or
(b) where the owner or lessee (including the
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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 term “employ” with its grammatical
variations and cognate expressions, shall be
construed accordingly;
“housing” means building built by employer for
Definition of housing Nil
housing of employees and their dependants.
“Medical Officer of Health” means any medical

Definition of Medical Nil
practitioner in the service of the Government or
Officer of Health
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, the Deputy Director of
Health, the Director of Health Services, any
Deputy Director of Health Services, any State
Director of Medical and Health Services, any
State Deputy Director of Medical and Health
Services, the Sabah State Director of Medical
Services and his Deputy and the Sarawak State
Director of Medical Services and his Deputy, and
for the purpose of subsection 120ZI(1), includes
any officer authorized in writing in that behalf by
the Medical Officer of Health;

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“place of employment” means a place where work
Definition of place of Nil
is carried on by or on behalf of or for an employer
employment
and shall include any place in which employees
are housed by an employer;
(1) The Minister may by order impose condition

85. Section 120B Nil
and maximum amount for rental of the
Minister’s power accommodation and the employer may collect the
Exemption and amount by deduction from the employees wages.
Restriction
(2) The Minister may by order exempt or prohibit,

Nil
any employer or class of employers or any
building or class of buildings prescribed in the
order from all or any of the provisions of this Part.
(3) Notwithstanding any provisions under this
Nil
Part, the Minister may issue direction published in
the Gazzette require any employer to provide
accommodation to any category of employees.
CHAPTER XVB
86.
Tiada ESTATE
(CHAPTER XVB, XVC and XVD only applies to
estate)
(1) Nothing in this Chapter shall apply to any

Section 120C
place of employment or part thereof, situated
within the area of City Council, a Municipal
Council or Federal Territory.
(2) Notwithstanding subsection(1), the Minister

may by order declare this Chapter or any
provision thereof, to be applicable to any
place of employment or to any specified
class of place of employment situated within
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the area of Municipal Council.
(3) Upon the commencement of any order made

under subsection(2), any written law in force
in such area, relating to the control of
erection of building shall in respect of the
said place of employment, cease to have
effect.
For the purposes of CHAPTER XVB, XVC and

87.
XVD :
“building” means any building used for the

Section 120D Nil
housing of employees and includes a nursery
Definition of building and a community hall;
Nil “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
worker was adopted in accordance with any
written law relating to adoption;
“District Engineer”, in respect of a district, means
Nil
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

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district and, for the purpose of section 120ZI(1),
includes any officer authorized in writing in that
behalf by the District Engineer;
“estate” means any agricultural land exceeding
Definition of estate Nil
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 order of the
Minister;
“resident manager”, in relation to an estate,
Definition of resident Nil
means any employer or agent of an employer who
manager
resides on, or is in immediate charge of, the
estate in which the workers are employed;
Definition of resident Nil
registered medical “resident registered medical practitioner”, in
practitioner relation to an estate, means any registered
medical practitioner employed by the employer
and who resides on the estate in which the
employees are employed;
CHAPTER XVC
HOUSING AND OTHER AMENITIES
Building to comply with requirements
88. Section 120E
Nil
Building to comply (1) Except as provided in subsection (2), no
with requirements employer shall house or cause or permit to be
housed any employee employed by him or by any
other person (with whom he has contracted for the
purpose of executing any work for or connected
with his business, trade, operation or interest) in
any building either owned by him or is within his
possession or control which does not comply with

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

comply with the provisions of this Part or any rule
made thereunder.
Nil (2) Any building, which immediately before the
commencement of this Part was used for the
housing of employees or 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 rule
made thereunder.
Nil (3) Notwithstanding the provision in subsection (2)

the Director, upon application by an employer,
may 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.
Nil (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

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Part or any rule made thereunder, 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 aforesaid notice

period, the employer fails to take such action as is
required to the satisfaction of the Director, the
Director may issue to the employer concerned an
order in writing requiring the aforesaid employer to
demolish and replace, alter or repair such building
or to make good any deficiency or defect thereof
within six months of the order and subject to such
conditions as the Director may specify in the
order; and any such order 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:
Provided that where an appeal has been made

under section 120ZJ 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

89. Section 120F
Nil maintenance of houses
Supply of water and
electricity and (1) Where employees and their dependants are
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maintenance of houses provided with housing at their place of
employment it shall be the duty of the employer of
such place of employment—
(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.
Nil (2) For the purpose 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:
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
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requirement of such provision.
Nil (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.
Nil (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.
Nil (5) Where any extension or structural alteration
has been made to the buildings without the
permission of the Director, the Director shall, after
giving one month’s notice, require the employer to
have the extension or structural alteration
demolished.
Nil Construction of building intended to be used

90. Section 120G
for the housing of employees, as a nursery or
Construction of as a community hall
building intended to be
used for the housing of (1) In relation to a building which is to be
employees, as a erected or converted for the housing of
nursery or as a employees or for use as a nursery or as a
community hall community hall, there shall be submitted by the
employer to the Director for the approval of the

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approving authority as hereunder provided in
subsection (2), the plans of the building and of its
site, and no work relating to the aforesaid building
shall be begun unless and until the plans so
submitted have been approved.
Nil (2) The approving authority aforesaid shall—
(a) in the case of a plan of a building, be the

Director; and
(b) in the case of a plan of the site of the

building, and of the sanitary arrangements,
be the Medical Officer of Health.
Nil (3) For the purpose of securing that the

minimum standards required under this Part or
any rule made thereunder are complied with, the
approving authority may approve such plans
subject to such conditions (including alterations of
the plans) as he may deem fit to impose thereon.
Section 120GA
Building endangering
health or safety
Nil Building not originally built for the housing of
91. Section 120H
employees
Building not originally
built for the housing of (1) A building originally built for a purpose other
employees than the housing of employees shall not be used
for, or be converted for the purpose of, the
housing of employees, unless an application in
that behalf has been made to and approved by
the Director.

