Cadangan Pindaan Labour Ordinance Sarawak Cap 76

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

BIL. SECTION ORIGINAL PROVISIONS PROPOSED AMENDMENT PUBLIC COMMENT
PART 1
LABOUR DEPARTMENT
CHAPTER 1
PRELIMINARY
1. CHAPTER 1 (1) This Act may be cited as Remain
Preliminary the Labour Ordinance
(Sarawak Cap. 76).
Section 1
Short title and (2) Nil (2) This Act shall apply to Sarawak
application only
2. “apprenticeship” “apprenticeship” means any person

who has entered into an
apprenticeship contract.
3. “apprenticeship contract” “apprenticeship contract” means a

means a written contract written contract entered into by a
entered into by a person with person with an employer who

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

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

Schedule

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

constructional work for or on
behalf of some other person under
a contract entered into by him or
them with such other person, and
includes his or their heirs,
executors, administrators,
assignees and successors;
8. Section 2(1) Nil “contractor for labour” means:

Interpretation
Definition (a) a person who contracts with a

“contractor for principal to supply the labour re-
labour” quired for the execution of the
whole or any part of any work;
(b) a person who contracts with con-

tractor or subcontractor to supply
the labour required for the exe-
cution of the whole or any part of
any work which a contractor or
subcontractor has contracted to
carry out for a principal or con-
tractor, as the case may be; or
9.
Section 2(1) “employee” means any
Interpretation person or class of persons –
Definition (a) included in any category

“employee” in the Schedule to the
extent specified therein;
or
“employee” means any person or
(b) in respect of whom the class of persons–
Minister makes an order
under subsection (7) of (a) Remain
section 2A;
(b) in respect of whom the

Minister makes an order
under subsection (7) of or
section 2A;
10.
Section 2(1) “entertainment” includes any Deleted
Interpretation exhibition or performance;
Definition
“entertainment”
11.
Section 2(1) “family” means the husband Deleted
Interpretation or the wife or wives of an
employee, and his children,
Definition stepchildren and adopted
“family” children who are unmarried
and under the age of
eighteen years;

12. Section 2(1) Nil “forced labour” means the condition
Interpretation of any person who is compelled to
provide labour or services by use
Definition “forced of threat or deception, and in which
labour” any reasonable person would not
consider himself to 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 Deleted
Interpretation or young person, includes
any person who, in the
Definition opinion of the court having
“guardian” 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;
14.
Section 2(1) “hourly rate of pay” means Deleted
Interpretation the ordinary rate of pay
divided by the normal hours
Definition “hourly of work;

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

Interpretation “ordinary rate of pay” means Deleted
wages whether calculated by
Definition the month, the week, the day,
“ordinary rate of the hour, or by piece rate or
pay” 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 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 “overtime” means –
Interpretation of hours of work carried out in
excess of the normal hours of (a) the number of hours of
Definition work per day, and includes, if work carried out in excess of
“overtime” any work is carried out after the normal hours of work per
the spread over period of ten day; or
hours, the whole period
beginning from the time that (b) if any work is carried out
such spread over period ends after the spread over period of
up to the time that the ten hours, the whole period
employee ceases work for the beginning from the time that
day; 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 “part-time employee” means a
Interpretation a person included in the person included in the First
Schedule whose average Schedule whose average hours of
Definition “part- hours of work as agreed work per week as agreed between
time employee” between him and his him and his employer are more
employer do not exceed than thirty per centum but do not
seventy per centum of the exceed seventy per centum of the
normal hours of work of a full- normal hours of work per week of a

time employee employed in a full-time employee employed in a
similar capacity in the same similar capacity in the same
enterprise whether the normal enterprise whether the normal
hours of work are calculated hours of work are calculated with
with reference to a day, a reference to a day, a week, or any
week, or any other period as other period as may be specified
may be specified by rules by rules under Chapter XVIB;
under Chapter XVIB;
19. Section 2(1) Nil “permit” means any exemption,

Interpretation approval or permisison given by
Director upon application by
Definition employer under this Ordinance.
“Permit”
20.
Section 2(1) “recruit” means to procure, Deleted
Interpretation engage, hire or supply or
undertake to procure,
Definition engage, hire or supply
“recruit” employees for the purpose of
being 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;
21. Nil “sexual harassment” means any

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

Section 2(1) Nil means a period of ten consecutive
Interpretation hours to be reckoned from the time
of the employee commences work
Definition “spread for the day, inclusive of any period
over period of ten or periods of leisure, rest or break
hours” within such period of ten
consecutive hours.
23. Section 2(2) For the purpose of Chapter Deleted

Interpretation XI, a person is deemed to be
taking part in an
Definition entertainment when such
person is employed in or
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 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 (c) Where an employee is
piece rates, the ordinary rate employed on a daily or an hourly
of pay shall be calculated by rate of pay or on piece rates, the
dividing the total wages ordinary rate of pay shall be
earned by such employee calculated by dividing the total
during the preceding wage wages earned by such employee
period (excluding any during the preceding wage period
payment made under an (excluding any payment made
approved incentive payment under an approved incentive
scheme or for work done on payment scheme or for work done
any rest day, any gazette on any rest day, any gazetted
public holiday granted by the public holiday granted by the
employer under the contract employer under the contract of
of service or any day service or any day substituted for

substituted for the gazetted the gazetted public holiday) by the
public holiday) by the actual actual number of days the
number of days the employee employee had worked during that
had worked during that wage wage period (excluding any rest
period (excluding any rest day, any gazetted public holiday or
day, any gazette public any paid holiday substituted for the
holiday or any paid holiday gazetted public holiday).
substituted for the gazette
public holiday)
26.
Section 2(4) (4) For the purposes of (4) For the purposes of
payment of sick leave under payment of sick leave under
section 105E, the calculation section 105E, the calculation of the
of the ordinary rate of pay of ordinary rate of pay of an employee
an employee employed on a employed on a daily or an hourly
daily rate of pay or on piece rate of pay or on piece rate under
rate under paragraph (c) of paragraph (c) of subsection (3)
subsection (3) shall take shall take account only of the basic
account only of the basic pay pay the employee receives or the
the employee receives or the rate per piece he is paid for work
rate per piece he is paid for done in a day under the contract of
work done in a day under the service.
contract of service.
CHAPTER II
OFFICERS