RAHSIA

Nil (2) The application required to be made under
subsection (1) 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 subsection
120G(2) and 120G(3) 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.
Nil Nursery
92. Section 120I
Nursery (1) Where there are employees residing on the
place of employment and such employees have
together no less than 10 dependants under four
years of age living with them, the Director may, by
order, require the employer of such employees to
construct at the aforesaid place of employment
within such reasonable time as may be specified
therein a nursery of a size capable of
accommodating such number of employees’
dependants as may be specified therein, and on
being so required, the employer shall construct
such nursery accordingly:
Provided that any subsequent reduction in the

number of dependants after the order has been
issued shall not invalidate such order.
Nil (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
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number specified in the requirement mentioned
in subsection (1).
Nil (3) On each day a dependant is

accommodated at the nursery, he shall be
provided by the employer at his own expense with
a supply of milk in sufficient quantity and of good
quality, and play equipment.
Nil (4) An employer who fails to comply with the

provisions of this section shall be guilty of an
offence and shall, on conviction, be liable to a fine
not exceeding fifty thousand ringgit and to a
further fine of one thousand ringgit for each day
during which the offence continues.
Nil Allotment of land

93. Section 120J
Allotment of land (1) Where there are employees residing on the
place of employment, the employer of such
employees shall set aside land which has been
cleared, for allotment to such workers for
cultivation, grazing or partly cultivation and partly
grazing:
Provided that an employer is not required to

exercise any permanent cultivation which has
been planted by him at least 12 months
previously.
Nil (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

RAHSIA

aforesaid shall be entitled to have allotted to him
an area of 250 square metres of the land so set
aside.
Nil (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 a worker 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.
Nil (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, except with the

permission in writing of a Medical Officer of
Health, be situated at a distance of not less
than 183 meters from the houses of the
employees.
Nil (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.
Nil (6) Any employer who contravenes the

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further fine of one thousand ringgit for every day
the offence continues.
Nil (7) In this section “place of employment”, in

relation to the allotment of land set aside, means
an estate or such other place as may be
prescribed by the Minister to be a place of
employment to which this section applies.
Section 120K Community hall, sports and other recreational

94. Nil
Community hall, sports facilities
and other recreational (1) The Director may by order require the
facilities employer in any place of employment where there
are not less than 100 employees residing at the
place of employment—
(a) to construct at the aforesaid 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
Nil
hall, sports and other recreational facilities
aforesaid in a satisfactory condition.
(3) Any employer who fails to comply with the

Nil

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further fine of one thousand ringgit for each day
during which the offence continues.
Section 120L No rent or charge to be levied for benefits
95. Nil
under Chapter XVB and XVC
No rent or charge to be
levied for benefits
An employee engaged in such place of
under Chapter XVB
employment as may be prescribed by the Minister
and XVC
shall not be required to make any payment for
rent or charge in respect of any housing, nursery,
community hall, sports and other recreational
facilities, sanitation, or allotment of land provided
for the worker under this Part.
CHAPTER XVD
HEALTH, HOSPITAL, MEDICAL TREATMENT
AND SANITATION
Section 120M Definition of dependant
96. Nil
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 worker.
Section 120N Employer to construct and maintain estate

97. Nil
Employer to construct hospital
and maintain estate
hospital (1) The Director may, at any time by order in

RAHSIA

writing, require any employer to construct within a
reasonable time to be stated in such order and
thereafter to maintain at his own expense, a
hospital, hereinafter called “estate hospital”, on or
in the immediate neighbourhood of any estate
upon which employees are employed by him with
accommodation for such number of patients as
may be stated in such order.
(2) Where there is already a hospital
Nil
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.
(3) For the purposes of subsection (1) or (2) the

Nil
Director may further require the employer to
employ a registered medical practitioner,
registered under the Medical Act 1971, 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.
(4) If two or more estates are so situated that

Nil
the required accommodation for patients from
such estates can be conveniently provided in one
hospital, the Director may, 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

RAHSIA

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, or if there
is already a hospital erected and maintained
jointly by two or more employers (whether
constructed under the provisions of this section or
not) may order them 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.
(5) For the purposes of subsection (4) the
Nil
Director may further require the employers to
employ a registered medical practitioner,
registered under the Medical Act 1971, 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.
(6) Where there already exists an estate
Nil
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.
(7) Every employer referred to in this section
Nil
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 Hospitals Act 1971 [Act 43] and any rule
made thereunder.

RAHSIA

(8) No employer who has constructed and
Nil
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 the prior
written permission of the Director.
Section 120O Payment and recovery of hospital expenses by
98. Nil
Payment and recovery employer
of hospital expenses
by employer (1) It shall be the duty of every employer to
provide for every employee employed on an
estate including his dependants who reside on
such estate or on any other land owned or leased
by or is within the control of the employer, medical
attendance, care and treatment including diet at
the estate hospital or group estate hospital
established under section 120N or at the estate
clinic established under section 120R.
(2) The employer may recover from such
Nil
employee the expenses of such care, treatment
and maintenance at such rate as the Minister may
from time to time prescribe by notification in the
Gazette in respect of any period in excess of 30
days during which such employee or any of his
dependants shall have remained in the hospital.
Provided that not more than thirty days’ expenses

in hospital in respect of any employee or
dependant shall be recoverable.
(3) No expenses paid by an employer under
Nil
subsection (1) shall be recoverable from any

RAHSIA

employee.
Section 120P Sick employees being admitted to a

99.
Nil Government hospital
Sick employees being (1) If an employee at the time of his admission

admitted to a to a Government hospital was employed and
Government hospital residing on any estate the employer shall pay the
expenses of maintenance and treatment in such
hospital of such employee and of any dependant
of such employee at such rate as the Minister
may, from time to time, prescribe by notification in
the Gazette.
(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) No expenses paid by an employer under

subsection (1) shall be recoverable from any
employee.
Section 120Q Transportation of sick employees to hospital

100. Nil
Transportation of sick
employees to hospital (1) It shall be the duty of the employer and of the
resident
RAHSIA

manager at their own expenses—
(a) to have every employee employed on the

estate and any dependant of such worker who
requires medical treatment to be transported
safely without delay to and from the hospital
provided for employees employed on the
estate or, if there is no such hospital, to and
from the nearest Government hospital; and
(b) to make such arrangements and to provide

such appliances for the safe transport of a sick
employee or any sick dependant of a
employee to and from hospital as the Medical
Officer of Health or any Medical Officer may,
from time to time, require.
(2) The Medical Officer of Health or any
Nil
Medical Officer may require the employer or
resident manager to remove any employee on
the estate who requires medical treatment to
hospital.
(3) Any employer or resident manager who

Nil
contravenes the provisions of this section, shall be
guilty of an offence and shall, on conviction, be
liable to a fine not exceeding fifty thousand ringgit
and to a further fine of one thousand ringgit a day
for each day during which the offence continues.
Section 120R Medical treatment in estate on which a
101. Nil
Medical treatment in hospital is not maintained
estate on which a (1) On any estate where there is no estate
hospital is not hospital or a group estate hospital available, the
maintained Director may, by order, after consultation with the

RAHSIA

Medical Officer of 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.
(2) The Director shall specify in such order the
Nil
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
Nil
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.
(4) No employer who has established and
Nil
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 the prior written
permission of the Director.
Section 120S Duty to report suspected cases of infectious

102. Nil
Duty to report disease
suspected cases of (1) It shall be the duty of the resident registered
infectious disease medical practitioner, or, in his absence or if there
is no resident registered medical practitioner, the
resident manager, to isolate at once any
employee or other person on an estate whom he

RAHSIA

may suspect to be suffering from any infectious
disease as defined in the Prevention and Control
of Infectious Diseases Act 1988 [Act 342], and to
detain under observation any other person whom
he may deem likely to have contracted such
disease and with the least possible delay to notify
the nearest Medical Officer (District Health Office /
Government Health Facilities – comment by JK),
and pending the arrival on the estate of the
Medical Officer of Health, 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.
(2) Any person who neglects to perform the
Nil
duty imposed upon him by subsection (1) shall be
guilty of an offence and shall, on conviction, be
liable to a fine not exceeding fifty thousand
ringgit and to a further fine of one thousand
ringgit a day for each day during which the
offence continues.
Section 120T Duty of employer to segregate an employee

103. Nil
Duty of employer to suffering from infectious disease
segregate an employee (1) On the occurrence of any infectious disease
suffering from on any estate it shall be the duty of the employer
infectious disease forthwith if so directed by the Medical Officer of
Health or a Medical Officer, to provide a place
where a an employee may be segregated in the
interest of public health or of any other worker
employee employed on the estate and to make at
his own expense such arrangements for the
maintenance of such employee while so
segregated and for the treatment of any
RAHSIA

employee suffering from such disease as may
seem necessary to the Medical Officer of Health
or such Medical Officer.
(2) If at any time it appears to the Medical Officer

Nil
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 that
he be removed and placed under medical
supervision, 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 there to be detained until
discharged by order in writing of the Medical
Officer of Health or a Medical Officer.
Section 120U Power of Medical Officer of Health to order

104. Nil
Power of Medical immunization against infectious disease
Officer of Health to The Medical Officer of Health may at any time if it
order immunization appears to him necessary for the health of the
against infectious employees employed on any estate, by order in
disease writing to the employer or resident manager, direct
that such employer or resident manager at his
own expense make arrangements so that all or
any of the employees and their dependants be
given immunization against any infectious
disease.
Section 120V Weekly inspection of employees’ housing

105. Nil
Weekly inspection of
employees’ housing (1) It shall be the duty of the employer of a

RAHSIA

place of employment where employees and their
dependants are provided with housing
accommodation to ensure that—
(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;
(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
Nil
that all buildings used for the housing of
employees, nurseries or community halls are
visited and inspected weekly by an estate hospital
assistant registered under the Estate Hospital
Assistants (Registration) Act 1965 [Act 435] 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
RAHSIA

any employee found in the buildings who appears
to be suffering from any health complaint and
report to the resident manager accordingly.
(3) The findings of the estate hospital assistant
Nil
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.
(4) In any case where the Medical Officer of

Nil
Health shall consider that the visits, inspections or
other duties, prescribed by 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.
Chapter XVE
(CHAPTER XVE and XVF only applies to
accommodation other than estate)
Section 120W For the purposes of Chapter XVE and XVF –
106. Nil
Definition
“accommodation” means any building provided by
employer or centralised accommodation provider
as employees’ dwelling;
Nil
“building” means any building that is used for
accommodation;

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Nil
“centralised accommodation” means any building
used as employees’ dwelling for one or more
employers;
“centralised accommodation provider” means any
Nil
person who provides, manages and supervises
the service of centralised accommodation to one
or more employees, but does not include
employer who provides accommodation.
“in charge of accommodation” means any person

Nil
appointed by an employer or centralised
accommodation provider who is responsible for
accommodation, safety and health of employees
and other amenities;
Section 120X Function and Power of Director In Relation To

107. Nil
Function and Power of Accomodation
Director In Relation To
Accomodation (1) The Director shall have the following functions:
(a) to administer and regulate all matters

relating to accommodation;
(b) to direct employer or centralised

accommodation provider to submit any
information and documents relating to
accommodation;
(c) to issue any directive to employer or

centralised accommodation provider to
provide any other amenities relating to
accommodation;