27.
CHAPTER II Any person affected by any Any person affected by any
Officers decision or order, other than decision or order, other than an
an order under Chapter IlA, order under Chapter IlA and
Section 3(2) given or made by an officer decision under section 9C(3) given
Director of Labour appointed under subsection or made by an officer appointed
and other officers (1A) may, if he is dissatisfied under subsection (1A) may, if he is
with such decision or order, dissatisfied with such decision or
within fourteen days of such order, within fourteen twenty one
decision or order being days of such decision or order
communicated to him, appeal being communicated to him,
in writing therefrom to the appeal in writing therefrom to the
Director. Director.
28. Section 3(3)

Director of Labour If any employer is dissatisfied Deleted
and other officers with any 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
Director’s power inquire into and decide any (1) Remain

to inquire into dispute between an employee
complaints and his employer in respect
of wages or any other
payment in cash due to such
employee under -
(a) any term of the contract (a) remain

of service between such
employee and his
employer;
(b) any of the provisions of (b) remain

this Ordinance or any
subsidiary legislation
made thereunder; or
(c) the provisions of the National
(c) the provisions of the
Wages Consultative Act
Wages Council Act 1947
2011 or any order made
or any order made
thereunder,
thereunder,
(2) The powers of the (2) remain
Director under 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 (a) remain

person liable under
section 117C;
(b) a sub-contractor for labour (b) a sub-contractor for labour
against a contractor or against a principal,
sub-contractor for any contractor or sub-contractor
sum of money which the for any sum of money which
sub-contractor for labour the sub-contractor for labour
claims to be due to him in claims to be due to him in
respect of any labour respect of any labour provided
provided by him under his by him under his contract with
contract with the the contractor or sub-
contractor or sub- contractor; or
contractor; or
30. Section 8C (1) Notwithstanding the (1) Notwithstanding the
Additional powers provisions of this provisions of this Ordinance, the
of Directior to Ordinance, the powers of powers of the Director under
inquire into the Director under paragraph (a) of subsection (1)
complaints paragraph (a) of of section 8A shall extend to the
subsection (1) of section employees whose wages per
8A shall extend to the month exceed three thousand
employees whose wages ringgit but does not exceed
per month exceed two ten thousand ringgit.
thousand five hundred
ringgit but does not
exceed five thousand
ringgit. (2) Remain
(2) For the purposes of this
section, the term “wages”
means wages as defined
in section 2 but does not
include any payment by
way of commission,
subsistence allowance or
overtime payment.
(3) Remain
(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).
31.
Section 8M (1) If any person whose (1) If any person whose financial
Appeal against financial interests are affected interests are affected is dissatisfied
Director’s order to is dissatisfied with the with the decision or order of the
High Court decision or order of the Director under Section 8A, 8C, 8D,
Director under Section 8A, or Section 8I or subsection 9C(3),
8C, 8D or Section 8I, such such person may appeal to the
person may appeal to the High Court.
High Court.
CHAPTER IIIA
SEXUAL HARASSMENT
32.
Section 9A Nil 9A. For the purposes of this
Interpretation Chapter, “complaint of sexual
1
harassment” means any complaint
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].

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
Inquiry into complaint of sexual harassment by
complaints of any person mentioned in section
sexual 9A, an employer or any class of
harassment 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

Complaints of Nil harassment is made to the
sexual Director, the Director shall assess
harassment made the complaint and may direct an
to the Director employer to inquire 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

Section 9D Nil under subsection 9C (3) that sexual
Effect of harassment is proven, the
decisions of the complainant may terminate his
Director contract of service 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.
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
Application of this 1 of the Schedule, this Chapter ex-
Chapter tends to every employee employed
irrespective of under a contract of service irre-
wages of spective of the wages of the em-
employee ployee.
38. Section 9G Nil Every employer shall have a

Written code on written code on prevention of
prevention of sexual harassment and placed in a
sexual conspicuous area at the place of
harassment at the employment.
palce of
employment

PART II
CONTRACT OF SERVICE
CHAPTER IV
TERMS AND CONDITIONS
39. Section 10A Validity of any term or Validity of any term or condition
condition of service which of service which is more
is more favourable. favourable.
Subject to any express (1) Subject to any express
prohibition under this prohibition under this Ordinance or
Ordinance or any rules, order any rules, order or other subsidiary
or other subsidiary legislation legislation made thereunder,
made thereunder, nothing in nothing in section 9 shall be
section 9 shall be construed construed as preventing an
as preventing an employer employer and an employee from
and an employee from agreeing to any term or condition of
agreeing to any term or service under which an employee
condition of service under is employed, or shall render invalid
which an employee is any term or condition of service
employed, or shall render stipulated in any collective
invalid any term or condition agreement or in any award of the
of service stipulated in any Industrial Court, which is more
collective agreement or in any favourable to the employee than
award of the Industrial Court, the provisions of this Ordinance or
which is more favourable to any rules, order or other subsidiary
the employee than the legislation made thereunder.
provisions of this Ordinance
or any rules, order or other (2) Any variation or substitution to
subsidiary legislation made any existing terms and conditions
thereunder. 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;
(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 12 (3) (c) the requirements of that
Termination of business for the employee to business for the employee to carry
contract of carry out work of a particular out work of a particular kind have
service by notice. kind have ceased or ceased or diminished or are
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 (1) Remain
Contracts to be in specified period of time
writing and to exceeding one month or for
include provision the performance of a
specified piece of work,
for termination
where the time reasonably
required for the completion of
the work exceeds or may
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) In every written contract of (2) Remain

service, a 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 (3) Remain

service shall 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.
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
Prohibition of someone else, cause, demand
forced labour or impose on any person all
forms of forced labour.
(2) Any person who contravenes
subsection (1) 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
Order for payment Ordinance or otherwise, where
of wages in payment of wages is in arrears to
arrears in the an employee, the Court shall make
case of no an Order for the payment for such
conviction 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 PROVISION RELATING TO
EMPLOYMENT EMPLOYMENT
CHAPTER X CHAPTER X
REGISTERS, RETURNS REGISTERS, RETURNS AND
AND NOTICE BOARD NOTICE BOARD