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(d) to issue a Certificate for accommodation;

and
(e) to do anything incidental to any of his

functions under Chapter XVE and XVF.
(2) The Director shall have the power to do all
Nil
things necessary or expedient for or in connection
with the performance of his functions under
Chapter XVE and XVF.
CHAPTER XVF
ACCOMMODATION FOR EMPLOYEES NOT
ACCOMPANIED BY FAMILY AND
CENTRALISED ACCOMMODATION
Section 120Y Providing accommodation and amenities by
108. Nil
Providing employer.
accommodation and
amenities by employer. (1) Any employer who provides accommodation
shall comply with the minimum standards
provided under this Part, rules, orders and
directives made thereunder.
(2) Subject to subsection (1), a Certificate for

Nil
Accommodation shall be obtained from the
Director in the form and manner as may be
determined and accompanied by a processing
fee.
(3) Any employer on his own accord, who

Nil
provide accommodation or through centralised
accommodation provider, shall give notice to the
Director within 30 days from the date of

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accommodation in the form and manner as may
be determined by the Director.

Nil
or (2) 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.

Nil
commits an offence and shall, on conviction be
liable to a fine not exceeding fifty thousand ringgit.
Section 120Z
109. Nil
Providing Providing accommodation and amenities by
accommodation and centralised accommodation provider.
amenities by
centralised (1) Any centralised accommodation provider who
accommodation provides accommodation for any employer shall
provider. comply with the minimum standards provided
under this Part, rules, orders and directions made
thereunder
(2) Subject to subsection (1), a Certificate for

Nil
Accommodation shall be obtained from the
Director in the form and manner as may be
determined and accompanied by a processing
fee.
(3) Any centralised accommodation provider
Nil
who contravenes subsection (1) or (2) 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.

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Section 120ZA
110. Nil
Accommodation shall Accommodation shall comply with the laws of
comply with the laws local authorities.
of local authorities.
(1) No employer or centralised accommodation
provider may use any building as employees’
dwelling which is not authorized for the purpose of
accommodation in accordance with the relevant
laws.
(2) Any employer or centralised

accommodation provider who contravenes
subsection (1) commits an offence and shall, on
conviction be liable to a fine not exceeding fifty
thousand ringgit or imprisonment for a term not
exceeding one year or to both.
Section 120ZB Amenities.
111. Nil
Amenities.
Any employer or centralised accommodation
provider shall provide adequate and decent
amenities in accordance with the rules, orders or
directives made under this Part.
Section 120ZC Safety and health.
112. Nil
Safety and health.
(1) Any employer or centralised
accommodation provider shall provide separate
accommodation to employees of the opposite
gender.
(2) Employer or centralised accommodation

Nil
provider shall take preventive measures and fire
safety measures in accordance with the relevant

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laws.

Nil
provider shall ensure electrical wiring complies
with safety requirements in accordance with the
relevant laws.

Nil
provider shall provide medical assistance.

Nil
provider shall take preventive measures to contain
the spread of infectious diseases as ordered by
medical authorities in accordance with the
relevant laws and includes the cost of
immunization of employees against infectious
diseases as ordered by the Medical Officer.
Section 120ZD Maintenance

113. Nil
Maintenance .
Employer or centralised accommodation provider
shall ensure the employees’ accommodation is
maintained regularly so that it will be in good
condition and clean.
Section 120ZE Appointment of person in charge of

114. Nil
Appointment of person accommodation.
in charge of
accommodation Employer or centralised accommodation provider
shall appoint at least one person in charge of
accommodation who is responsible for:

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(a) safety and health of the employees;
(b) the accommodation; and
(c) amenities
that are provided in accordance with the

provisions of this Part, rules, orders and directions
made under this Part.
(2) It is the duty of the employer or centralised

Nil
accommodation provider to ensure the person in
charge of accommodation to be well-equipped
with the counselling training.
(3) It shall be the duty of the person in charge of

Nil
accommodation to ensure all the buildings are
visited and inspected twice a month and a record
is kept in the place of employment.
(4) It shall be the duty of the person in charge of

Nil
accommodation to ensure an employee is taken
to hospital if the employee complaints of his
health or appears to be suffering from any health
condition and a record is kept in the place of
employment.
Section 120ZF Notice to vacate the accommodation or

115. Nil
Notice to vacate the employees housing.
accommodation or
employees housing. Where the contract of service is terminated, the
employer shall require for the employee to vacate
the accommodation by giving notice in writing to
the employee not less than thirty days before the
expiry of termination notice or the contract of

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service.
Chapter XVG
RULES
Section 120ZG (1) The Minister may, from time to time, make
116. Nil
Rules such rules as may be necessary or expedient for
giving full effect to the provisions of this Part, or
for the further, better or more convenient
implementation of the provisions of this Part.
(2) Without prejudice to the generality of

subsection (1) rules may be made—
(a) to prescribe the minimum requirements for

various classes of buildings (including
temporary buildings) to be used for the
housing of employees or as nurseries or
community halls, the minimum sanitary
requirements, water and electricity supplies
and other matters pertaining to health in
respect of such buildings;
(b) to prescribe the minimum equipment and

staff for nurseries and the type and amount of
milk, play equipment and play activity
programmes to be provided for the dependants
accommodated therein under section 120I;
(c) to prescribe, in consultation with the

Minister of Health—
(i) as regards clinics, the minimum

equipment, surgical and medical
appliances, drugs, staff and the types of
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services to be provided and the registers
and records to be kept; and
(ii) as regards water supply, the manner in

which water is to be filtered and treated;
(d) to prescribe the procedure for the

submission and approval of plans of buildings
and their sites;
(e) to prescribe the form of any register,

summons or order required to be kept, issued
or made under this Part; and
(f) to prescribe anything which may be

prescribed under this Part.
Chapter XVH
GENERAL PROVISIONS, APPEALS AND
OFFENCES
Section 120ZH Minister may vest certain officers with power

117. Nil
Minister may vest and duties
certain officers with
power and duties The Minister may by order vest in an officer
appointed under subsection 3(1A) of the Labour
Ordinance (Sarawak Cap. 76) and in the Director
of Social Welfare and authorized officers
appointed under the Child Care Centre Act 1984
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[Act 308] all or any of the powers conferred upon
the Director by this Ordinance and every duty so
performed and every power so exercised shall be
deemed to have been performed and exercised
for the purpose of this Part.
Section 120ZI Power of Director, etc. to inspect, investigate

118. Nil
and to issue summons
Power of Director, etc.
to inspect, investigate (1) The Director, Medical Officer of Health or
and to issue summons District Engineer shall have power at all times
without the need for previous notice—
(a) to enter and inspect any place of

employment or any building which, he
believes, is used by an employer for the
housing of his workers or as a nursery or as
a community hall;
(b) to enter and inspect any estate hospital,

group estate hospital and clinic where
workers are provided with

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(c) medical attendance, care and treatment;
and
(d) to make such inquiry or investigation as he

considers necessary in relation to any
matter within the provisions of this Part.
(2) In the course of an inspection under this

Part the Director, Medical Officer of Health or
District Engineer may—
(a) put questions relating to matters covered

under the provisions of this Part, either in
private or in the presence of witnesses, as
they may choose, to the owner or occupier
of the place of employment, or his
representative, to the employer of any
worker employed thereat or his
representative, to any person in charge of
the workers, to the workers themselves and
to any other person whose evidence he
may consider necessary; and all such
persons shall be legally bound to answer
such questions truthfully to the best of their
ability;
(b) require the employer to produce before him

all or any of the workers employed by him
together with any records, registers and
documents relating to matters covered
under the provisions of this Part including
any contract of service, book of account of
wages, register and any other document
relating to such workers or their
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employment and to answer such questions
in respect thereof as he may think fit to ask;
(c) copy or make extracts from such record,

contract of service, book of account of
wages, register and any other document
referred to in paragraph (b);
(d) take possession of such record, contract of

service, book of account of wages, register
and any other document where, in his
opinion—
(i) the inspection, copying or the making of

extracts from such record, contract of
service, book of account of wages,
register or any other document cannot
reasonably be undertaken without taking
possession of them;
(ii) they may be interfered with or destroyed

unless he takes possession of them; or
(iii) they may be needed as evidence in any

legal proceedings under this Part; and
(e) take samples of water supplies for

examination and analysis.
(3) As respects the power to inspect, inquire

and investigate aforesaid, the Director may by
summons in the prescribed form require any
person, whom he has reason to believe to be able
to give any information relevant to the matter in
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question, to give such information, and any
person so summoned shall be bound to attend
before the Director and to answer truthfully any
question put to him by the Director relating to the
said matter.
(4) Sections 129 of the Ordinance shall apply to

the service of a summons issued under this
section as they apply to a summons issued under
section 7 and Chapter IIA of the said
Ordinance.
Section 120ZJ Appeal
119. Nil
Appeal (1) Subject to subsection (2) any employer
aggrieved by any order or decision made under
this Part or any rule made thereunder may within
thirty days of such order or decision in writing
being received by him appeal to the Minister.
(2) An appeal against the order or decision of

an officer appointed under section 120ZH shall
not be brought to the Minister unless and until
such appeal shall have first been brought to the
Director within the time stipulated in subsection
(1).
(3) The decision of the Minister in respect of an

appeal under this section shall be final.
Section 120ZK Failure to comply with order under sections
120. Nil
120E, 120GA, 120K, 120N, 120R
Failure to comply with
order under sections Any employer who fails to comply with any order
120E, 120GA, 120K, made under sections 120E, 120GA, 120K, 120N,
120N, 120R 120R commits an offence and shall, on conviction,
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be liable to a fine not exceeding fifty thousand
ringgit and to a further fine of one thousand
ringgit a day for each day during which the
offence continues.
Section 120ZL Failure to comply with section 120S or 120T

121. Nil
Failure to comply with Any resident manager who fails to comply with
section 120S or 120T section 120S or with any requirement of the
Medical Officer of Health under section 120ZL
commits an offence and shall, on conviction, be
liable to a fine not exceeding two thousand ringgit
and to a further fine of one hundred ringgit a day
for each day during which the offence continues.
Section 120ZM Under Part XVA

122. Nil
Under Part XVA Any employer who contravenes any provision of
this Part or any rule made thereunder or who fails
to carry out any order made by the Director under
this Part, shall be guilty of an offence under such
provision, and if no penalty is expressly provided
for the offence shall, on conviction, be liable to a
fine not exceeding fifty thousand ringgit and to a
further fine not exceeding one thousand ringgit
a day for each day during which the offence
continues.
Chapter XVH
REPEAL AND SAVINGS
Section 120ZN Repeal and savings in respect thereof

123. Nil

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Repeal and savings in (1) The written laws specified in the Schedule
respect thereof to this Part are hereby repealed.
(2) Any rule made under any of the laws
repealed in subsection (1) shall continue in force
until revoked or replaced by rules made under this
Part.
(3) The Minister may, whenever it appears to him

necessary or expedient so to do whether for the
purpose of removing difficulties or in consequence
of the passing of this Part, by order make such
modifications to any provision in any rule in
subsection (2) as he may think fit
CHAPTER XVI
GENERAL
124. Section 123A NIL (1) The Director may, by written notice to an
employer and without any compensation, suspend
Suspension or or revoke a licence or permit granted under this
revocation of licence Ordinance if he is satisfied that the employer-
and permit
(a) has contravened or failed to comply with any

of the provisions of this Ordinance or any rule
made under this Ordinance;
(b) has failed to comply with any conditions

imposed by the Director;
(c) has been convicted of an offence under this

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Ordinance or the director of the private
employment agency has been detained under any
written law in relation to anti-trafficking in persons
and forced labour;
(e) has failed to comply with any written directions

issued by the Director under this Ordinance;
(f) has induced the granting of the licence by a

false representation of fact;
(2) The Director shall not suspend or revoke a

licence unless he is satisfied that, after giving the
employer an opportunity to make any
representation in writing as to why the licence or
permit should not be suspended or revoked within
the period specified in the written notice, the
licence or permit should be suspended or
revoked.
(3) After the expiry of the period specified in the

written notice and after considering the
representation made under subsection (2), the
Director shall decide whether or not to suspend or
revoke the licence or permit.
(4) The Director shall inform an employer of his

decision under subsection (3) by written notice.