46. Section 59 (3) Notwithstanding (3) Notwithstanding subsections (1)
Duty to keep subsections (1) and (2), the
and (2), the Director, on a written
registers. Director, on a written application by an employer, may
application by an employer, permit the employer to may keep
may permit the employer to the information required under
keep the information required subsection (1) in any other manner
under subsection (1) in any as may be approved by the
other manner as may be Director subject to such any
approved by the Director conditions as he may deem fit to
subject to such conditions as impose as may be prescribed by
he may deem fit to impose. the Director.
CHAPTER XI
SPECIAL PROVISIONS
RELATING TO THE
EMPLOYMENT OF
CHILDREN AND YOUNG
PERSONS
47. Section 71A (1) Nil In this Chapter unless the context
Interpretation otherwise requires-
“Employ” and “employ” and “employment” means

“employment” employment in 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
Interpretation exhibition or performance; and a
person is deemed to be take part in
“entertainment” an entertainment when such
person is employed in or
connected with such entertainment

whether as a performer, stagehand
or musician;
49. Section 71A (1) Nil “family” means parents, spouse,

Interpretation siblings or any guardian; who has
“family” custody of child or young person.
50. Section 71A (1) Nil “guardian” in relation to a child or

Interpretation young person, includes any person
“guardian” who, in the opinion of the 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
Interpretation performed by a child or young
“light work” person which is not likely –
(a) to be harmful to his health

mental or physical capacity,
or

(b) to prejudice his attendance

at school that includes any
place which teaches any
religion, his participation in
vocational orientation or
training programmes
approved by the competent
authority or his capacity to
benefit from the instruction
received;
52. Section 71A (1) Nil “public entertainment” means

Interpretation entertainment to which the public
“public or any section of the public is
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 required or

Employment in permitted to be, engaged in
which children any hazardous work, or any
and young employment other than those
persons may be 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 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 (3) remain

engaged in any of the
following employment:

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

domestic servant;
(c) employment in any (c) employment in any office, shop

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

young person may be

engaged in any employment
in hotels, bars, restaurants, or
boarding houses or clubs
unless such establishments
are under the management or
control of her parent or
guardian:
Provided further that a female
young person 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 Remain

satisfied that any 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 (5) No child or young person shall
shall be, or be required or be, or be required or permitted be,
permitted be, engaged in any engaged in any employment
employment contrary to the contrary to the provisions of the

provisions of the Factories Factories and machinery Act, 1967
and machinery Act, 1967 of of the Electricity Ordinance
the Electricity Ordinance (Sarawak),
(Sarawak), or in any
employment requiring him to
work underground.
55. Section 73A Nil (1) Nothwithstanding subsection 73
(2) and 73 (3), no child or young
Prohibitions from person shall be engaged in any
engaging or being employment that affect their morals
engaged in any as specified in the Second
employment that Schedule
affect the morals
of child or young (2) The Minister may from time to
person time by order published in the
Gazette, amend the list in the
Second Schedule
56. Section 75A (1) If representation is made Deleted
Power to prescribe to the Minister that the wages
minimum wages of children or young persons
after inquiry. in any class of work in any
area are not 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 consider-
ing 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 KESELURUHAN BAB INI

EMPLOYMENT OF WOMEN DIBATALKAN.
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 con-
dition imposed under
the proviso to subsec-
tion (1); and
(b) who is dissatisfied with
such decision or con-

dition, may within thirty
days of such decision
or condition being
communicated to him
appeal in writing there-
from 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 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 Delete
work.
No female employee shall be
employed in any underground
working.
60. Section 79A Prohibition of employment Delete

by Minister.
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 (1) Every female employee
Length of eligible employee shall be entitled to shall be entitled -
period and maternity leave for a period of
entitlement to not less than sixty (a) to maternity leave for an
maternity consecutive days (also eligible period in respect of each
allowance referred to in this Chapter as confinement; and
to the “eligible period”) in
respect of each confinement (b) subject to this Chapter, to
and, subject to this Chapter, receive from her employer a
she shall be entitled to maternity allowance to be
receive from her employer a calculated or prescribed as
maternity allowance to be provided in subsection (2) in
calculated or prescribed as respect of the eligible period.
provided in subsection (2) in
respect of the eligible period.

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

subsection (1), a female
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 (6) Remain
be entitled to receive
maternity allowance for the
eligible period from her
employer if –
(a) she has been employed (a) she has been employed by the
by the employer at any time employer for a period of, or periods
in the four months amounting in the aggregate to, not

immediately before her less than ninety days during the
confinement; and nine months immediately before
her confinement; and
(b) she has been employed by the

(b) she has been employed employer at any time in the four
by the employer for a period months immediately before her
of, or periods amounting in confinement;
the aggregate to, not less
than ninety days during the
nine months immediately
before her confinement.
Provided that where the service
Nil of a female 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 (7) A female employee who is

who is eligible for maternity eligible for maternity allowance
allowance under this section under this section shall be entitled
shall be entitled to receive to receive from the employer for
from the employer for each each day of the eligible period a
day of the eligible period a minimum of 360 days in aggregate
maternity allowance at her a maternity allowance at her
ordinary rate of pay for one ordinary rate of pay for one day, for

day, or at the rate prescribed each day of the eligible period or at
by the Minister under Chapter the rate prescribed by the Minister
XVIB, whichever is the under Chapter XVIB, whichever is
greater. the greater.
(11) For the purposes of this (11) For the purposes of this
section, “children” means all section-
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 Restriction on dismissal

Restriction on female employee after termination of female employee
dismissal eligible period after eligible period or during
termination of maternity leave and on the
female employee ground of pregnancy
after eligible
period or during (1) Where a female employee Remain
maternity leave remains absent from her
and on the work after the expiration
ground of of the eligible period as a
pregnancy 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), Deleted

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 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
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

Application of this Nil Schedule, this Chapter extends to
Chapter every female employee who is
irrespective of employed under a contract of
wages of female service irrespective 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 Rights and obligations of worker
Rights and worker and employer in employee and employer in respect
obligations of respect of repatriation. of repatriation.
worker employee
and employer in
respect of
repatriation
CHAPTER XIII
DOMESTIC SERVICES
66. Section 101 Domestic servants Domestic employee
Domestic
servants
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

Limitation on computer;
advances 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

(ed) Nil educational 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 104(1) Every employee shall be
Holidays be entitled to a paid holiday at entitled to a paid holiday at his
his ordinary rate of pay on the ordinary rate of pay on the
following days in any one following days in any one calendar
calendar year: year:
(a) on sixteen of the gazetted

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

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

Provided that if any of the holidays referred to in paragraphs
public holidays referred to in (a) and (b) falls on –
paragraphs (a) and (b) falls
on a rest day, the working (i) a rest day; or
day following the rest day
shall be a paid holiday in (ii) any other public holiday
substitution of that public referred to in paragraphs (a) and
holiday. (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 (3) An employee employed on a

Work on rest day on a monthly rate of pay who monthly or weekly rate of pay who
works on a rest day shall be works on a rest day shall be paid
paid for any period of work - 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
Calculation of
not completed the whole month of
wages for
service due to –
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;
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 (1) Subject to subsection (2),
Payment of wages employee shall be paid every employer shall pay to
not later than seven days each of his employees not later
after the expiration of the than the seventh day after the
wage period in respect of last day of any wage period the
which they are due. wages, less lawful deductions
earned by such employee
during such wage period.