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(5) The employer shall after receipt of the written

notice on the suspension or revocation under
subsection (4)-
(6) If a licence has been suspended under

subsection (3), the Director shall require the
employer to remedy the contravention or to take
corrective action within the period as specified by
the Director.
(7) If the Director is satisfied that the employer

has failed to remedy the contravention or take
corrective action as required under subsection (6),
the Director shall revoke the licence of the
employer.
(8) An employer may, within twenty-one days from

the date of receipt of a revocation notice from the
Director, appeal to the Minister.
(9) If a licence-
(a) has been revoked, the licence shall have no

effect from the date of revocation and the private
employment agency shall within fourteen days
from the date of revocation of the licence,
surrender the licence to the Director General; or

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(b) has been suspended, the licence shall have no

effect during the period of suspension.
125. No action shall lie or be brought, instituted or
Section 125B No suit shall lie against the Director and all maintained in any court against—
Protection of Director officers duly appointed or authorized under
and Officers this Ordinance for anything done or omitted to
be done by him in good faith without (a) the Director, Deputy Director or any other
negligence and in the intended exercise of officer duly appointed under this Ordinance for or
any power conferred or performance of any on account of or in respect of any act ordered or
duty imposed by this Ordinance. done for the purpose of carrying this Ordinance
into effect; and
(b) any other person for or on account of or in

respect of any act done or purported to be done
by him under the order, direction or instruction of
the Director, Deputy Director or any other officer
duly appointed under this Ordinance,
if the act was done in good faith and in a

reasonable belief that it was necessary for the
purpose intended to be served by it.
126.
Section 127 Nothing in this Ordinance shall be construed Nothing in this Ordinance shall be construed as
Saving clause as to as preventing any employer or employee from preventing any employer or employee from
civil jurisdiction of enforcing his civil rights and remedies for any enforcing his civil rights and remedies for any
courts breach or non-performance of a contract of breach or non-performance of a contract of
service by any suit in Court in any case in service by any suit in Court in any case in which
which proceedings have not been instituted proceedings have not been instituted before the
before the Director under section 8A or, if Director under section 8A, 8C, 8D, 9C or if
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instituted, have been withdrawn.
instituted, have been withdrawn.
127.
Section 129(1) (1) Remain (1) Remain
Service of summons
(a) if the person to be summoned has an (a) if the person to be summoned cannot be
agent authorised to accept service of the found and has an agent, authorised to accept
summons on his behalf, service on such service of the summons on his behalf, service on
agent shall be sufficient; such agent shall be sufficient;
(b) if the person to be summoned cannot be (b) if the person to be summoned cannot be found
found and has no agent authorised to accept and has no agent authorised to accept service of
service of the summons on his behalf, service the summons on his behalf, service on any adult
on any adult male member (not being a male member (not being a domestic servant
domestic servant) of the family of the person employee) of the family of the person to be
to be summoned who is residing with him summoned who is residing with him shall be
shall be sufficient. sufficient.
(2) Remain (2) remain
(a) ….. (a) remain
(b) by sending such copy by post in a letter (b) by sending such copy by registered post in
addressed to the corporation at its principal a letter addressed to the corporation at its
office, whether such office be siruated within principal office, whether such office be situated
Malaysia or elsewhere; or within Malaysia or elsewhere; or
(c) ….. (c) remain
CHAPTER XVIA
OFFENCES AND PENALTIES
128. Under Chapter IIA 130C. Under Chapter IIA (1)

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If – If –
(a) any person fails to comply with an order (a) any person fails to comply with an order or
or decision of the Director made under decision of the Director made under
subsection (1) of section 8A, subsection subsection (1) of section 8A, subsection (1) of
(1) of section 8C or subsection (1) of section 8C or subsection (1) of section 8D; or
section 8D; or
(b) any employer prevents or attempts to prevent
(b) any employer prevents or attempts to any employee from appearing before the
prevent any employee from appearing Director under Chapter IIA,
before the Director under Chapter IIA,
he commits an offence and shall be liable on
he commits an offence and shall be liable on conviction, to a fine not exceeding ten thousand
conviction, to a fine not exceeding ten ringgit and in the case of a continuing offence, be
thousand ringgit and in the case of a liable to a fine not exceeding one hundred ringgit
continuing offence, be liable to a fine not for each day during which such offence is
exceeding one hundred ringgit for each day continued after conviction.
during which such offence is continued after
conviction. (2) Where the employer has been convicted of an
offence under paragraph (1)(a), the court before
Nil which he is convicted may order the employer to
pay any payments due to the employee as
ordered by the Director under subsection (1) of
section 8A, subsection (1) of section 8C or
subsection (1) of section 8D.
(3) Where an employer fails to comply with an

order made under subsection (2), the court shall,
on the application of the employee, issue a
warrant to levy the employer’s property for any
payments due to the employee under subsection
(2) in the following manner:
Nil
(a) by way of distress and sale of employer’s
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property in accordance with the same

procedure of execution under the Rules of
Court 2012 and this execution shall apply
mutatis mutandis notwithstanding the amount in
the order; or
(b) in the same manner as a fine as provided

under section 283 of the Criminal Procedure
Code [Act 593].
CHAPTER XVIA
Offences and Penalties
129. Section 130E 130E. An employer who - 130E. An employer who -
Under Chapter X
(a) …………. (a) ………….
(b) …………. (b) ………….
(c) destroys, alters or mutilates the register (c) destroys, alters or mutilates the register
referred to in paragraph (a), or causes or referred to in paragraph (a) (b), or causes or
permits the register to be destroyed, permits the register to be destroyed, altered
altered or mutilated; or mutilated;
(d) ………….
(d) …………. (e) ………….
(e) …………. (f) ………….
(f) …………..
Commits and offence and shall be liable on
Commits and offence and shall be liable on conviction to a fine not exceeding ten thousand
conviction to a fine not exceeding ten ringgit.
thousand ringgit.
130. Section 130F (1) Any person contravening any of the (1) Any person contravening any of the provisions
provisions of Chapter XI or of any rule or of Chapter XI or of any rule or order made
Under Chapter XI order made thereunder or who being the thereunder or who being the parent or guardian
parent or guardian of a child or young person of a child or young person knowingly acquiesces

RAHSIA

knowingly acquiesces in any such in any such contravention in respect of such child
contravention in respect of such child or or young person, commits an offence and shall
young person, commits an offence and shall be liable on conviction to a fine not exceeding ten
be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a
ten thousand ringgit or to imprisonment for a term not exceeding two three years or to both
term not exceeding two years or to both. and, in the case of a second or subsequent
offence, shall be liable on conviction to a fine not
exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding five years
or to both.
131. Any employer who – Any employer who –
Section 130H
Under Chapter XIB (d) dismisses a female employee from her (d) dismisses terminates a female employee from
employment during the period in which she is her employment during the period in which she is
entitled to maternity leave; or entitled to maternity leave; or
132. Seksyen 130M – Any person who commits any offence under Any person who commits any offence under, or
General Penalty this Ordinance or any rule, order, or other contravenes any provisions of this Ordinance or
subsidiary legislation whatever made any rule, order, or other subsidiary legislation
thereunder, in respect of which no penalty is whatever made thereunder, in respect of which no
provided, shall be liable, on conviction, to a penalty is provided, shall be liable, on conviction,
fine of not exceeding ten thousand ringgit. to a fine of not exceeding fifty ten thousand
ringgit.
133.
Section 130N (1) The Director, Deputy Director of Labour or (1) The Director, Deputy Director of Labour or
Power to compound Senior Assistant Director of Labour appointed Senior Assistant Director of Labour appointed
offences under paragraph (a) or (b) of subsection (1A) under paragraph (a) or (b) of subsection (1A) of
of section 3 may, compound any offence section 3 may, with the consent in writing of the
committed by a person which is punishable Public Prosecutor, compound any offence
under this Ordinance or any rule made under committed by a person which is punishable under
this Ordinance. this Ordinance or any rule made under this
Ordinance.

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134. Where an offence under this Ordinance has been
Section 130NA Nil committed by a body corporate, partnership,
Offence by body society or trade union-
corporate, etc
(a) in the case of body corporate, any person

who is a director, manager, or other similar
officer of the body corporate at the time of the
commission of the offence;
(b) in the case of a partnership, every partner in

the partnership at the time of the commission
of the offence; and
(c) in the case of a society or trade union, every

office-bearer of the society or trade union at
the time of the commission of the offence.
shall be deemed to have committed the offence
and may be charged jointly or severally in the
same proceedings as the body corporate,
partnership, society or the trade union.
CHAPTER XVIB
Rules
135.
Section 130O(2) (2) Without prejudice to the generality of the (2) Without prejudice to the generality of the
Power to make rules foregoing, the Minister may make rules – foregoing, the Minister may make rules –
(a) ……………… (a) ………………
(b) ……………… (b) ………………
(c) ……………… (c) ………………

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(d) ……………… (d) ………………
(e) ……………… (e) ………………
(f) ……………… (f) ………………
(g) ……………… (g) ………………
(h) prescribing fees to be paid for filing of (h) prescribing fees to be paid for filing of claims
claims under section 8A and for copies of under
notes of evidence recorded under section 8A, 8C 8D or section 9D and for copies
Chapter IIA; of notes of evidence recorded under Chapter
IIA and Chapter IIIA;
(i) ……………… (i) ………………
(j) to provide for the application of all or any (j) Remain

of the provisions of the Ordinance to all
domestic servants and to provide generally
for the engagement, repatriation and
working conditions of domestic servants;
(k) to provide for the entitlement of employees (k) Deleted

and the payment by employers of
termination, lay-off and retirement benefits;
(l) ……………………. (l) …...............................
(m) to regulate the employment of children (m) to regulate the employment of children and
and young persons and may specify — young persons and may specify —
(i) the form of licence to be issued under
section 73D and the conditions and (i) the form of licence to be issued under
restrictions to be attached to such section 73D and the conditions and
licence; restrictions to be attached to such licence;
(ii) the time which children and young (ii) the time which children and young persons
persons employed shall be entitled to
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take off from work for meals or rest employed shall be entitled to take off from
periods; and work for meals or rest periods; and
(iii) the procedure to be followed by any Board (iii) deleted;
(n) ……………………. (n)….............................

(o) ……………………. (o) …............................
(p)………………………. (p) ……………………...
(q) NIL (q) prescribing the procedures to inquire into

complaints of sexual harassment under Chapter
IIIA
(r) prescribe the matters relating to the

discrimination in respect of employment and
occupation;
(s) prescribing the manner and conditions of

keeping register required under section 59.
136. SCHEDULE SCHEDULE
Schedule [Subsection (2) of Section 2] [Subsection (1) of section 2]
Employee Employee
1. Any person, irrespective of his occupation, 1. Any person, irrespective of his occupation, who
who has entered into a contract of service has entered into a contract of service with an
with an employer under which such person’s employer under which such person’s wages do
wages do not exceed two thousand five not exceed three thousand ringgit a month.
hundred ringgit a month.