(2) All wages due to an (2) Wages for work done on a rest
employee whose day, gazetted public holiday
contract of service is referred to in paragraph 104(1)
terminated by expiry of (a) and (b) and overtime
the period for which it reffered to in section 105 shall
was made shall be paid be paid not later than the last
to him pn the day on day of the next wage period.
which such contract of
service terminates;
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) Notwithstanding subsection (1)
(3) All wages due to an and (2) if the Director is
employee whose satisfied that payment within
agreement or contract is such time is not reasonably
terminated by his practicable he may on the
employer shall be paid to application of the employer,
him on the day on which extend the time of payment by
such agreement or such number of days as he
contract is terminated or, thinks fit.
if this is not possible, on
the first day, not being a
rest day or gazetted
holiday, after the day on
which such agreement of
contract is terminated.

(4) The wages, less lawful
(4) All wages due to an deductions, earned by but not
employee who yet paid to an employee whose
terminates his agreement contract of service terminates
or contract without givng in accordance to section
notice to his employer 11A(1) or of section 12 shall be
after he has given due paid to such employee not later
notice to such employer than the day on which such
as required under section contract of service so
12 shall be paid to him terminates.
on the day on which such
agreement or contract is
terminated.
(5) Where an employer terminates
(5) If an employee the contract of service of an
terminates his agreement employee without notice in
or contract without giving accordance with subsection
notice to his employer as 12(1) or (2) and paragraph
required by section 11 or 13(1)(a)—
if the required notice
having been given the (a) the wages, less any
employee terminates his deductions which the
agreement or contract employer is entitled to make
without waiting for the under section 113, earned
expiry of such notice, all by such employee up to and
wages due shall be paid including the day
to him before the expiry immediately preceding the
of the seventh day after day on which the termination
the day on which he of the contract of service
terminates his agreement takes effect; and
or contract:
(b) in addition, where the
Provided that the employer employer terminates the
may, subject to any order contract of service under

made by a Court or the subsection 12(1), the
Director to the contrary, indemnity payable to the
deduct from the wages due to employee under that
the employee such sum as subsection,
the employee is liable to pay
in lieu of notice according to shall be paid by the employer to
the provisions of section 12 or the employee not later than the day
the terms of his contract if on which such contract of service is
any. 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 (1) Except where otherwise
Wages to be paid expressly permitted by this expressly permitted by this
in legal tender Ordinance the entire amount Ordinance. The entire amount of
through financial of wages earned by, or the wages earned by, or payable
institution payable to, any employee in to, any employee in respect of any
respect of any work done by work done by him less any lawful
him shall be actually paid to deductions, shall be actually paid
him in legal tender and every to him in legal tender and every
payment of, or on account of, payment of, or on account of, any
any such wages made in any such wages made in any other
other forms shall be illegal, forms shall be illegal, null and void
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 2) Every employee shall be entitled

entitled to recover in the to recover in the courts or before
courts or before the director the Director acting under section

acting under section 8A so 8A so much of his wages,
much of his wages, exclusive exclusive of sums lawfully
of sums lawfully deducted deducted under section 114, as
under section 114, as shall shall not have been actually paid to
not have been actually paid to him in accordance with subsection
him in legal tender or paid to (1).in legal tender or paid to him by
him by any of the ways under any of the ways under section
section 111A. 111A.
77. (3) Where payment of wages (3) Where payment of wages is
is made in cash it shall be made in cash it shall be made on
made on working days only working days only and at or near
and at or near the workplace. the workplace For the purpose of
this Chapter, financial institution
refers to:
(a) a licensed bank under the
Financial Services 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
[Act 758] and the Islamic
[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 (1) Notwithstanding subsection 111
shall operate so as to render (1), an employer may, upon a
Payment of wages unlawful or invalid any written request of the employee,
through bank payment of wages by the give consent and other than a
other than employer to the employee domestic servant, make payment
through bank with the employee’s written of his employee’s wages -
financial consent in any of the
institution following ways :
10.8.2018 (a) payment into an account (a) in legal tender; or

at a bank or a 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 being his
employer;
(b) payment by cheque (b) by cheque made payable to or

made payable to or to the order of the employee.
to the order of the
employee.
(2) The consent of the (2) The consent given to the

employee under this section employee under this section may
may be withdrawn by him at be withdrawn by the employer
any time by notice in writing upon the request of the employee
given to the employer; and at any time by notice in writing
such notice shall take effect given to the employer; and such
at but not before the end of notice shall take effect at but not
the period of four weeks before the end of the period of four
beginning with the day on weeks beginning with the day on
which the notice is given. which the notice is given.
(3) The consent of the (3) The request of the employee to
employee to the mode of the mode of payment of wages
payment of wages under under subsections (1) and request
subsection (1) shall not be to withdraw the consent given
unreasonably withheld or, if under subsection (2) shall not be
granted, shall not be unreasonably withheld by the
unreasonably withdrawn by employer.
the employee notwithstanding
subsection (2).
(4) Any dispute as to whether (4) Any dispute arising out of the
an employee has request by the employee under
unreasonably withheld or subsections (1) and (2) shall be
withdrawn his consent to the referred to the Director whose
mode of payment of his decision on the matter shall be
wages under subsection (1) final.
shall be referred to the
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
Power of Director
any financial institution with regard
to inquire into any
to the payment of wages and all
information in
other payments entered into or
respect of
caused to be entered into in re-
payment of wages
spect to a contract of service.
and all other
payments arises
from a contract of
service
80. Section 117 (1) Nothing in this Chapter (1) Nothing in this Chapter shall
shall render illegal a contract render illegal a contract of service
of service with an employee with an employee under which the
under which the employer employer agrees to provide the
agrees to provide the employee with house
employee with house accommodation, food, fuel, light,
accommodation, food, fuel, water, medical attendance, or any
light, water, medical approved amenity or approved
attendance, or any approved service or any approved incentive
amenity or approved service payment scheme in addition to
in addition to wages but no wages but no employer shall
employer shall provide any provide any employee with any
employee with any intoxicating liquor as part of the
intoxicating liquor as part of terms of a contract of service.
the terms of a contract of
service.
(2) The Director may, on
(2) The Director may, on application made to him in writing
application made to him in by an employer, approve in writing
writing by an employer, any amenity or service or incentive
approve in writing any payment scheme as an approved

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

Provided that –
(a) remain
(a) in the case of a contract
for constructional 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;
(b) 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) remain
(c) the employee shall
have instituted proceedings
against the principal for the
recovery of his wages or
made a complaint to 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 (1A) Where the principal,
payment of wages contained
in Part IV. 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

Agreement by a contractor for labour shall be
contractor for in writing.
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

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

Duty to furnish employee is terminated-
information and
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

Prohibition of convicted of any offence under this
Employment of Ordinance the Director shall
Non-Resident
prohibit the employer form
Employee
engaging any non-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

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
84. Section 120A Nil
agreement, whether oral or in
Definition of writing and whether express or
contract of implied, whereby one person
service agrees to employ 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
“employer”

into a contract 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 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
Definition of Nil
employer for housing of employees
housing
and their dependants.
“Medical Officer of Health” means

Definition of Nil
any medical practitioner in the
Medical Officer of
service of the Government or any
Health
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;
“place of employment” means a

Definition of place Nil
place where work is carried on by
of employment
or on behalf of or for an employer
and shall include any place in
which employees are housed by
an employer;

(1) The Minister may by order

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

Nil
exempt or prohibit, 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

Nil
under this 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

Section 120C
apply to any 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
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

87.
XVB, XVC and XVD :

“building” means any building used

Section 120D Nil
for the housing of employees and
Definition of includes a nursery and a
building 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
Nil
district, means any engineer in the
service of the Federal or State
Government who is for the time
being carrying out the duties of the
Public Works Department for that
district and, for the purpose of
section 120ZI(1), includes any
officer authorized in writing in that
behalf by the District Engineer;
“estate” means any agricultural
Definition of Nil
land exceeding twenty hectares in
estate
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

Definition of Nil
an estate, means any employer or
resident manager
agent of an employer who resides
on, or is in immediate charge of,
the estate in which the workers are
employed;
Definition of Nil
resident “resident registered medical
registered practitioner”, in relation to an
medical estate, means any registered
practitioner 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
88. Section 120E
Nil requirements

Building to
comply with (1) Except as provided in
requirements subsection (2), no 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 the
provisions of this Part or any rule
made thereunder.
Provided that such building be

converted to comply with the
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
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
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

89. Section 120F
Nil and maintenance of houses
Supply of water
and electricity (1) Where employees and their
and maintenance dependants are provided with

of houses 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
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

90. Section 120G
intended to be used for the
Construction of housing of employees, as a
building intended nursery or as a community hall
to be used for the
housing of (1) In relation to a building which
employees, as a is to be erected or converted for
nursery or as a the housing of employees or for
community hall use as a nursery or as a
community hall, there shall be
submitted by the employer to the
Director for the approval of the
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
91. Section 120H
the housing of employees
Building not
originally built for (1) A building originally built for a
the housing of purpose other than the housing of
employees 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.
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
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

section shall be guilty of an offence
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 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 provisions of this

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

94. Nil
Community hall, other recreational facilities
sports and other (1) The Director may by order
recreational require the employer in any place
facilities 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
Nil
the community hall, sports and
other recreational facilities

aforesaid in a satisfactory
condition.
(3) Any employer who fails to

Nil
each day during which the offence
continues.
Section 120L No rent or charge to be levied for
95. Nil
benefits under Chapter XVB and
No rent or charge
XVC
to be levied for
benefits under
An employee engaged in such
Chapter XVB and
place of employment as may be
XVC
prescribed by the Minister 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

97. Nil
Employer to maintain estate hospital
construct and
maintain estate (1) The Director may, at any
hospital time by order in 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
Nil
hospital maintained by the
employer, the Director may, by
order in writing, require the
employer to enlarge or add to such
hospital so as to provide
accommodation for a further
number of patients as may be

stated in the order.
(3) For the purposes of

Nil
subsection (1) or (2) the 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

Nil
situated that 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 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
Nil
subsection (4) the 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
Nil
an estate hospital or group estate
hospital the Director may order the
employers concerned to join such
estate hospital or group estate
hospital, as the case may be, and
be jointly responsible for the
maintenance of such hospital.
(7) Every employer referred to in
Nil
this section and the resident
manager of every estate concerned
shall be responsible for the
registration and the due

maintenance of the estate hospital
or group estate hospital, as the
case may be, registered in
accordance with the provisions of
the Private Hospitals Act 1971 [Act
43] and any rule made thereunder.
(8) No employer who has
Nil
constructed and maintained an
estate hospital or a group estate
hospital, whether in pursuance of
an order of the Director under this
section or otherwise, shall reduce
the number of beds or discontinue
the maintenance and operation of
such estate hospital or group
estate hospital without the prior
written permission of the Director.
Section 120O Payment and recovery of
98. Nil
Payment and hospital expenses by employer
recovery of
hospital expenses (1) It shall be the duty of every
by employer 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
Nil
such 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
Nil
employer under subsection (1)
shall be recoverable from any
employee.
Section 120P Sick employees being admitted

99.
Nil to a Government hospital
Sick employees (1) If an employee at the time of

being admitted to his admission to a Government
a Government hospital was employed and
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

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

Nil
manager who 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
101. Nil
Medical treatment which a hospital is not
in estate on which maintained
a hospital is not (1) On any estate where there is
maintained no estate hospital or a group estate
hospital available, the Director
may, by order, after consultation
with the 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
Nil
such order the services, medicine,
equipment and staff to be provided
and the hours during which the
treatment facilities shall be made
available to the employees and
their dependants.
(3) Where a clinic exists on any
Nil
estate or is established pursuant to
an order under subsection (1) it
shall be the duty of the employer to
arrange for a registered medical
practitioner to visit the clinic at least
once a fortnight to supervise the
operations and management of the
clinic and to provide medical
treatment to employees and their
dependants.
(4) No employer who has
Nil
established and maintained a
clinic, whether pursuant to an order

of the Director made under this
section or otherwise, shall reduce
the services, facilities or staff or
discontinue the maintenance and
operation of such clinic without the
prior written permission of the
Director.
Section 120S Duty to report suspected cases

102. Nil
Duty to report of infectious disease
suspected cases (1) It shall be the duty of the
of infectious resident registered medical
disease 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 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
Nil
perform the 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

103. Nil
Duty of employer an employee suffering from
to segregate an infectious disease
employee (1) On the occurrence of any
suffering from infectious disease on any estate it
infectious disease shall be the duty of the employer
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 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

Nil
Medical Officer of Health or a
Medical Officer that an employee
employed on any estate is suffering
from any infectious disease or that
it is otherwise necessary in the
interest of public health or of the
health of any other employee
employed on the estate 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

104. Nil
Power of Medical Health to order immunization
Officer of Health against infectious disease
to order The Medical Officer of Health may
immunization at any time if it appears to him
against infectious necessary for the health of the
disease employees employed on any
estate, by order in 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’

105. Nil
Weekly inspection housing
of employees’
housing (1) It shall be the duty of the
employer of a 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
Nil
employer to ensure 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 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
Nil
hospital assistant or any other
authorized person shall be

recorded in a book kept at the
place of employment and be made
available to the Director or Medical
Officer of Health for inspection.
(4) In any case where the

Nil
Medical Officer of 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
106. Nil
Definition and XVF –
“accommodation” means any

building provided by employer or
centralised accommodation
provider as employees’ dwelling;

Nil
“building” means any building that
is used for accommodation;
Nil
“centralised accommodation”
means any building used as
employees’ dwelling for one or
more employers;
“centralised accommodation
Nil
provider” means any 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”

Nil
means any person 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

107. Nil
Function and Relation To Accomodation
Power of Director
In Relation To Ac- (1) The Director shall have the

comodation following functions:
(a) to administer and regulate

all matters relating to ac-
commodation;
(b) to direct employer or central-

ised accommodation pro-
vider to submit any informa-
tion and documents relating
to accommodation;
(c) to issue any directive to em -

ployer or centralised accom-
modation provider to provide
any other amenities relating
to accommodation;
(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
Nil
power to do all 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
108. Nil
Providing amenities by employer.
accommodation
and amenities by (1) Any employer who provides
employer. accommodation shall comply with
the minimum standards provided
under this Part, rules, orders and
directives made thereunder.
(2) Subject to subsection (1), a

Nil
Certificate for 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

Nil
accord, who provide
accommodation or through
provider, shall give notice to the
Director within 30 days from the
date of accommodation in the form
and manner as may be determined
by the Director.
(4) Any employer who contravenes

Nil
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.
(5) Any employer who contravenes

Nil
subsection (3) 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
accommodation amenities by centralised
and amenities by accommodation provider.
centralised
accommodation (1) Any centralised accommodation
provider. provider who provides
accommodation for any employer
shall comply with the minimum
standards provided under this Part,
rules, orders and directions made
thereunder
(2) Subject to subsection (1), a

Nil
Certificate for 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
Nil
accommodation provider 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.
Section 120ZA
110. Nil
Accommodation Accommodation shall comply with
shall comply with the laws of local authorities.
the laws 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 con-
travenes subsection (1) commits
an offence and shall, on conviction
be liable to a fine not exceeding
fifty thousand ringgit or imprison-
ment 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
provide separate accommodation
to employees of the opposite
gender.
(2) Employer or centralised ac-

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

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

Nil
commodation provider shall
provide medical assistance.

Nil
commodation provider shall take
preventive measures to contain the
spread of infectious diseases as or-
dered by medical authorities in ac-
cordance with the relevant laws
and includes the cost of immuniza-
tion of employees against infec-
tious diseases as ordered by the

Medical Officer.
Section 120ZD Maintenance

113. Nil
Maintenance .
Employer or centralised
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 accommodation.
person in charge
of Employer or centralised
accommodation accommodation provider shall
appoint at least one person in
charge of accommodation who is
responsible for:
(a) safety and health of the em-

ployees;
(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

Nil
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

Nil
in charge of 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

Nil
in charge of 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

115. Nil
Notice to vacate accommodation or employees
the accommodation housing.
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 service.
Chapter XVG
RULES
Section 120ZG (1) The Minister may, from time
116. Nil
Rules to time, make 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 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

117. Nil
Minister may vest officers with power and duties
certain officers
with power and The Minister may by order vest
duties 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 [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

118. Nil
inspect, investigate and to issue
Power of Director, summons
etc. to inspect,
investigate and to (1) The Director, Medical Officer
issue summons of Health or 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
(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
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 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
120. Nil
under sections 120E, 120GA,
Failure to comply 120K, 120N, 120R
with order under
sections 120E, Any employer who fails to comply
120GA, 120K, with any order made under
120N, 120R sections 120E, 120GA, 120K,
120N, 120R commits an offence
fine of one thousand ringgit a day
for each day during which the
offence continues.
Section 120ZL Failure to comply with section

121. Nil
120S or 120T
Failure to comply
with section 120S Any resident manager who fails to
or 120T comply with 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

123. Nil
thereof
Repeal and
savings in respect (1) The written laws specified in
thereof the Schedule 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
Suspension or any compensation, suspend or
revocation of revoke a licence or permit granted
licence and under this Ordinance if he is
permit satisfied that the employer-
(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 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.
(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
(b) has been suspended, the

licence shall have no effect during
the period of suspension.
125. No action shall lie or be brought,
Section 125B No suit shall lie against the instituted or maintained in any
Protection of Director and all officers duly court against—
Director and appointed or authorized
Officers under this Ordinance for .
anything done or omitted to (a) the Director, Deputy Director or
be done by him in good faith any other officer duly appointed
without negligence and in the under this Ordinance for or on
intended exercise of any account of or in respect of any act
power conferred or
ordered or done for the purpose of
performance of any duty carrying this Ordinance into effect;
imposed by this Ordinance. 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 in-
tended to be served by it.
126.
Section 127 Nothing in this Ordinance Nothing in this Ordinance shall be
Saving clause as shall be construed as construed as preventing any em-
to civil preventing any employer or ployer or employee from enforcing
jurisdiction of employee from enforcing his his civil rights and remedies for any
courts civil rights and remedies for breach or non-performance of a
any breach or non- contract of service by any suit in
performance of a contract of Court in any case in which pro-
service by any suit in Court in ceedings have not been instituted
any case in which before the Director under section
proceedings have not been 8A, 8C, 8D, 9C or if instituted, have
instituted before the Director been withdrawn.
under section 8A or, if
instituted, have been

withdrawn.
127.
Section 129(1) (1) Remain (1) Remain
Service of
summons (a) if the person to be (a) if the person to be summoned
summoned has an agent cannot be found and has an agent,
authorised to accept service authorised to accept service of the
of the summons on his summons on his behalf, service on
behalf, service on such agent such agent shall be sufficient;
shall be sufficient;
(b) if the person to be summoned

(b) if the person to be cannot be found and has no agent
summoned cannot be found authorised to accept service of the
and has no agent authorised summons on his behalf, service on
to accept service of the any adult male member (not being
summons on his behalf, a domestic servant employee) of
service on any adult male the family of the person to be
member (not being a summoned who is residing with
domestic servant) of the him shall be sufficient.
family of the person to be
summoned who is residing
with him shall be sufficient.
(2) Remain (2) remain
(a) ….. (a) remain
(b) by sending such copy (b) by sending such copy by

by post in a letter addressed registered post in a letter
to the corporation at its addressed to the corporation at its
principal office, whether such principal office, whether such office
office be siruated within be situated within Malaysia or
Malaysia or elsewhere; or elsewhere; or

(c) ….. (c) remain
CHAPTER XVIA
OFFENCES AND
PENALTIES
128. Under Chapter IIA 130C. Under Chapter IIA (1)
If – If –
(a) any person fails to (a) any person fails to comply with
comply with an order or an order or decision of the
decision of the Director Director made under
made under subsection subsection (1) of section 8A,
(1) of section 8A, subsection (1) of section 8C or
subsection (1) of section subsection (1) of section 8D;
8C or subsection (1) of or
section 8D; or
(b) any employer prevents or
(b) any employer prevents attempts to prevent any
or attempts to prevent employee from appearing
any employee from before the Director under
appearing before the Chapter IIA,
Director under Chapter
IIA, he commits an offence and shall
be liable on conviction, to a fine
he commits an offence and not exceeding ten thousand ringgit
shall be liable on conviction, and in the case of a continuing
to a fine not exceeding ten offence, be liable to a fine not
thousand ringgit and in the exceeding one hundred ringgit for

case of a continuing offence, each day during which such
be liable to a fine not offence is continued after
exceeding one hundred conviction.
ringgit for each day during
which such offence is (2) Where the employer has been
continued after conviction. 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,
Nil issue a warrant to levy the
employer’s property for any
payments due to the employee
under subsection (2) in the
following manner:
(a) by way of distress and sale of

employer’s 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 (c) destroys, alters or mutilates
mutilates the register the register referred to in
referred to in paragraph paragraph (a) (b), or causes or
(a), or causes or permits permits the register to be
the register to be destroyed, altered or
destroyed, altered or mutilated;
mutilated; (d) ………….
(e) ………….
(d) …………. (f) ………….
(e) ………….
(f) ………….. Commits and offence and shall be
liable on conviction to a fine not
Commits and offence and exceeding ten thousand ringgit.
shall be liable on conviction to
a fine not exceeding ten
thousand ringgit.
130. Section 130F (1) Any person contravening (1) Any person contravening any
any of the provisions of of the provisions of Chapter XI or
Under Chapter XI Chapter XI or of any rule or of any rule or order made
order made thereunder or thereunder or who being the
who being the parent or parent or guardian of a child or
guardian of a child or young young person knowingly
person knowingly acquiesces acquiesces in any such
in any such contravention in contravention in respect of such

respect of such child or child or young person, commits an
young person, commits an offence and shall be liable on
offence and shall be liable on conviction to a fine not exceeding
conviction to a fine not ten fifty thousand ringgit or to
exceeding ten thousand imprisonment for a term not
ringgit or to imprisonment for exceeding two three years or to
a term not exceeding two both and, in the case of a second
years or to both. 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 (d) dismisses a female (d) dismisses terminates a female
XIB employee from her employee from her employment
employment during the during the period in which she is
period in which she is entitled to maternity leave; or
entitled to maternity leave; or
132. Seksyen 130M – Any person who commits any Any person who commits any
General Penalty offence under this Ordinance offence under, or contravenes any
or any rule, order, or other provisions of this Ordinance or any
subsidiary legislation rule, order, or other subsidiary
whatever made thereunder, in legislation whatever made
respect of which no penalty is thereunder, in respect of which no
provided, shall be liable, on penalty is provided, shall be liable,
conviction, to a fine of not on conviction, to a fine of not
exceeding ten thousand exceeding fifty ten thousand ringgit.
ringgit.

133.
Section 130N (1) The Director, Deputy (1) The Director, Deputy Director of
Power to Director of Labour or Senior Labour or Senior Assistant Director
compound Assistant Director of Labour of Labour appointed under para-
offences appointed under paragraph graph (a) or (b) of subsection (1A)
(a) or (b) of subsection (1A) of section 3 may, with the consent
of section 3 may, compound in writing of the Public Prosecutor,
any offence committed by a compound any offence committed
person which is punishable by a person which is punishable
under this Ordinance or any under this Ordinance or any rule
rule made under this made under this Ordinance.
Ordinance.
134. Where an offence under this

Section 130NA Nil Ordinance has been committed by
Offence by body a body corporate, partnership,
corporate, etc society or trade union-
(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 (2) Without prejudice to the
Power to make generality of the foregoing, generality of the foregoing, the
rules the Minister may make rules Minister may make rules –
– (a) ………………
(a) ………………
(b) ……………… (b) ………………
(c) ……………… (c) ………………
(d) ……………… (d) ………………
(e) ……………… (e) ………………
(f) ……………… (f) ………………
(g) ……………… (g) ………………
(h) prescribing fees to be (h) prescribing fees to be paid for

paid for filing of claims filing of claims under
under section 8A and for section 8A, 8C 8D or section
copies of notes of 9D and for copies of notes of

evidence recorded under evidence recorded under
Chapter IIA; Chapter IIA and Chapter IIIA;
(i) ……………… (i) ………………
(j) to provide for the (j) Remain

application of all or any 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 (k) Deleted

entitlement of employees
and the payment by
employers of termination,
lay-off and retirement
benefits;
(l) ……………………. (l) …...............................
(m) to regulate the (m) to regulate the employment of
employment of children and children and young persons and
young persons and may may specify —
specify —
(i) the form of licence to be (i) the form of licence to be
issued under section issued under section 73D
73D and the conditions and the conditions and
and restrictions to be restrictions to be attached to
attached to such such licence;
licence;

(ii) the time which children and

young persons employed
(ii) the time which children
shall be entitled to take off
and young persons
from work for meals or rest
employed shall be
periods; and
entitled to take off from
work for meals or rest
periods; and (iii) deleted;
(iii) the procedure to be

followed by any Board
(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 1. Any person, irrespective of his

his occupation, who has occupation, who has entered into a
entered into a contract of contract of service with an
service with an employer employer under which such
under which such person’s person’s wages do not exceed
wages do not exceed two three thousand ringgit a month.
thousand five hundred ringgit
a month.
2. Any person who….
2. Any person who… (a) …
(a) … (b) …
(b) … (c) …
(c) …
(d) he is engaged in (d) Deleted

recruiting employees;
(e) … (e) …
(f) … (f) …
(f) he is Definition of (f) he is Definition of "ordinary
"ordinary rate of rate of pay" in section 2,
engaged as pay" in section 2, engaged as a sections 11 and 12,
a domestic sections 11 and domestic subsections (1) and (2)
servant 12, subsections (1) employee. of section 14, sections
and (2) of section 58, 59, Chapter XIB,
14, sections 58, sections 103, 104, 105,
59, Chapter XIB, 105A, 105B, (except
sections 103, 104, 105B(1)), 105C, 105D,
105, 105A, 105B, 105E, 105F, subsection
105C, 105D, 105E, (2) of section 106 and
105F, subsection Chapter XIVA except
(2) of section 106 section 119.
and Chapter XIVA
except section 119.
SCHEDULE 3. For the purpose of this 3. For the purpose of this Schedule
Schedule "wages" means "wages" means wages as defined
wages as defined in section in section 2, but shall not include
2, but shall not include any any payment by way of
payment by way of commission (except where

commission subsistence commission is the only wages
allowance and overtime received), subsistence allowance
payment. and overtime payment.
Shoulder note of Provision of the Ordinance Provision of the Ordinance not

paragraph 3(f) of not applicable applicable
the Schedule
Definition of “ordinary rate of Definition of “ordinary rate of pay”
pay” in section 2, sections 11 in section 2, sections 11 and 12,
and 12, subsections (1) and subsections (1) and (2) of section
(2) of section 14, sections 58, 14, sections 58, 59, Chapter XIB,
59, Chapter XIB, sections sections 103, 104, 105, 105A,
103, 104, 105, 105A, 105B, 105B, 105C, 105D, 105E, 105F,
105C, 105D, 105E, 105F, subsection (2) of section 106 and
subsection (2) of section 106 Chapter XIVA except section 119.
and Chapter XIVA except
section 119.
137. SECOND Tiada SECOND SCHEDULE

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

List of morals of children and young
employment that persons
affects the morals
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 pros-
titution;
2. All kinds of employment as so-

cial escorts or guest relation
and any other related activities;

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

require child or young person
to work in any activities related
to massage services or reflex-
ology services;

make use of, procure, or offer
child or young person for any
kind of job related to pornogra-
phy;

make use of, procure, or in-
volve child or young person for
the production and trade of
drugs, narcotics, psychotropic
substances and other addictive
substances which are prohib-
ited 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.

Cadangan Pindaan Labour Ordinance Sarawak Cap 76

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cadangan Pindaan Labour Ordinance Sarawak Cap 76

Uploaded by

Copyright:

Available Formats

PROPOSED AMENDMENTS TO THE LABOUR ORDINANCE (SARAWAK CAP.

Sarawak Labour Department (as at 22.03.2019) 1

2. “apprenticeship” “apprenticeship” means any person

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

Sarawak Labour Department (as at 22.03.2019) 2

4. Related sections: “domestic servant” “domestic employee”

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

Sarawak Labour Department (as at 22.03.2019) 3

Sarawak Labour Department (as at 22.03.2019) 4

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

Definition (a) a person who contracts with a

(b) a person who contracts with con-

Definition (a) included in any category

(b) in respect of whom the

Sarawak Labour Department (as at 22.03.2019) 6

(a) To cease providing the

Sarawak Labour Department (as at 22.03.2019) 7

16. Section 2(1)

Sarawak Labour Department (as at 22.03.2019) 8

Sarawak Labour Department (as at 22.03.2019) 9

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

Sarawak Labour Department (as at 22.03.2019) 10

21. Nil “sexual harassment” means any

22. “spread over period of ten hours”

23. Section 2(2) For the purpose of Chapter Deleted

Sarawak Labour Department (as at 22.03.2019) 11

24. Section 2(2A) Nil For the purpose of Chapter IV,

(a) “ordinary rate of pay” means

Sarawak Labour Department (as at 22.03.2019) 12

(b) “hourly rate of pay” means the

Sarawak Labour Department (as at 22.03.2019) 13

Sarawak Labour Department (as at 22.03.2019) 14

28. Section 3(3)

Sarawak Labour Department (as at 22.03.2019) 15

(a) any term of the contract (a) remain

(b) any of the provisions of (b) remain

(a) an employee against any (a) remain

Sarawak Labour Department (as at 22.03.2019) 17

Sarawak Labour Department (as at 22.03.2019) 18

(a) by an employee against

(b) by an employee against any

(c) by an employer against an

(2) Any complainant who is

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

Sarawak Labour Department (as at 22.03.2019) 19

(2) If a complaint of sexual

(3) Upon inquiry by the Director

35. (1) Where the Director decides

(2) If the complainant terminates

(a) wages as if the complainant

(b) termination benefits and

Sarawak Labour Department (as at 22.03.2019) 20

as provided for under the

and shall, on conviction, be liable

38. Section 9G Nil Every employer shall have a

Sarawak Labour Department (as at 22.03.2019) 21

Sarawak Labour Department (as at 22.03.2019) 22

A person who works for, or renders

(a) the manner of work is subject

(b) the particular hours of work

(c) the person’s work constitutes

(d) the work is performed solely

(e) the person is provided with