RAHSIA
2. Any person who… 2. Any person who….

(a) … (a) …
(b) … (b) …
(c) … (c) …
(d) he is engaged in recruiting employees; (d) Deleted
(e) … (e) …
(f) … (f) …
(f) he is Definition of "ordinary rate of pay" in section 2, (f) he is Definition of "ordinary rate of pay" in section 2, sections 11
sections 11 and 12, subsections (1) and (2) of and 12, subsections (1) and (2) of section 14, sections 58,
engaged section 14, sections 58, 59, Chapter XIB, engaged 59, Chapter XIB, sections 103, 104, 105, 105A, 105B,
as a sections 103, 104, 105, 105A, 105B, 105C, as a (except 105B(1)), 105C, 105D, 105E, 105F, subsection (2)
domestic 105D, 105E, 105F, subsection (2) of section domestic of section 106 and Chapter XIVA except section 119.
106 and Chapter XIVA except section 119.
servant employee
.
SCHEDULE 3. For the purpose of this Schedule "wages" 3. For the purpose of this Schedule "wages"
means wages as defined in section 2, but means wages as defined in section 2, but shall
shall not include any payment by way of not include any payment by way of commission
commission subsistence allowance and (except where commission is the only wages
overtime payment. received), subsistence allowance and overtime
payment.
Shoulder note of Provision of the Ordinance not applicable Provision of the Ordinance not applicable
paragraph 3(f) of the
Schedule Definition of “ordinary rate of pay” in section 2, Definition of “ordinary rate of pay” in section 2,
sections 11 and 12, subsections (1) and (2) of sections 11 and 12, subsections (1) and (2) of
section 14, sections 58, 59, Chapter XIB, section 14, sections 58, 59, Chapter XIB, sections
sections 103, 104, 105, 105A, 105B, 105C, 103, 104, 105, 105A, 105B, 105C, 105D, 105E,
105D, 105E, 105F, subsection (2) of section 105F, subsection (2) of section 106 and Chapter
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106 and Chapter XIVA except section 119. XIVA except section 119.
137. SECOND SCHEDULE Tiada SECOND SCHEDULE

[Section 73A] [Section 73A]
List of employment List of employment that affects the morals of

that affects the morals children and young persons
of children and young
persons
Employments classified as affecting the morals of
child or young person are:
1. All kinds of employment that make use of,

procure, or offer child or young person for
prostitution;
2. All kinds of employment as social escorts or

guest relation and any other related activities;
3. All kinds of employment that require child or

young person to involve in the production or
trade of alcoholic beverages;
4. All kinds of employment related to gambling
and lotteries activities;
5. All kinds of employment that require child or

young person to work in any activities related
to massage services or reflexology services;

procure, or offer child or young person for any
kind of job related to pornography;

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procure, or involve child or young person for
the production and trade of drugs, narcotics,
psychotropic substances and other addictive
substances which are prohibited under any
written law in force; and
8. All kinds of activity that make use of, procure

or involve child or young person to conduct
begging for gain.

Draf Cadangan Pindaan Ordinan Buruh (Sarawak Bab 76) 22 Mac 2019

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Draf Cadangan Pindaan Ordinan Buruh (Sarawak Bab 76) 22 Mac 2019

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PROPOSED AMENDMENTS TO THE SARAWAK LABOUR ORDINANCE (CAP. 76)

Sarawak Labour Department (as at 22.03.2019) 1

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

Section 1 (2) Nil

2. “apprenticeship” “apprenticeship” means any person who has

3. “apprenticeship contract” means a written “apprenticeship contract” means a written contract

Sarawak Labour Department (as at 22.03.2019) 2

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

5. Section 2(1); “Schedule” “First Schedule”

Sarawak Labour Department (as at 22.03.2019) 3

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

8. Section 2(1) Nil “contractor for labour” means:

Definition “contractor (a) a person who contracts with a principal to

(b) a person who contracts with contractor or

(b) in respect of whom the Minister makes an

Sarawak Labour Department (as at 22.03.2019) 4

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

(a) To cease providing the labour or services;

Sarawak Labour Department (as at 22.03.2019) 5

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

Definition “hourly rate

16. Section 2(1)

Sarawak Labour Department (as at 22.03.2019) 6

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

19. Section 2(1) Nil “permit” means any exemption, approval or

Sarawak Labour Department (as at 22.03.2019) 7

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

21. Nil “sexual harassment” means any unwanted

22. “spread over period of ten hours” means a period

(a) “ordinary rate of pay” means wages as

Sarawak Labour Department (as at 22.03.2019) 8

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

(b) “hourly rate of pay” means the ordinary rate

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

28. Section 3(3)

(a) any term of the contract of service

Sarawak Labour Department (as at 22.03.2019) 10

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

(b) any of the provisions of this Ordinance or

(c) the provisions of the National Wages

(2) The powers of the Director under (2) remain

(a) an employee against any person liable

Sarawak Labour Department (as at 22.03.2019) 11

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

Sarawak Labour Department (as at 22.03.2019) 12

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

(a) by an employee against another employee;

(b) by an employee against any employer ; or

(c) by an employer against an employee.

(2) Any complainant who is dissatisfied with

34. Section 9C 9C. (1) If a complaint of sexual harassment is

Sarawak Labour Department (as at 22.03.2019) 13

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT

(2) If a complaint of sexual harassment

(3) Upon inquiry by the Director of the

35. (1) Where the Director decides under subsection

(2) If the complainant terminates the contract of

(a) wages as if the complainant has given the

(b) termination benefits and indemnity,

as provided for under the Ordinance or the

Sarawak Labour Department (as at 22.03.2019) 14

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT