A1754 - AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025

UNDANG-UNDANG MALAYSIA Akta A1754 AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025 2 Undang-Undang Malaysia AktA A1754 Tarikh Perkenan Diraja ... ... 20 Mac 2025 Tarikh penyiaran dalam Warta ... 14 April 2025 Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). Ordinan Buruh Sarawak (Pindaan) 3 UNDANG-UNDANG MALAYSIA Akta A1754 AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025 Suatu Akta untuk meminda Ordinan Buruh Sarawak. [ ] DIPERBUAT oleh Parlimen Malaysia seperti yang berikut: Tajuk ringkas dan permulaan kuat kuasa 1. (1) Akta ini bolehlah dinamakan Akta Ordinan Buruh Sarawak (Pindaan) 2025. (2) Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta dan Menteri boleh menetapkan tarikh yang berlainan bagi permulaan kuat kuasa peruntukan yang berlainan dalam Akta ini. Pindaan am 2. Ordinan Buruh Sarawak [Sarawak Bab 76], yang disebut “Ordinan” dalam Akta ini, dipinda— (a) dengan menggantikan perkataan “worker” di mana-mana jua terdapat dengan perkataan “employee”; 4 Undang-Undang Malaysia AktA A1754 (b) dengan menggantikan perkataan “domestic servant” di mana-mana jua terdapat dengan perkataan “domestic employee”; dan (c) dengan menggantikan perkataan “domestic servants” di mana-mana jua terdapat dengan perkataan “domestic employees”. Pindaan seksyen 2 3. Seksyen 2 Ordinan dipinda— (a) dalam subseksyen (1)— (i) dengan memasukkan selepas takrif “agricultural undertaking” takrif yang berikut: ‘ “apprentice” means any person who has entered into an apprenticeship contract;’; (ii) dalam takrif “apprenticeship contract”, dengan menggantikan perkataan “shall not be less than two years” dengan perkataan “shall be for a minimum period of six months and a maximum period of twenty-four months”; (iii) dalam takrif “confinement”, dengan menggantikan perkataan “twenty-eight weeks” dengan perkataan “twenty-two weeks”; (iv) dengan memasukkan selepas takrif “confinement” takrif yang berikut: ‘ “constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or which is carrying out such constructional work for or on behalf of some other person under a contract entered into by him or them with such other person, and includes his or their heirs, executors, administrators, assignees and successors;’; Ordinan Buruh Sarawak (Pindaan) 5 (v) dalam takrif “contract of service”, dengan menggantikan perkataan “other” dengan perkataan “employee”; (vi) dengan memasukkan selepas takrif “contractor” takrif yang berikut: ‘ “contractor for labour” means a person who contracts with a principal, contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work which a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be;’; (vii) dengan menggantikan takrif “Director” dengan takrif yang berikut: ‘ “Director” means the Director of Labour appointed under subsection (1) of section 3 and for the purposes of Part IVa, includes any officer or any suitable person who has been appointed under section 122al;’; (viii) dalam takrif “employee”— (A) dalam peranggan (a), dengan menggantikan perkataan “Schedule” dengan perkataan “First Schedule”; dan (B) dalam perenggan (b), dengan menggantikan perkataan “of section” dengan perkataan “or section”; (ix) dengan memotong takrif “family”; (x) dalam takrif “Minister”, dengan menggantikan perkataan “responsible for labour matters” dengan perkataan “charged with the responsibility for human resources”; (xi) dengan menggantikan takrif “overtime” dengan takrif yang berikut: ‘ “overtime” means— (a) the number of hours of work carried out in excess of the normal hours of work per day; or 6 Undang-Undang Malaysia AktA A1754 (b) if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that such spread over period ends up to the time that the employee ceases work for the day;’; (xii) dengan menggantikan takrif “part-time employee” dengan takrif yang berikut: ‘ “part-time employee” means a person included in the First Schedule whose average hours of work per week as agreed between him and his employer do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed by the same employer in a similar capacity;’; (xiii) dengan menggantikan takrif “place of employment” dengan takrif yang berikut: ‘ “place of employment”, except for section 122h, means— (a) any place where work is carried on for an employer by an employee; (b) any place declared by the Minister under paragraph (d) of subsection (7); or (c) for the purposes of Part IVa, any place specified under paragraph (a) or (b), and includes any place in which an employee is housed by an employer;’; (xiv) dengan memotong takrif “recruit”; (xv) dengan memasukkan selepas takrif “repatriation” takrif yang berikut: ‘ “sexual harassment” means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;’; Ordinan Buruh Sarawak (Pindaan) 7 (xvi) dengan memotong takrif “ship”; (xvii) dengan memasukkan selepas takrif “ship” yang dipotong takrif yang berikut: ‘ “spread over period of ten hours” means a period of ten consecutive hours to be reckoned from the time of the employee commences work for the day, inclusive of any period or periods of leisure, rest or break within such period of ten consecutive hours; “State Authority” means the Yang di-Pertua Negeri of the State of Sarawak;’; (xviii) dengan memotong takrif “subcontractor for labour”; dan (xix) dengan memasukkan selepas takrif “underground work” takrif yang berikut: ‘ “vessel” means any type of ship, boat or floating platform used in the maritime environment including any submersible craft;’; (b) dalam perenggan (3)(c), dengan memasukkan selepas perkataan “a daily” perkataan “or an hourly”; (c) dalam subseksyen (4), dengan memasukkan selepas perkataan “on a daily” perkataan “or an hourly”; dan (d) dalam subseksyen (6)— (i) dengan memasukkan selepas perkataan “order” perkataan “published in the Gazette”; dan (ii) dengan menggantikan perkataan “Schedule” dengan perkataan “First Schedule, Second Schedule or Third Schedule”. 8 Undang-Undang Malaysia AktA A1754 Penggantian seksyen 2b 4. Ordinan dipinda dengan menggantikan seksyen 2b dengan seksyen yang berikut: “General power 2b. The Minister may, by order published to exempt or in the Gazette, exempt or exclude, subject exclude. to such conditions as he may deem fit to impose, any person or class of persons or any building or class of buildings from all or any of the provisions of this Ordinance.”. Pindaan seksyen 3 5. Seksyen 3 Ordinan dipinda— (a) dalam subseksyen (2)— (i) dengan menggantikan perkataan “an order under Chapter IIa” dengan perkataan “a directive, decision or order under section 8a or 8i, subsection (4) of section 9d or subsection (1) of section 19a or Part IVa”; dan (ii) dengan menggantikan perkataan “fourteen” dengan perkataan “twenty-one”; dan (b) dengan memotong subseksyen (3). Pindaan seksyen 7 6. Sekyen 7 Ordinan dipinda dengan memotong subseksyen (2). Pindaan seksyen 8a 7. Ordinan dipinda dengan menggantikan perenggan 8a(2)(b) dengan perenggan yang berikut: “(b) a contractor for labour against a principal, contractor or subcontractor for any sum of money which the contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or”. Ordinan Buruh Sarawak (Pindaan) 9 Pindaan seksyen 8b 8. Seksyen 8b Ordinan dipinda— (a) dalam perenggan (a), dengan memasukkan selepas koma bernoktah di hujung perenggan itu perkataan “or”; dan (b) dengan memotong perenggan (b). Pemotongan seksyen 8c, 8d dan 8e 9. Ordinan dipinda dengan memotong seksyen 8c, 8d dan 8e. Pindaan seksyen 8f 10. Seksyen 8f Ordinan dipinda dengan menggantikan perkataan “sections 8a, 8c and 8d” dengan perkataan “sections 8a and 19a”. Pindaan seksyen 8i 11. Subseksyen 8i(1) Ordinan dipinda— (a) dengan menggantikan perkataan “section 8a, 8c or 8d” dengan perkataan “section 8a or 19a”; dan (b) dengan menggantikan perkataan “subcontractor for labour” di mana-mana jua terdapat dengan perkataan “contractor for labour”. Pindaan seksyen 8m 12. Subseksyen 8m(1) Ordinan dipinda dengan menggantikan perkataan “section 8a, 8c, 8d or 8i” dengan perkataan “section 8a or 8i, subsection (4) of section 9d or subsection (1) of section 19a”. 10 Undang-Undang Malaysia AktA A1754 Bab baharu IIIa 13. Ordinan dipinda dengan memasukkan selepas seksyen 9 bab yang berikut: “Chapter IIIa. SEXUAL HARASSMENT. Interpretation. 9a. For the purposes of this Chapter, “complaint of sexual harassment” means any complaint relating to sexual harassment made— (a) by an employee against another employee; (b) by an employee against any employer; or (c) by an employer against an employee. Inquiry into 9b. (1) Upon receipt of a complaint of complaints sexual harassment by any person mentioned of sexual harassment. in section 9a, an employer or any class of employers shall inquire into the complaint in a manner prescribed by the Minister. (2) Subject to subsection (3), where an employer refuses to inquire into the complaint of sexual harassment as required under subsection (1), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing. Ordinan Buruh Sarawak (Pindaan) 11 (3) Notwithstanding subsection (2), an employer may refuse to inquire into any complaint of sexual harassment as required under subsection (1) if— (a) the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven; or (b) the employer is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith. (4) Any complainant who is dissatisfied with the refusal of the employer to inquire into his complaint of sexual harassment, may refer the matter to the Director. (5) The Director shall, after reviewing the matter referred to him under subsection (4)— (a) if he thinks the matter should be inquired into, direct the employer to conduct an inquiry; or (b) if he agrees with the decision of the employer not to conduct the inquiry, inform the person who referred the matter to him that no further action will be taken. Findings of 9c. (1) Where the employer conducts an inquiry by inquiry into a complaint of sexual harassment employer. received under subsection (1) of section 9b, and the employer is satisfied that sexual harassment is proven, the employer shall— (a) in the case where the person against whom the complaint of sexual harassment is made is an employee, 12 Undang-Undang Malaysia AktA A1754 take disciplinary action which may include the following: (i) dismissing the employee without notice; (ii) downgrading the employee; or (iii) imposing any other lesser punishment as he deems just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of two weeks; and (b) in the case where the person against whom the complaint of sexual harassment is made is a person other than an employee, recommend that the person be brought before an appropriate disciplinary authority to which the person is subject to. Complaints 9d. (1) If a complaint of sexual harassment is of sexual made to the Director, the Director shall assess harassment the complaint and may direct an employer made to the to inquire into such complaint. Director. (2) The employer shall inquire into the complaint of sexual harassment when directed to do so under subsection (1) and submit a report of the inquiry to the Director within thirty days from the date of such direction. (3) If a complaint of sexual harassment received by the Director is made against an employer who is a sole proprietor, the Director shall inquire into such complaint himself in a manner prescribed by the Minister. Ordinan Buruh Sarawak (Pindaan) 13 (4) Upon inquiry by the Director of the complaint of sexual harassment under subsection (3), the Director shall decide if sexual harassment is proven or not and such decision shall be informed to the complainant as soon as practicable. (5) Notwithstanding subsection (3), the Director may refuse to inquire into any complaint of sexual harassment received under subsection (3) if— (a) the complaint of sexual harassment has previously been inquired into by the Director and no sexual harassment has been proven; or (b) the Director is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith. (6) Where the Director refuses to inquire into the complaint of sexual harassment received under subsection (3), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing. Effect of 9e. (1) Where the Director decides under decisions of the subsection (4) of section 9d that sexual Director. harassment is proven, the complainant may terminate his contract of service without notice. 14 Undang-Undang Malaysia AktA A1754 (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. Offence. 9f. Any employer who fails— (a) to inquire into complaints of sexual harassment under subsection (1) of section 9b; (b) to inform the complainant of the refusal and the reasons for the refusal as required under subsection (2) of section 9b; (c) to inquire into complaints of sexual harassment when directed to do so by the Director under paragraph (a) of subsection (5) of section 9b or subsection (2) of section 9d; or (d) to submit a report of inquiry into sexual harassment to the Director under subsection (2) of section 9d, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit. Ordinan Buruh Sarawak (Pindaan) 15 Right of 9g. (1) No person shall prevent or attempt employee to to prevent any employee from appearing or appear or attend attending an inquiry in pursuance of this inquiry under Chapter. this Chapter. (2) Any person who contravenes or fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, be liable to a fine not exceeding one thousand ringgit for each day during which such offence is continued after conviction. Notice 9h. An employer shall, at all times, exhibit on sexual conspicuously at the place of employment, harassment. a notice to raise awareness on sexual harassment.”. Seksyen baharu 10d 14. Ordinan dipinda dengan memasukkan selepas seksyen 10c seksyen yang berikut: “Presumption 10d. (1) In any proceeding under this as to who is Ordinance or any other written law, in the employee and absence of a written contract of service employer. relating to any category of employee under the First Schedule, it shall be presumed until the contrary is proved that a person is an employee— (a) where his manner of work is subject to the control or direction of another person; (b) where his hours of work are subject to the control or direction of another person; 16 Undang-Undang Malaysia AktA A1754 (c) where he is provided with tools, materials or equipments by another person to execute work; (d) where his work constitutes an integral part of another person’s business; (e) where his work is performed solely for the benefit of another person; or (f) where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income. (2) For the purposes of subsection (1), it shall be presumed until the contrary is proved that a person is an employer— (a) where he controls or directs the manner of work of another person; (b) where he controls or directs the hours of work of another person; (c) where he provides tools, materials or equipments to another person to execute work; (d) where the work of another person constitutes an integral part of his business; (e) where another person performs work solely for his benefit; or (f) whether or not payment is made by him in return for work done for him by another person. (3) The first-mentioned person in subsection (2) includes the agent, manager or factor of such first-mentioned person.”. Ordinan Buruh Sarawak (Pindaan) 17 Seksyen baharu 19a dan 19b 15. Ordinan dipinda dengan memasukkan selepas seksyen 19 seksyen yang berikut: “Discrimination 19a. (1) The Director may inquire into and in employment. decide any matter relating to discrimination in employment, and the Director may, pursuant to such inquiry, issue a directive or make an order to the employer as may be necessary or expedient to resolve the matter in respect of— (a) any complaint by an employee; or (b) any complaint pursuant to any dispute between an employee and— (i) his employer; or (ii) another employee. (2) An employer who fails to comply with any directive or order of Director issued under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. Prohibition of 19b. Any employer who threatens, deceives forced labour. or forces an employee to do any activity, service or work and prevents that employee from proceeding beyond the place or area where such activity, service or work is done, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”. 18 Undang-Undang Malaysia AktA A1754 Pindaan seksyen 58 16. Perenggan 58(a) Ordinan dipinda dengan memotong perkataan “of twenty hectares or more”. Pindaan seksyen 60 17. Seksyen 60 Ordinan dipinda dengan memotong subseksyen (2). Seksyen baharu 71a 18. Ordinan dipinda dengan memasukkan selepas seksyen 71 seksyen yang berikut: “Interpretation. 71a. (1) In this Chapter, unless the context otherwise requires— “employment” means employment in any labour for the purposes of gain, whether the gain be to a child, young person or to any other person; “family” means the father, mother, sibling or any guardian who has custody, of a child or young person; “light work” means any work performed by a child or young person which is not likely— (a) to be harmful to his health, mental or physical capacity; or (b) to prejudice his attendance at school that includes any place which teaches any religion, his participation in vocational orientation or training programmes approved by the competent authority or his capacity to benefit from the instruction received; Ordinan Buruh Sarawak (Pindaan) 19 “public entertainment” means entertainment to which the public or any section of the public is admitted or in connection with which any charge, whether for admission or not, is made or at which any collection or subscription is received and includes performances for the making of films for public exhibition other than news films but does not include any entertainment given by the pupils of any school registered under the Education Act 1996 [Act 550] at or under the auspices of such school, or any entertainment promoted by a voluntary, social or welfare body which has been approved by the Director. (2) For the purposes of this Chapter, the age of admission to light work as specified in paragraph (a) of subsection (2) of section 73 shall not be less than thirteen years.”. Pindaan seksyen 73 19. Seksyen 73 Ordinan dipinda— (a) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: “(1) No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or any employment other than those specified in this section.”; (b) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: “(1a) Notwithstanding subsection (1), a young person may be engaged in any hazardous work with personal supervision if he is— (a) under an apprenticeship contract; or (b) undergoing a vocational training.”; 20 Undang-Undang Malaysia AktA A1754 (c) dalam subseksyen (3)— (i) dengan memotong perenggan (b); (ii) dalam perenggan (c)— (A) dengan memotong perkataan “bars,”; dan (B) dengan memotong perkataan “, club”; (iii) dalam perenggan (e), dengan menggantikan noktah bertindih di hujung perenggan itu dengan noktah; dan (iv) dengan memotong proviso; (d) dengan menggantikan subseksyen (5) dengan subseksyen yang berikut: “(5) No child or young person shall be, or be required or permitted to be, engaged in any employment contrary to the provisions of the Occupational Safety and Health Act 1994 [Act 514] or the Electricity Ordinance Sarawak [Sarawak Cap. 50].”; dan (e) dengan memasukkan selepas subseksyen (5) subseksyen yang berikut: “(6) Notwithstanding subsections (2) and (3), no child or young person shall be, required or permitted to be, engaged in any employment specified in the Second Schedule. (7) For the purposes of this section, “hazardous work” means work specified in the Third Schedule.”. Ordinan Buruh Sarawak (Pindaan) 21 Pindaan seksyen 74c 20. Seksyen 74c Ordinan dipinda dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: “(3) For the purposes of this section, “agricultural undertaking” means any work in which any person is employed under a contract of service for the purposes of agriculture or horticulture, the tending of domestic animals and poultry or the collection of the produce of any plants or trees, but does not include any work performed in a forest.”. Pemotongan seksyen 75a 21. Ordinan dipinda dengan memotong seksyen 75a. Pemotongan Bab XIa 22. Ordinan dipinda dengan memotong Bab XIa. Pindaan Bab XIb 23. Bab XIb Ordinan dipinda dalam kepala dengan menggantikan perkataan “MATERNITY PROTECTION.” dengan perkataan “PREGNANCY AND MATERNITY.”. Pindaan seksyen 84 24. Seksyen 84 Ordinan dipinda— (a) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: “(1) Every female employee shall be entitled— (a) to maternity leave for an eligible period in respect of each confinement; and (b) subject to this Chapter, to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.”; 22 Undang-Undang Malaysia AktA A1754 (b) dengan menggantikan subseksyen (2) dengan subseksyen yang berikut: “(2) Where a female employee is entitled to maternity leave under paragraph (a) of subsection (1), whether or not she is entitled to receive maternity allowance from her employer for the eligible period under subsection (5), or whether or not she has fulfilled the conditions set out in subsection (6), she may, with the consent of her employer, commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner.”; (c) dalam subseksyen (7)— (i) dengan menggantikan perkataan “this section” dengan perkataan “subsection (1)”; dan (ii) dengan menggantikan perkataan “Chapter XVIb” dengan perkataan “paragraph (c) of subsection (2) of section 130o”; dan (d) dengan menggantikan subseksyen (11) dengan subseksyen yang berikut: “(11) For the purposes of this Chapter— (a) “children” means all natural children, irrespective of age; (b) “eligible period” means a period of maternity leave of not less than ninety-eight consecutive days.”. Pindaan seksyen 92a 25. Seksyen 92a Ordinan dipinda— (a) dalam nota birai, dengan menggantikan perkataan “dismissal” dengan perkataan “termination”; dan (b) dalam subseksyen (2), dengan menggantikan perkataan “dismissed” dengan perkataan “terminated”. Ordinan Buruh Sarawak (Pindaan) 23 Seksyen baharu 92b 26. Ordinan dipinda dengan memasukkan selepas seksyen 92a seksyen yang berikut: “Restriction on 92b. (1) Where a female employee is pregnant termination of or is suffering from an illness arising out of pregnant female her pregnancy, it shall be an offence for her employee. employer to terminate her service or give her notice of termination of service, except on the grounds of— (a) wilful breach of a condition of the contract of service under subsection (2) of section 13; (b) misconduct under subsection (1) of section 14; or (c) closure of the employer’s business. (2) Where the service of a female employee under subsection (1) is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.”. Pindaan seksyen 97 27. Seksyen 97 Ordinan dipinda— (a) dalam nota birai, dengan menggantikan perkataan “worker” dengan perkataan “employee”; dan (b) dalam subseksyen (1), dengan menggantikan perenggan (e) dengan perenggan yang berikut: “(e) upon— (i) expiry of the Licence To Employ Non-Resident Employee; or (ii) revocation of the Licence To Employ Non-Resident Employee in accordance with section 119f;”. 24 Undang-Undang Malaysia AktA A1754 Pindaan seksyen 98 28. Ordinan dipinda dengan memotong subperenggan 98(a)(i). Pindaan Bab XIII 29. Bab XIII Ordinan dipinda dalam kepala dengan menggantikan perkataan “DOMESTIC SERVICE.” dengan perkataan “DOMESTIC EMPLOYEES.”. Pindaan seksyen 101 30. Seksyen 101 Ordinan dipinda dalam nota birai dengan menggantikan perkataan “Domestic servants.” dengan perkataan “Domestic employees.”. Seksyen baharu 101a 31. Ordinan dipinda dengan memasukkan selepas seksyen 101 seksyen yang berikut: “Termination of 101a. Subject to any express provision to contract. the contrary contained therein, a contract to employ and to serve as domestic employee may be 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 an 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 an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.”. Ordinan Buruh Sarawak (Pindaan) 25 Pindaan seksyen 103 32. Seksyen 103 Ordinan dipinda— (a) dalam subseksyen (1), dengan memasukkan selepas perenggan (e) perenggan yang berikut: “(ea) to enable him to purchase a computer; (eb) to enable him to pay for medical expenses for himself or his immediate family members; (ec) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees’ Social Security Act 1969 [Act 4]; (ed) to enable him to pay for educational expenses for himself or his immediate family members;”; dan (b) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: “(1a) For the purposes of this section, “immediate family members” means the employees’ father, mother, spouse, children, siblings or any other person under the employee’s guardianship.”. Pindaan seksyen 104 33. Seksyen 104 Ordinan dipinda dalam subseksyen (1)— (a) dalam perenggan (a)— (i) dengan menggantikan perkataan “sixteen” dengan perkataan “eighteen”; (ii) dengan menggantikan perkataan “four” dengan perkataan “six”; (iii) dalam subperenggan (iii), dengan memotong perkataan “and” di hujung subperenggan itu; 26 Undang-Undang Malaysia AktA A1754 (iv) dengan menggantikan subperenggan (iv) dengan subperenggan yang berikut: “(iv) the Workers’ Celebration Day;” dan (v) dengan memasukkan selepas subperenggan (iv) subperenggan yang berikut: “(v) the Malaysia Day; and (vi) the Sarawak Independence Day:”; dan (b) dalam perenggan (b), dengan menggantikan proviso dengan proviso yang berikut: “Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on— (i) a rest day; or (ii) any other public holiday referred to in paragraphs (a) and (b), the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first mentioned public holiday.”. Pindaan seksyen 105 34. Seksyen 105 Ordinan dipinda— (a) dalam nota birai, dengan memasukkan selepas perkataan “work” perkataan “and working at night”; (b) dalam subseksyen (1), dengan menggantikan perkataan “forty-eight” di mana-mana jua terdapat dengan perkataan “forty-five”; dan (c) dalam subseksyen (10), dengan memasukkan selepas perkataan “rates” perkataan “and prescribing matters relating to working at night”. Ordinan Buruh Sarawak (Pindaan) 27 Pindaan seksyen 105a 35. Subseksyen 105a(1) Ordinan dipinda dengan menggantikan perkataan “forty-eight” di mana-mana jua terdapat dengan perkataan “forty-five”. Pindaan seksyen 105c 36. Subseksyen 105c(3) Ordinan dipinda dengan memasukkan selepas perkataan “monthly” perkataan “or weekly”. Pindaan seksyen 105e 37. Subseksyen 105e(1) Ordinan dipinda— (a) dengan memotong proviso pertama; dan (b) dalam proviso lanjut, dengan menggantikan perkataan “And provided further” dengan perkataan “Provided”. Seksyen baharu 105ea 38. Ordinan dipinda dengan memasukkan selepas seksyen 105e seksyen yang berikut: “Paternity 105ea. (1) Subject to subsection (3), leave. a married male employee shall be entitled to a paid paternity leave at his ordinary rate of pay for a period of seven consecutive days in respect of each confinement. (2) The paternity leave under subsection (1) shall be restricted to five confinements irrespective of the number of spouses. 28 Undang-Undang Malaysia AktA A1754 (3) A married male employee shall be entitled to paternity leave from his employer if— (a) he has been employed by the same employer at least twelve months immediately before the commencement of such paternity leave; and (b) he has notified his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth. (4) A married male employee referred to under subsection (1) employed on a monthly rate of pay shall be deemed to have received his paternity leave pay if he continues to receive his monthly wages during his abstention from work during the paternity leave period without abatement in respect of the abstention for the month in which he takes such paternity leave.”. Seksyen baharu 108c 39. Ordinan dipinda dengan memasukkan selepas seksyen 108b seksyen yang berikut: “Calculation 108c. (1) Notwithstanding subsection (3) of of wages for section 2 and section 108, an employee who incomplete is employed on a monthly rate of pay and has month of work. not completed a whole month of service— (a) where he commenced employment after the first day of the month; (b) where his employment was terminated before the end of the month; Ordinan Buruh Sarawak (Pindaan) 29 (c) where he took leave of absence without pay for one or more days of the month; or (d) where he took leave of absence by reason of having been called up for national service under the National Service Act 1952 [Act 425], to present himself for national service training as required under the National Service Training Act 2003 [Act 628] or to comply with any other written laws relating to national service, shall be paid wages due to him for that month calculated according to the following formula: Monthly wages Number of days eligible X Number of days of the in the wage particular wage period period.”. Penggantian seksyen 109 40. Ordinan dipinda dengan menggantikan seksyen 109 dengan seksyen yang berikut: “Time of 109. (1) Subject to subsection (2), every payment of employer shall pay to each of his employees wages. not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period. (2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs (a) and (b) of subsection (1) of section 104 and overtime shall be paid not later than the last day of the next wage period. 30 Undang-Undang Malaysia AktA A1754 (3) Notwithstanding subsections (1) and (2), if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.”. Seksyen baharu 109a dan 109b 41. Ordinan dipinda dengan memasukkan selepas seksyen 109 seksyen yang berikut: “Payment 109a. (1) The wages, less lawful deductions, on normal earned by but not yet paid to an employee termination of shall be paid to such employee on the day on contract. which such contract of service is terminated in accordance with— (a) subsection (1) of section 11a; or (b) section 12 by either party. (2) The wages earned by but not yet paid to an employee whose contract of service is terminated by his employer in accordance with section 12, such wages shall be paid to the employee on the day on which such contract of service is terminated or, if this is not possible, on the first day, not being a rest day or gazetted holiday, after the day on which such contract of service is terminated. Payment on 109b. (1) Where an employer terminates the termination contract of service of an employee without of contract notice in accordance with subsection (1) or (2) in special of section 13 or paragraph (a) of subsection (1) circumstances and on breach of section 14— of contract. (a) the wages, less any deductions which the employer is entitled to make under section 114, earned by Ordinan Buruh Sarawak (Pindaan) 31 such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect; and (b) in addition, where the employer terminates the contract of service under subsection (1) of section 13, the indemnity payable to the employee under that subsection, shall be paid by the employer to the employee on the day on which such contract of service is so terminated. (2) Where an employee terminates his contract of service with an employer without notice in accordance with subsection (1) or (2) of section 13 or subsection (3) of section 14, the wages, less any deductions which the employer is entitled to make under section 114, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee before the expiry of the seventh day after the day on which the contract of service is so terminated: Provided that the employer may, subject to any order made by a court or the Director to the contrary, deduct from the wages due to the employee such sum as the employee is liable to pay in lieu of notice according to the provisions of section 13 or the terms of his contract, if any.”. 32 Undang-Undang Malaysia AktA A1754 Penggantian seksyen 111 42. Ordinan dipinda dengan menggantikan seksyen 111 dengan seksyen yang berikut: “Wages to be 111. (1) The entire amount of the wages paid through earned by, or payable to, any employee in financial respect of any work done by him less any institution. lawful deductions, shall be actually paid to him through payment into an account opened by a financial institution, being 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. (2) Every employee shall be entitled to recover in the courts or before the Director acting under section 8a, so much of his wages, exclusive of sums lawfully deducted under section 114, as shall not have been actually paid to him in accordance with subsection (1). (3) For the purposes of this Chapter, “financial institution” includes— (a) a licensed bank and an approved issuer of a designated payment instrument under the Financial Services Act 2013 [Act 758]; (b) a licensed Islamic bank and an approved issuer of a designated Islamic payment instrument under the Islamic Financial Services Act 2013 [Act 759]; and (c) a prescribed institution under the Development Financial Institutions Act 2002 [Act 618]. Ordinan Buruh Sarawak (Pindaan) 33 (4) The Minister may, by order published in the Gazette, specify any approved issuer of a designated payment instrument or any approved issuer of a designated Islamic payment instrument under paragraphs (a) and (b) of subsection (3) to be a recognized approved issuer of a designated payment instrument or approved issuer of a designated Islamic payment instrument for the purpose of payment of wages under this Chapter.”. Penggantian seksyen 111a 43. Ordinan dipinda dengan menggantikan seksyen 111a dengan seksyen yang berikut: “Payment of 111a. (1) Notwithstanding subsection (1) of wages other section 111, an employer may, upon a written than through request of the employee, make payment of financial his employee’s wages— institution. (a) in legal tender; or (b) by cheque made payable to or to the order of the employee. (2) The request by the employee under subsection (1) may be withdrawn by the employee, at any time, by notice in writing to the employer. (3) The notice referred to in subsection (2) shall take effect at, but not before, the end of the period of four weeks beginning with the day on which the notice is given. (4) Any dispute arising out of the request by the employee under subsection (1) shall be referred to the Director whose decision on the matter shall be final. (5) Section 8a shall not apply in respect of any dispute under subsection (4).”. 34 Undang-Undang Malaysia AktA A1754 Pindaan seksyen 117 44. Seksyen 117 Ordinan dipinda— (a) dalam subseksyen (1), dengan memasukkan selepas perkataan “approved service” perkataan “or any approved incentive payment scheme”; dan (b) dalam subseksyen (2)— (i) dengan memasukkan selepas perkataan “approved in writing any amenity or service” perkataan “or any incentive payment scheme”; dan (ii) dengan memasukkan selepas perkataan “as an approved amenity or approved service” perkataan “or approved incentive payment scheme”. Pindaan seksyen 117a 45. Subseksyen 117a(1) Ordinan dipinda dengan menggantikan perkataan “subcontractor for labour” di mana-mana jua terdapat dengan perkataan “contractor for labour”. Pindaan seksyen 117b 46. Subseksyen 117b(1) Ordinan dipinda dengan menggantikan perkataan “subcontractor for labour” dengan perkataan “contractor for labour”. Seksyen baharu 117d 47. Ordinan dipinda dengan memasukkan selepas seksyen 117c seksyen yang berikut: “Information 117d. (1) A contractor for labour who relating to intends to supply or undertakes to supply supply of any employee shall register with the Director employees. in the prescribed form within fourteen days before supplying the employee. Ordinan Buruh Sarawak (Pindaan) 35 (2) A contractor for labour referred to in subsection (1) who supplies any employee to a principal, contractor or subcontractor shall enter into a contract in writing and shall make such contract or any other document relating to such contract available for inspection. (3) If a contractor for labour referred to in subsection (1) supplies any employee, he shall keep or maintain one or more registers as may be determined by the Director containing information regarding each employee supplied by him and shall make such registers available for inspection. (4) A contractor for labour who— (a) supplies his employee without registering with the Director as required under subsection (1); (b) fails to make such contract or any other document relating to such contract available for inspection as required under subsection (2); or (c) fails to keep or maintain any register, or make available any register for inspection as required under subsection (3), commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.”. Pindaan seksyen 119a 48. Seksyen 119a Ordinan dipinda dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: “(3) If the service of a non-resident employee is terminated— (a) by his employer; 36 Undang-Undang Malaysia AktA A1754 (b) by reason of the expiry of any pass relating to employment issued by the Immigration Department of Malaysia to the non-resident employee; or (c) by reason of the repatriation or deportation of the non-resident employee, the employer shall, within thirty days of the termination of service, inform the Director of the termination in the manner as may be determined by the Director. (4) If a non-resident employee terminates his service or absconds from his place of employment, the employer shall, within fourteen days of the termination of service or after the non-resident employee’s absence, inform the Director in the manner as may be determined by the Director.”. Pemotongan seksyen 119b 49. Ordinan dipinda dengan memotong seksyen 119b. Seksyen baharu 119f 50. Ordinan dipinda dengan memasukkan selepas seksyen 119e seksyen yang berikut: “Revocation 119f. (1) The Director may, without any of Licence compensation, revoke a Licence To Employ To Employ Non-Resident Employee issued under Non-Resident subsection (1) of section 119 if he is satisfied Employee. that the employer including the officer of the employer referred to under section 130la— (a) has contravened or failed to comply with any of the provisions of this Ordinance or any subsidiary legislation made under this Ordinance; Ordinan Buruh Sarawak (Pindaan) 37 (b) has failed to comply with any conditions prescribed in respect of the licence issued under subsection (2) of section 119 and paragraph (n) of subsection (2) of section 130o; (c) has been wound up or dissolved under the provisions of the Companies Act 2016 [Act 777]; (d) has ceased operating his business; (e) has terminated all the non-resident employees referred to in the Licence To Employ Non-Resident Employee; (f) has been convicted of an offence under— (i) this Ordinance or the subsidiary legislation made thereunder; (ii) any written law relating to labour or social security; (iii) any written law relating to internal security; (iv) any written law in relation to anti-trafficking in persons or forced labour; or (v) any written law for the time being in force relating to immigration; (g) has failed to comply with any written directions issued by the Director under this Ordinance; or (h) has induced the granting of the licence by a false representation of fact. 38 Undang-Undang Malaysia AktA A1754 (2) The Director shall not revoke a Licence To Employ Non-Resident Employee unless, after giving the employer a written notice specifying an opportunity to make any representation, reason or explanation in writing as to why the Licence To Employ Non-Resident Employee should not be revoked within the period specified in such written notice, he is satisfied with the representation, reason or explanation given in writing by the employer. (3) After the expiry of the period specified in the written notice under subsection (2) or after considering the representation, reason or explanation made under subsection (2), the Director shall decide whether or not to revoke the Licence To Employ Non-Resident Employee. (4) The Director shall inform the employer of his decision under subsection (3) by a notice in writing. (5) Where a Licence To Employ Non-Resident Employee is revoked, the revocation shall be effective within thirty days after the notice under subsection (4) is communicated to the employer and the employer shall within fourteen days from the date of communication of the licence return the licence to the Director. (6) Notwithstanding subsection (5), if the Director is satisfied that the period specified in subsection (5) is not reasonably practicable, he may, on the application of the employer, extend the time for such revocation to take effect as he thinks fit.”. Ordinan Buruh Sarawak (Pindaan) 39 Bab baharu XIVb 51. Ordinan dipinda dengan memasukkan selepas seksyen 121 bab yang berikut: “Chapter XIVb. FLEXIBLE WORKING ARRANGEMENT. Flexible 121a. (1) Subject to Chapter XIV or anything working contained in the contract of service, arrangement. an employee may apply to an employer for a flexible working arrangement to vary the hours of work, days of work or place of work in relation to his employment. (2) Where there is a collective agreement, any application made by the employee under subsection (1) shall be consistent with the terms and conditions in the collective agreement. Application for 121b. (1) The employee shall make an flexible working application for flexible working arrangement arrangement. under section 121a in writing and in the form and manner as may be determined by the Director. (2) Upon the application made under subsection (1), an employer shall, within sixty days from the date such application is received, approve or refuse the application. (3) The employer shall inform the employee in writing of the employer’s approval or refusal of the application under subsection (1) and in the case of a refusal, the employer shall state the ground of such refusal.”. 40 Undang-Undang Malaysia AktA A1754 Bahagian baharu IVa 52. Ordinan dipinda dengan memasukkan selepas seksyen 122 bahagian yang berikut: “PART IVa. SPECIAL PROVISIONS RELATING TO EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMODATIONS AND AMENITIES. Chapter XVa. PRELIMINARY. Interpretation. 122a. In this Part, unless the context otherwise requires— “building”, in relation to Chapter XVb, means any building used for the housing of employees and includes a nursery and a community hall; “contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that employee agrees to serve his employer as an employee; “dependant” means the spouse, parent (including stepfather and stepmother), grandparent, child (including stepchild), brother and sister (including half-brother and half-sister and stepbrother and stepsister) of an employee, who is dependent on such employee, and includes— (a) as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and (b) as respects parents, the parents of an illegitimate child, and any person by whom the employee was adopted in accordance with any written law relating to adoption; Ordinan Buruh Sarawak (Pindaan) 41 “District Engineer”, in respect of a district, means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public Works Department for that district and, for the purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the District Engineer;

“employer” means— (a) any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager and factor of such first mentioned person; or (b) where the owner or lessee (including the agent, manager and factor of such owner or lessee) of a place of employment (hereinafter referred to as the first mentioned person) has entered into an agreement, whether oral or in writing and whether expressed or implied, with another person for the purpose of executing any work for or connected with any business, trade, operation or interest of such first mentioned person, the term “employer” shall also include such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly; “estate” means any agricultural land exceeding 40.46 hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated, or any mine or any other place of employment so declared by order of the Minister; 42 Undang-Undang Malaysia AktA A1754 “Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district, or local authority area, and for the purpose of subsection (1) of section 122an, includes any officer authorized in writing in that behalf by the Medical Officer of Health; “private hospital” means a private hospital as provided under the Private Healthcare Facilities and Services Act 1998 [Act 586]; “resident manager”, in relation to an estate, means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed; “resident registered medical practitioner” means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed. Chapter XVb. HOUSING AND OTHER AMENITIES. Building to 122b. (1) Except as provided in subsection (2), comply with no employer shall house or cause or permit requirements. 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 rules made thereunder. Ordinan Buruh Sarawak (Pindaan) 43 (2) Any building, which immediately before the commencement of this Part was used for the housing of employees, as a nursery or as a community hall, by an employer and was erected or converted in accordance with the requirements of any written law in force at the time of its erection or conversion may continue to be used by such employer: Provided that such building be converted to comply with the provisions of this Part or any rules made thereunder. (3) Notwithstanding the provision in subsection (2), the Director may, upon application by an employer, permit subject to any condition as he may impose, such building to continue to be used without conversion for such period as he deems fit. (4) Pursuant to any investigation carried out on any place of employment, where the Director is satisfied that any building, which immediately before or after the commencement of this Part, was used for the housing of employees or their dependants, or as a nursery or as a community hall, does not comply with the provisions of this Part or any rules made under this Part, the Director may issue to the employer concerned a notice, of not less than three months, of his intention to order demolition and replacement, alteration, repair or making good any deficiency or defect thereof. (5) Where, upon the expiry of the notice under subsection (4), the employer fails to take such action as required to the satisfaction of the Director, the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair such building or to make good any deficiency or defect thereof within six months from the date of the order and subject to such conditions as the Director may specify in the order. 44 Undang-Undang Malaysia AktA A1754 (6) The order under subsection (5) may include a directive that no employee or his dependants shall be permitted to occupy any such building pending such demolition and replacement, alteration or repair, or the making good of any defect or deficiency thereof, or until the requirements of the order have been complied with: Provided that where an appeal has been made under section 122ao in respect of the order issued under subsection (5), then such order shall be suspended pending the determination of the appeal. Supply of water 122c. (1) Where employees and their and electricity dependants are provided with housing at their and maintenance place of employment, it shall be the duty of of houses. 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. Ordinan Buruh Sarawak (Pindaan) 45 (2) For the purposes of this section, the adequacy of water and electricity supply shall be as determined by the Director: Provided that the Director may, if he is satisfied in any case that it is impracticable to provide piped water supply for each house, approve any other means of water supply: Provided further that the Director may, in any case where he is satisfied that the provision of electricity supply is not practicable or viable, exempt the employer in writing from the requirement of such provision. (3) Where water supply is drawn from a source other than a public main, the Director may, for the purpose of ensuring that the water supply is suitable for consumption, cause the Medical Officer of Health to take samples of water supply for analysis and report, the costs of which shall be borne by the employer. (4) Where water supply is obtained from a public main and is piped to each house, the Director may, on application made to him, partly or wholly exempt the employer in writing from the requirement to provide free water supply to the employees subject to such conditions as the Director may impose. (5) Where any extension or structural alteration has been made to the buildings without the permission of the Director, the Director may, after giving one month’s notice, require the employer to have the extension or structural alteration demolished. 46 Undang-Undang Malaysia AktA A1754 Erection 122d. (1) In relation to a building which is of building to be erected or converted for the housing intended to of employees or for use as a nursery or be used for the housing of community hall, the employer shall submit employees, as to the Director for his endorsement, the plans nursery or as of the building and of its site approved by community hall. the relevant authority. (2) No work relating to the aforesaid building shall commence before the submission of such plan is endorsed by the Director. (3) For the purpose of securing that the minimum standards required under this Part or any rules made thereunder are complied with, the relevant authority may approve such plans subject to such conditions (including alterations of the plans) as he may deem fit to impose thereon. (4) For the purposes of this section, the relevant authority shall be the authorities as may be determined by the Minister after consultation with the State Authority. Building 122e. (1) The Director shall cause to be endangering inspected— health or safety. (a) by a Medical Officer of Health, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its design, site, size, sanitation, the quantity and quality of the water supply provided for the occupants of such buildings or other conditions, appears to the Director to be likely to endanger health; and Ordinan Buruh Sarawak (Pindaan) 47 (b) by the District Engineer, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its construction, state of repair or condition, appears to the Director to be likely to endanger the safety of any person. (2) The Medical Officer of Health or the District Engineer or both, as the case may be, shall, after inspecting any building, estate hospital, group estate hospital or clinic under this section, submit to the Director a report of his or their findings, together with any recommendation made thereon relating to the necessary measures required to be taken in respect of such building, estate hospital, group estate hospital or clinic. (3) Subject to subsection (4), on receipt of such report referred to in subsection (2), the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair the building, estate hospital, group estate hospital or clinic or to make good any deficiency or defect within such time and subject to such conditions as the Director may specify in the order and such order may direct that no employee or his dependants shall be permitted to occupy any building, estate hospital, group estate hospital or clinic pending such demolition and replacement, alteration or repair or until the order has been complied with: Provided that where an appeal has been made under section 122ao in respect of the order, then such order shall be suspended pending the decision of the appeal. 48 Undang-Undang Malaysia AktA A1754 (4) No order under subsection (3) shall be issued unless a copy of the report under subsection (2) received by the Director has been furnished to the employer by the Director, and in making such order, the Director shall give due consideration to any representation that may be made by the employer in respect of the report. Building not 122f. (1) Except as provided in subsection (2), originally built a building originally built for a purpose other for housing of than the housing of employees shall not be employees. used for, or be converted for, the purpose of the housing of employees by an employer without an approval by the Director. (2) An employer may make an application to the Director in the manner specified under subsection (3) for the approval for the purpose specified under subsection (1). (3) The application required to be made under subsection (2) shall be accompanied by a plan of the site of the building and a plan setting out the details of the building or of the conversion proposed to be made thereto and subsections (2) and (3) of section 122d shall apply to such plan as they apply to a plan of a building or of the site of a building mentioned in that section. Nursery. 122g. (1) Where there are employees residing on the place of employment and such employees have together no less than five 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, Ordinan Buruh Sarawak (Pindaan) 49 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. (2) The employer shall maintain the nursery and shall accommodate therein the dependants of the employees during the period in which such employees are away working for the employer: Provided that he shall not accommodate therein such dependants in excess of the number specified in the order mentioned in subsection (1). (3) On each day a dependant is accommodated at the nursery, the employer, at his own expense, shall provide for such dependant with play equipment and a supply of milk— (a) in sufficient quantity; and (b) of good quality. (4) Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. 50 Undang-Undang Malaysia AktA A1754 Allotment of 122h. (1) Where there are employees residing land. on the place of employment, the employer of such employees shall set aside land which has been cleared, for allotment to such employees for cultivation, grazing or partly cultivation and partly grazing: Provided that an employer is not required to excise any permanent cultivation which has been planted by him at least twelve months previously. (2) An employee residing on the place of employment who has been employed for a period of not less than six months by the employer aforesaid shall be entitled to have allotted to him an area for cultivation for communal use and food supply. (3) If an area of land allotted for cultivation (whether wholly or partly) shall remain unplanted for a period of six months from the date of the allotment, or if an employee uses the area of land allotted to him for a purpose different from that for which it was allotted, or if he does not use it at all for the purpose for which it was allotted, the employer may terminate such allotment and thereafter may allot such area of land to another employee. (4) In relation to the setting aside of land under this section— (a) land allotted to employees shall be situated as near as possible to the houses of the employees; and (b) land for grazing shall be situated from the houses of the employees at a distance to be recommended in writing by a Medical Officer of Health. Ordinan Buruh Sarawak (Pindaan) 51 (5) The Director may, for sufficient reason, exempt to such extent as may be stated in such exemption, any employer from compliance with this section on such terms and conditions and for such period as he may deem fit. (6) Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. (7) For the purposes of this section, “place of employment” means an estate or such other place as may be prescribed by the Minister by notification in the Gazette to be a place of employment. Community 122i. (1) The Director may, by order, require hall, sports the employer in any place of employment where and other there are not less than one hundred employees recreational facilities. residing at the place of employment— (a) to construct at the place of employment, within such reasonable time as may be specified, a community hall capable of accommodating such number of persons as may be specified; and (b) to provide facilities for sports and other recreational activities as may be specified. (2) The employer shall maintain the community hall, sports and other recreational facilities in a satisfactory condition as the Director thinks fit. 52 Undang-Undang Malaysia AktA A1754 (3) Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. No rent or 122j. An employee shall not be required charge to be to make any payment for rent or charge levied for in respect of any housing, nursery, community benefits under hall, sports and other recreational facilities, this Chapter. sanitation, or allotment of land provided for the employee under this Chapter. Chapter XVc. HEALTH, HOSPITAL, MEDICAL TREATMENT AND SANITATION. Definition of 122k. For the purposes of this Chapter, dependant. “dependant” means such member of the employee’s family, namely, spouse, father, mother and children under the age of eighteen, including children adopted in accordance with any written law, who are living with and dependent on the employee. Employer 122l. (1) The Director may, at any time to construct by order in writing, after consultation with and maintain the Minister of Health, require any employer estate to construct within a reasonable time hospital. 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. Ordinan Buruh Sarawak (Pindaan) 53 (2) Where there is already a hospital maintained by the employer, the Director may, by order in writing, after consultation with the Minister of Health, require the employer to enlarge or add to such hospital so as to provide accommodation for a further number of patients as may be stated in the order. (3) For the purposes of subsection (1) or (2), the Director may further require the employer to employ a registered medical practitioner to reside at and have charge of such hospital or any hospital maintained by such employer, and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health. (4) In the case where two or more estates are so situated that the required accommodation for patients from such estates can be conveniently provided in one hospital, the Director may, after consultation with the Minister of Health, instead of ordering each employer to construct and maintain a separate hospital, order all the employers concerned to construct within a reasonable time to be stated in such order and thereafter to maintain at their own expense one hospital, hereinafter called a “group estate hospital”, for all such estates with accommodation for such number of patients as may be stated in the order. (5) In the case of there is already a group estate hospital erected and maintained jointly by two or more employers (whether constructed under the provisions of this section or not), the Director may, after consultation with the Minister of Health, order all or any such employers to enlarge or add to such hospital so as to provide accommodation for such further number of patients from their estates as may be stated in the order. 54 Undang-Undang Malaysia AktA A1754 (6) For the purposes of subsections (4) and (5), the Director may further require the employers to employ a registered medical practitioner to have charge of such group hospital and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health. (7) Where there already exists an estate hospital or group estate hospital, the Director may order the employers concerned to join such estate hospital or group estate hospital, as the case may be, and be jointly responsible for the maintenance of such hospital. (8) Every employer referred to in this section and the resident manager of every estate concerned shall be responsible for the registration and the due maintenance of the estate hospital or group estate hospital, as the case may be, registered in accordance with the provisions of the Private Healthcare Facilities and Services Act 1998 and any regulation made thereunder. (9) No employer who has constructed and maintained an estate hospital or a group estate hospital, whether in pursuance of an order of the Director under this section or otherwise, shall reduce the number of beds or discontinue the maintenance and operation of such estate hospital or group estate hospital without prior written permission of the Director. Payment and 122m. (1) It shall be the duty of every recovery employer to provide for every employee of hospital employed on an estate with medical attendance, expenses by care and treatment including diet at the estate employer. hospital or group estate hospital established under section 122l or at the estate clinic established under section 122p. Ordinan Buruh Sarawak (Pindaan) 55 (2) The employer may recover from such employee the expenses of such care, treatment and maintenance at such rate as the Minister may prescribe by notification in the Gazette in respect of any period in excess of thirty days during which such employee shall have remained in the hospital. (3) For the purposes of this section, employee includes his dependants who reside on such estate or on any other land owned or leased by or is within the control of the employer. Sick 122n. (1) Every employee or any dependant employees of such employee, who is injured or falls being ill during the course of the employee’s admitted to employment shall be taken by the employer to hospital. a private hospital or a Government hospital, as the case may be. (2) The expenses incurred under subsection (1) shall, whatever be the amount, be recoverable from the employer in a Civil Court at the suit of the Medical Officer in charge of such hospital, and the certificate of such Medical Officer shall be sufficient prima facie evidence that the amount therein specified is due from the employer: Provided that not more than thirty days’ expenses in hospital in respect of any employee or dependant shall be recoverable. (3) The cost of maintenance and treatment of the employee referred to in subsection (1) shall be borne by the employer. (4) No expenses paid by an employer under subsection (3) shall be recoverable from the employee. 56 Undang-Undang Malaysia AktA A1754 Transportation 122o. (1) It shall be the duty of the employer of sick and of the resident manager at their own employees to expenses— hospital. (a) to have every employee employed on an estate to be transported safely without delay to and from the estate hospital or group estate hospital or, if there is no such hospital, to and from the private hospital or Government hospital, as the case may be; and (b) to make arrangements and to provide appliances for the safe transport of a sick employee to and from an estate hospital, group estate hospital, private hospital or Government hospital as the case may be, as the Medical Officer of Health or any Medical Officer may, from time to time, require. (2) The Medical Officer of Health or any Medical Officer may require the employer or resident manager to remove any employee on the estate who requires medical treatment to an estate hospital, group estate hospital, private hospital or Government hospital, as the case may be. (3) Any employer or resident manager who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. (4) For the purposes of this section, “employee” includes any dependant of such employees who requires medical treatment. Ordinan Buruh Sarawak (Pindaan) 57 Medical 122p. (1) On any estate where there is no treatment estate hospital or a group estate hospital in estate available, the Director may, by order, after on which consultation with the Medical Officer of a hospital is not Health, require an employer to establish maintained. and maintain a clinic or make such other provisions as are necessary for the treatment of sick employees and their dependants. (2) The Director shall specify in such order the services, medicine, equipment and staff to be provided and the hours during which the treatment facilities shall be made available to the employees and their dependants. (3) Where a clinic exists on any estate or is established pursuant to an order under subsection (1), it shall be the duty of the employer to arrange for a registered medical practitioner to be stationed at the clinic or to visit the clinic at least once a fortnight to supervise the operations and management of the clinic and to provide medical treatment to employees and their dependants. (4) No employer who has established and maintained a clinic, whether pursuant to an order of the Director made under this section or otherwise, shall reduce the services, facilities or staff or discontinue the maintenance and operation of such clinic without prior written permission of the Director. Duty to 122q. (1) It shall be the duty of the resident report registered medical practitioner or, in his suspected absence or if there is no resident registered cases of medical practitioner, the resident manager— infectious disease. (a) to isolate at once any employee or other person on an estate whom he may suspect to be suffering from any infectious disease as defined in the Prevention and Control of Infectious Diseases Act 1988 [Act 342]; 58 Undang-Undang Malaysia AktA A1754 (b) to detain under observation any other person whom he may deem likely to have contracted such disease; and (c) to notify the nearest Medical Officer of Health of the action taken under paragraphs (a) and (b) with the least possible delay. (2) Pending the arrival of the Medical Officer of Health on the estate, the resident registered medical practitioner or the resident manager shall take appropriate preventive measures and thereafter consult the Medical Officer of Health on any further action to be taken. (3) Any person who neglects to perform the duty imposed upon him or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. Duty of 122r. (1) On the occurrence of any infectious employer to disease on any estate, it shall be the duty of segregate the employer forthwith, if so directed by employee suffering the Medical Officer of Health— from infectious (a) to provide a place where an employee disease. may be segregated in the interest of public health or of any other employee employed on the estate; and Ordinan Buruh Sarawak (Pindaan) 59 (b) to make at his own expense such arrangements as deemed necessary to the Medical Officer of Health— (i) for the maintenance of all the employees while so segregated; and (ii) for the treatment of any employee suffering from such disease. (2) It shall be lawful for the Medical Officer of Health to cause such employee to be removed to such place as he may direct and continued to be detained in such place until discharged by order in writing of the Medical Officer of Health if at any time it appears to the Medical Officer of Health— (a) that an employee employed on any estate is suffering from any infectious disease; or (b) that it is otherwise necessary in the interest of public health or of the health of any other employee employed on the estate. Power of 122s. The Medical Officer of Health may, Medical at any time if it appears to him necessary Officer for the health of the employees employed on of Health to order any estate, by order in writing, direct any immunization employer or resident manager, at his own against expense, to make arrangements so that all or infectious any of the employees and their dependants disease. be given immunization against any infectious disease. 60 Undang-Undang Malaysia AktA A1754 Weekly 122t. (1) It shall be the duty of the employer inspection of of a place of employment where employees employees’ and their dependants are provided with housing housing. accommodation to ensure that— (a) the area surrounding the employees’ housing is kept clear of undergrowth and maintained in a clean and sanitary condition; (b) the perimeter drains around each dwelling or block of dwellings including all outlet drains are kept in a good state of repair and clear of refuse or undergrowth to permit free flow of water; (c) all refuse in the housing site is collected daily and disposed of satisfactorily; and (d) all communal latrines and bathrooms are kept in a clean, sanitary and working condition. (2) It shall be the duty of the employer to ensure that all buildings used for the housing of employees, nurseries or community halls are visited and inspected weekly by a medical assistant registered under the Medical Assistants (Registration) Act 1977 [Act 180] employed by the employer or any other person authorized in writing by the employer who shall report to the employer if the buildings are not kept clean or if any refuse is allowed to accumulate in the neighbourhood of the buildings, and who shall also examine and if necessary, take or cause to be taken, to hospital any employee found in the buildings who appears to be suffering from any health complaint and report to the employer accordingly. Ordinan Buruh Sarawak (Pindaan) 61 (3) The findings of the medical assistant registered under the Medical Assistants (Registration) Act 1977 employed by the employer or any other person authorized in writing by the employer shall be recorded in a book kept at the place of employment and be made available to the Director or Medical Officer of Health for inspection. (4) In any case where the Medical Officer of Health shall consider that the visits, inspections or other duties, under subsection (2) are not satisfactorily carried out, he may notify the employer accordingly, specifying the matters in respect whereof he is not satisfied, and the employer shall thereupon make further or other arrangements as the Medical Officer of Health may require. Chapter XVd. ACCOMMODATIONS. Application. 122u. This Chapter shall apply to employees who are employed otherwise than to work in an estate. Interpretation. 122v. In this Chapter— “accommodation” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation and includes centralized accommodation; “centralized accommodation” means any building used for the housing of employees employed by one or more employers; 62 Undang-Undang Malaysia AktA A1754 “centralized accommodation provider” means any person who provides and manages a centralized accommodation and supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees; “person in charge of accommodation” means any person appointed by an employer or centralized accommodation provider to be responsible for the management of the accommodation, and safety and health of the employees and other amenities in the accommodation. Requirement for 122w. (1) The Minister may prescribe any accommodation. class, category or description of employees that shall be provided with accommodation under this Chapter. (2) All employers, whose class, category or description of employees is prescribed by the Minister, shall provide such employees with accommodation. (3) Any employer who fails to provide accommodation or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. Functions 122x. (1) For the purposes of this Chapter, and powers the Director shall have the following functions: of Director in relation to (a) to administer and regulate all matters accommodation. relating to an accommodation; Ordinan Buruh Sarawak (Pindaan) 63 (b) to direct employer or centralized accommodation provider to submit any information and documents relating to an employee’s accommodation; (c) to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation; (d) to issue a Certificate for Accommodation subject to any written law applicable; and (e) to do anything incidental to any of his functions under this Chapter. (2) The Director shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Chapter. (3) The Director may, in issuing directions to any employer or centralized accommodation provider pursuant to the exercise of his functions and powers under subsection (1) or (2), direct that any expenses incurred in complying with such direction to be borne by the employer or the centralized accommodation provider. Accommodation 122y. (1) No accommodation shall be to be provided to an employee unless certified with certified with a Certificate for Accommodation. Certificate for Accommodation. (2) An application for a Certificate for Accommodation shall be made by an employer or a centralized accommodation provider to the Director in the form and manner as may be determined by the Director and shall be accompanied by the prescribed processing fee. 64 Undang-Undang Malaysia AktA A1754 (3) An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction. (4) A centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one day or to both for each day the offence continues after conviction. Employer to 122z. (1) An employer shall, within thirty give notice of days from the date an accommodation is occupation. occupied by his employee, inform the Director of such occupation in the form and manner as may be determined by the Director. (2) Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. Accommodation 122aa. An employer or a centralized to comply accommodation provider shall ensure that with minimum every accommodation provided for employees standards. complies with the minimum standards required under this Part or any subsidiary legislation made thereunder. Ordinan Buruh Sarawak (Pindaan) 65 Power of 122ab. (1) If the Director finds that any Director accommodation or amenities provided by an to direct employer or a centralized accommodation replacement, provider to an employee does not comply alteration with the minimum standards required under and repair of this Part, the Director may issue a notice to accommodation and amenities. the employer or centralized accommodation provider, as the case may be, to direct the employer or centralized accommodation provider to replace, alter or repair the accommodation or amenities within the period as the Director may specify in the notice. (2) All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1) shall be borne by the employer or centralized accommodation provider. (3) The employer or centralized accommodation provider shall not recover from the employee the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1). (4) Any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. Power of 122ac. (1) The Director may, if he thinks Director to necessary for the safety and well-being of the direct employer employees, issue a notice to the employer or or centralized centralized accommodation provider, as the accommodation case may be, to further direct the employer or provider centralized accommodation provider to whom to provide temporary the direction has been given under subsection (1) accommodation. of section 122ab to provide the employees with temporary accommodation in the manner as may be determined by the Director in the course of replacement, alteration or repair of the accommodation or amenities. 66 Undang-Undang Malaysia AktA A1754 (2) The Director may impose any condition to the employer or centralized accommodation provider relating to the temporary accommodation provided to the employees under subsection (1). (3) Section 122y shall not apply to temporary accommodation referred to in subsection (1). (4) All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1), including the cost for transportation of employees from the accommodation to the temporary accommodation, rent of temporary accommodation and travelling of employees between his place of employment and the temporary accommodation shall be borne by the employer or centralized accommodation provider. (5) The employer or centralized accommodation provider shall not recover from the employees the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1). (6) Any person who contravenes subsection (1), (2), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. Deductions in 122ad. (1) Subject to any conditions as may respect of rent be prescribed by the Minister, an employer or charge for may collect from an employee any sum for accommodation. rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Chapter. Ordinan Buruh Sarawak (Pindaan) 67 (2) The sum collected under subsection (1) shall be made by deductions from the wages of the employee. Accommodation 122ae. (1) Notwithstanding section 122y, to comply with no employer or centralized accommodation any written provider shall use any building as laws. accommodation if the building is unfit for human habitation in accordance with the relevant written laws. (2) Any employer or centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit. Amenities. 122af. An employer or a centralized accommodation provider shall provide decent and adequate amenities in accordance with this Part or any subsidiary legislation made thereunder. Duties and 122ag. An employer or a centralized responsibilities accommodation provider who provides in respect of accommodation for an employee under this safety and health. Chapter shall have the following duties and responsibilities: (a) to provide separate accommodation to employees of the opposite gender; (b) to take necessary preventive measures to ensure employees’ safety and well-being; (c) to take fire safety measures in accordance with the relevant written laws; 68 Undang-Undang Malaysia AktA A1754 (d) to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws; (e) to ensure that the employees receive the necessary medical assistance; and (f) to take preventive measures to contain the spread of infectious diseases as ordered by the Medical Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense, make arrangements as ordered by the Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease. Maintenance. 122ah. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Chapter is maintained as directed by the Director. Appointment 122ai. (1) An employer or a centralized of person accommodation provider shall appoint at in charge of least one person in charge of accommodation accommodation. provided under this Chapter, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Part or any subsidiary legislation made thereunder. (2) It shall be the duty of the person in charge of accommodation— (a) to ensure that employees comply with any disciplinary rules as may be determined by the employer; Ordinan Buruh Sarawak (Pindaan) 69 (b) to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director in the place of employment; and (c) to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director in the place of employment. Notice to vacate 122aj. (1) Subject to subsection (2), if accommodation. an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated. (2) Notwithstanding subsection (1), an employee whose contract of service is terminated by less than four weeks’ notice or is terminated with immediate effect shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated. Employer 122ak. Nothing in this Chapter shall render an not obligated employer obligated to provide accommodation to provide for the dependants of an employee who is accommodation for employees’ provided with accommodation under this dependants. Chapter. 70 Undang-Undang Malaysia AktA A1754 Chapter XVe. GENERAL PROVISIONS, APPEALS AND OFFENCES. Minister may 122al. The Minister may, subject to appoint any such restrictions and conditions as may officer or any be determined, appoint any officer or any suitable person suitable person to carry out all or any of with powers and duties. the powers conferred upon the Director by this Part and every duty so performed and every power so exercised shall be deemed to have been performed and exercised for the purposes of this Part. Power to issue 122am. The Minister may issue such directions. directions as he considers necessary for the purpose of ensuring compliance with this Part. Power of 122an. (1) The Director, Medical Officer of Director, etc. Health or District Engineer shall have power to inspect, at all times without the need for previous investigate notice— and to issue summons. (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 employees or as a nursery or as a community hall; (b) to enter and inspect any place of employment or any building which he believes is used by an employer or centralized accommodation provider for the accommodation of the employees; (c) to enter and inspect any estate hospital, group estate hospital and clinic where employees are provided with medical attendance, care and treatment; and Ordinan Buruh Sarawak (Pindaan) 71 (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 employee employed thereat or his representative, to any person in charge of the employees, to the employees 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 employees 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 or any other document relating to such employees 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); 72 Undang-Undang Malaysia AktA A1754 (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) Section 129 of this Ordinance shall apply to the service of a summons issued under this Part. Ordinan Buruh Sarawak (Pindaan) 73 Appeals. 122ao. (1) Subject to subsection (2), any employer or centralized accommodation provider aggrieved by any order or decision made under this Part or any subsidiary legislation 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 subsection (1a) of section 3 or any suitable person appointed under section 122al 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. Failure to 122ap. Any employer who fails to comply comply with with any order made under section 122b, 122e, order under 122i, 122l or 122p commits an offence and section 122b, shall, on conviction, be liable to a fine not 122e, 122i, 122l or 122p. exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”. Seksyen baharu 124ba dan 124bb 53. Ordinan dipinda dengan memasukkan selepas seksyen 124b seksyen yang berikut: “Jurisdiction. 124ba.

(1) Notwithstanding the provisions of the Subordinate Courts Act 1948 [Act 92], all penalties for offences against this Ordinance may be had and recovered in the Sessions Court or the Court of a First Class Magistrate on complaint by any person aggrieved or by the Director or any person authorized by him in writing in that behalf. 74 Undang-Undang Malaysia AktA A1754 (2) Notwithstanding the provisions of any written law to the contrary, the Court of a First Class Magistrate shall have jurisdiction to try any offence under this Ordinance and to award the full punishment for any such offence. Court order for 124bb. (1) Where an employer has been payments due to convicted of an offence relating to the payment employee. of wages or any other payments payable to the employee under this Ordinance, the court before which he is convicted may order the employer to pay any payment due to the employee in relation to that offence. (2) Where an employer fails to comply with an order made under subsection (1), the court shall, on the application of the employee, issue a warrant to levy the employer’s property for any payments due under that subsection 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 [P.U. (A) 205/2012] 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].”. Pindaan seksyen 125a 54. Seksyen 125a Ordinan dipinda dengan menggantikan perkataan “and all officers” dengan perkataan “, any officer or person”. Ordinan Buruh Sarawak (Pindaan) 75 Penggantian seksyen 125b 55. Ordinan dipinda dengan menggantikan seksyen 125b dengan seksyen yang berikut: “Protection of 125b. No action shall lie or be brought, Director and instituted or maintained in any court against— officers. (a) the Director, the Deputy Director or any other officer duly appointed or authorized under this Ordinance for or on account of or in respect of any act ordered or done for the purpose of carrying out this Ordinance into effect; (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, the Deputy Director or any other officer duly appointed or authorized under this Ordinance; or (c) any officer or suitable person appointed under section 122al in respect of any act ordered or done for the purpose of carrying out Part IVa into effect, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.”. Pindaan seksyen 127 56. Seksyen 127 Ordinan dipinda dengan memasukkan selepas perkataan “under section 8a” perkataan “, 9d or 19a”. 76 Undang-Undang Malaysia AktA A1754 Pindaan seksyen 129 57. Seksyen 129 Ordinan dipinda— (a) dalam subseksyen (1)— (i) dengan menggantikan perkataan “A summons” dengan perkataan “Any summons”; (ii) dengan memotong perkataan “in accordance with section 7 and Chapter IIa”; (iii) dalam perenggan (a), dengan memasukkan selepas perkataan “summoned” perkataan “cannot be found and”; dan (iv) dalam perenggan (b), dengan memotong perkataan “male”; dan (b) dalam perenggan (2)(b), dengan menggantikan perkataan “post” dengan perkataan “registered post”. Pindaan seksyen 130a 58. Seksyen 130a Ordinan dipinda— (a) dengan menggantikan perkataan “of ten thousand ringgit” dengan perkataan “not exceeding fifty thousand ringgit”; dan (b) dengan menggantikan perkataan “of one hundred ringgit” dengan perkataan “not exceeding one thousand ringgit”. Pindaan seksyen 130c 59. Seksyen 130c Ordinan dipinda— (a) dalam perenggan (a), dengan menggantikan perkataan “subsection (1) of section 8a, subsection (1) of section 8c or subsection (1) of section 8d” dengan perkataan “Chapter IIa”; Ordinan Buruh Sarawak (Pindaan) 77 (b) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”; dan (c) dengan menggantikan perkataan “one hundred ringgit” dengan perkataan “one thousand ringgit”. Pindaan seksyen 130d 60. Seksyen 130d Ordinan dipinda dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”. Pindaan seksyen 130e 61. Seksyen 130e Ordinan dipinda— (a) dalam perenggan (c), dengan menggantikan perkataan “paragraph (a)” dengan perkataan “paragraph (b)”; dan (b) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”. Pindaan seksyen 130f 62. Subseksyen 130f(1) Ordinan dipinda— (a) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”; dan (b) dengan memasukkan selepas perkataan “both” perkataan “and, in the case of a second or subsequent offence, shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both”. Pemotongan seksyen 130g 63. Ordinan dipinda dengan memotong seksyen 130g. 78 Undang-Undang Malaysia AktA A1754 Pindaan seksyen 130h 64. Seksyen 130h Ordinan dipinda— (a) dalam perenggan (d), dengan menggantikan perkataan “dismisses” dengan perkataan “terminates”; (b) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”; dan (c) dalam perenggan (aa), dengan menggantikan perkataan “Chapter XIa” dengan perkataan “Chapter XIb”. Pindaan seksyen 130i 65. Seksyen 130i Ordinan dipinda dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”. Pindaan seksyen 130j 66. Seksyen 130j Ordinan dipinda— (a) dalam perenggan (f), dengan menggantikan perkataan “employer” dengan perkataan “employee”; dan (b) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”. Pindaan seksyen 130l 67. Seksyen 130l Ordinan dipinda— (a) dengan menggantikan perkataan “ten thousand ringgit” dengan perkataan “fifty thousand ringgit”; dan (b) dengan menggantikan perkataan “six months” dengan perkataan “a term not exceeding one year”. Ordinan Buruh Sarawak (Pindaan) 79 Seksyen baharu 130la 68. Ordinan dipinda dengan memasukkan selepas seksyen 130l seksyen yang berikut: “Offence by 130la. (1) Where an offence under this body corporate, Ordinance has been committed by a body etc. corporate, partnership, society or trade union— (a) in the case of a body corporate, an officer as defined under the Companies Act 2016 [Act 777] 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; or (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. (2) If the body corporate, partnership, society or trade union is found guilty of the offence, the person referred to under paragraph (a), (b), or (c) of subsection (1) shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in the capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge; or (ii) that the offence was committed without his consent or connivance and that he had taken all precautions and exercised due diligence to prevent the commission of the offence.”. 80 Undang-Undang Malaysia AktA A1754 Penggantian seksyen 130m 69. Ordinan dipinda dengan menggantikan seksyen 130m dengan seksyen yang berikut: “General 130m. (1) Any person who contravenes any penalty. provisions of this Ordinance or any subsidiary legislation made thereunder, commits an offence, in respect of which no penalty is provided, shall be liable, on conviction to a fine not exceeding fifty thousand ringgit. (2) For the purposes of Part IVa, any person who contravenes any provisions of the Part or any subsidiary legislation made thereunder, commits an offence, in respect of which no penalty is provided, shall be liable, on conviction to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”. Pindaan seksyen 130n 70. Subseksyen 130n(1) Ordinan dipinda— (a) dengan menggantikan perkataan “may, compound” dengan perkataan “may compound, with the consent in writing of the Public Prosecutor,”; dan (b) dengan menggantikan perkataan “any rule” dengan perkataan “any subsidiary legislation”. Pindaan seksyen 130o 71. Seksyen 130o Ordinan dipinda— (a) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: “(1) The Minister may— (a) with the concurrence of the State Authority, make such rules to deal with any matter peculiar to the State of Sarawak; Ordinan Buruh Sarawak (Pindaan) 81 (b) after consultation with the State Authority, make such rules as may be necessary or expedient for giving full effect to the provisions of this Ordinance, or for the further, better or more convenient implementation of the provisions of this Ordinance.”; (b) dalam subseksyen (2)— (i) dengan memasukkan selepas perkataan “the Minister” perkataan “, after consultation with the State Authority,”; (ii) dengan memotong perenggan (b); (iii) dengan menggantikan perenggan (h) dengan perenggan yang berikut: “(h) prescribing fees to be paid for filing of claims under sections 8a, 9d and 19a and for copies of notes of evidence recorded under Chapters IIa and IIIa and section 19a;”; (iv) dalam perenggan (m)— (A) dalam subperenggan (i), dengan memasukkan selepas koma bernoktah di hujung subperenggan itu perkataan “and”; (B) dalam subperenggan (ii), dengan memotong perkataan “and” di hujung subperenggan itu; dan (C) dengan memotong subperenggan (iii); (v) dalam perenggan (o), dengan memotong perkatan “and” di hujung perenggan itu; 82 Undang-Undang Malaysia AktA A1754 (vi) dengan menggantikan perenggan (p) dengan perenggan yang berikut: “(p) prescribing for the calculation of overtime for piece rated employees and matters relating to working at night under subsection (10) of section 105;”; dan (vii) dengan memasukkan selepas perenggan (p) perenggan yang berikut: “(q) prescribing the procedure to inquire into complaints of sexual harassment under Chapter IIIa; (r) prescribing matters relating to entitlement of allowance during shift work; and (s) prescribing anything which may be prescribed under this Ordinance.”; (c) dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: “(2a) For the purposes of Part IVa, the Minister after consultation with the State Authority, may makes rules— (a) prescribing 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 supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings; Ordinan Buruh Sarawak (Pindaan) 83 (b) prescribing the minimum requirements for various classes of buildings to be used for the accommodation and centralized accommodation of employees and the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings; (c) prescribing any class, category or description of employees that is required to be provided with accommodation under Chapter XVd; (d) prescribing the maximum rental or charges for accommodation that may be collected under Chapter XVd; (e) prescribing 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 122g; (f) after consultation with the Minister of Health, prescribing— (i) in respect of 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) in respect of water supply, the manner in which water is to be filtered and treated; (g) prescribing the procedure for the submission and approval of plans of buildings and their sites; 84 Undang-Undang Malaysia AktA A1754 (h) prescribing the form of any register, summons or order required to be kept, issued or made under Part IVa; and (i) prescribing anything which may be prescribed under Part IVa.”; dan (d) dengan memotong subseksyen (3). Seksyen baharu 130p 72. Ordinan dipinda dengan memasukkan selepas seksyen 130o seksyen yang berikut: “Amendment. 130p. Any amendment to this Ordinance shall only be made after consultation with the State Authority.”. Penggantian Jadual 73. Ordinan dipinda dengan menggantikan Jadual dengan jadual yang berikut: “first schedule [Subsection (1) of section 2] (1) (2) Employee Provision of the Ordinance Not Applicable 1. Any person who has entered into a contract of service 2. Notwithstanding paragraph 1, the Definitions of “normal hours of person whose wages exceeds four work” and “overtime” in section 2, thousand ringgit a month and subsections (6), (7), (8), (9) and (10) of section 104, and subsection (6) of section 105, and subsections (2), (3), (4) and (5) of section 105c, and section 105f, and paragraph (r) of subsection (2) of section 130o Ordinan Buruh Sarawak (Pindaan) 85 (1) (2) Employee Provision of the Ordinance Not Applicable 3. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which— (a) he is engaged in manual labour including such labour as an artisan or apprentice: Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity, such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period (b) he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes (c) he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work 86 Undang-Undang Malaysia AktA A1754 (1) (2) Employee Provision of the Ordinance Not Applicable (d) he is engaged in any capacity Definitions of “approved incentive in any vessel registered in payment scheme”, “hourly rate of Malaysia and who— pay”, “normal hours of work”, “ordinary rate of pay” and “overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 104, 105, 105a, 105b, 105c, 105d, 105e and 105ea, and subsection (2) of section 106 (i) is not an officer certificated under the Merchant Shipping Acts of the United Kingdom as amended from time to time (ii) is not the holder of a local certificate as defined in Part VII of the Merchant Shipping Ordinance 1952 [Ordinance 70/1952] (iii) has not entered into an agreement under Part III of the Merchant Shipping Ordinance 1952 (e) he is engaged as a domestic Definitions of “approved incentive employee payment scheme”, “hourly rate of pay”, “normal hours of work”, “ordinary rate of pay” and “overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 11 and 12, and subsections (1) and (2) of section 14, and sections 58 and 59, and Chapter XIb, and sections 103, 104, 105, 105a, 105c, 105d, 105e, 105ea and 105f, and subsection (2) of section 106, and sections 119a, 119c, 119d and 119e, and Part IVa Ordinan Buruh Sarawak (Pindaan) 87 (1) (2) Employee Provision of the Ordinance Not Applicable 4. For the purposes of this First Schedule, “wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment”. Jadual baharu Kedua dan Ketiga 74. Ordinan dipinda dengan memasukkan selepas Jadual Pertama jadual yang berikut: “second schedule [Subsection (6) of section 73] Employment in which children or young persons shall not be required, permitted to be or engaged in— 1. All kind of employment that make use of, procure, or offer children or young persons for prostitution. 2. All kind of employment as social escorts or guest relation and any other related activities. 3. All kind of employment that require children or young persons to involve in the production or trade of alcoholic beverages. 4. All kind of employment related to gambling and lotteries activities. 5. All kind of employment that require children or young persons to work in any activities related to massage services or reflexology services. 6. All kind of employment that make use of, procure, or offer children or young persons for any kind of job related to pornography. 7. All kind of employment that make use of, procure, or involve children or young persons for the production and trade of drugs, narcotics, psychotropic substances and other addictive substances which are prohibited under any written law in operation. 8. All kind of activity that make use of, procure or involve children or young persons to conduct begging for gain. 88 Undang-Undang Malaysia AktA A1754 third schedule [Subsection (7) of section 73] LIST OF HAZARDOUS WORK A. WORK RELATED TO MACHINES, INSTALLATIONS AND OTHER EQUIPMENT 1. Machinery— (a) Any machine tools or production machine which can pose high risk such as drilling machines, grinding machines, cutting machines, lathes machines, scraping machines, power press machine, knitting machines, weaving machines, packaging machines and bottling machines; (b) Steam boiler or internal combustion engine such as diesel engines, turbines and engines for generating electricity; (c) Hoisting and loading machine such as lift, hoist, crane, escalators, conveyor belts, gondolas and forklift; (d) High pressure vessels. 2. Heavy-duty machine such as tractors, rock breakers, graders, asphalt mixers, piling machine and agriculture machinery. 3. Installations such as pressure pipe, electricity, firefighting system and electricity transmission lines. B. WORK CONDUCTED IN A HAZARDOUS ENVIRONMENT 1. Work that is exposed to physical hazards— (a) Underground work, underwater or in a confined space such as a well or a tunnel; (b) Working at height which can lead to serious bodily injury; (c) Working environment which involves electricity at high voltage power line; (d) Working in a caisson with limited ventilation; (e) Work that uses electric welding machines or gas welding machines; (f) Work in an environment with extreme temperature and moisture or high-speed wind; Ordinan Buruh Sarawak (Pindaan) 89 (g) Work in an environment with noise or vibration where intensity exceeds the permissible exposure limits; (h) Work to handle, store, use and transport radioactive substances; (i) Work that produces ionizing radiation or work in an environment with ionizing radiation; (j) Work in a dusty environment that is detrimental to health; (k) Work which may lead to electrocution, fire or explosion; (l) Manual handling works which may pose high risk such as lifting, lowering, pushing, pulling, carrying or moving a load. 2. Work that is exposed to chemical hazards— (a) Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of hazardous chemical as defined in the Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 [P.U. (A) 310/2013]; (b) Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of pesticides and scheduled waste as defined in the Pesticides Act 1974 [Act 149] and the Environmental Quality (Scheduled Wastes) Regulations 2005 [P.U. (A) 294/2005]. 3. Work that is exposed to biological hazards— Work in an environment that relates to germs, bacteria, viruses, fungi, parasites and other biological agents such as works in clinical laboratories, slaughter house, meat processing place and silo or storage for storing crops. C. WORK INVOLVING CERTAIN HAZARDOUS CONDITION AND OF HAZARDOUS NATURE 1. Construction work including construction of building, bridges, roads or irrigation project. 2. Work in timber industry such as cutting, transporting and unloading trees. 3. Work offshore such as working on a petroleum platform. 4. Work above or near water where the risk of drowning exists such as lifeguard, fishing activities and work in water treatment plan.”. 90 Undang-Undang Malaysia AktA A1754 Kecualian dan peralihan 75. (1) Apa-apa aduan, penyiasatan, siasatan, perbicaraan, pendakwaan, prosiding atau rayuan yang telah dibuat, diambil atau dimulakan di bawah Ordinan sebaik sebelum tarikh permulaan kuat kuasa Akta ini, hendaklah diuruskan, diteruskan dan diselesaikan di bawah dan mengikut peruntukan Ordinan seolah-olah Ordinan tidak dipinda oleh Akta ini. (2) Apa-apa kelulusan atau kebenaran yang diberikan di bawah Ordinan sebelum tarikh permulaan kuat kuasa Akta ini hendaklah terus sah sehingga habis tempoh kelulusan atau kebenaran itu seolah-olah Ordinan tidak dipinda oleh Akta ini. (3) Apa-apa permohonan bagi kelulusan atau kebenaran Pengarah yang belum selesai sebelum tarikh permulaan kuat kuasa Akta ini hendaklah, pada tarikh permulaan kuat kuasa Akta ini, diuruskan oleh Pengarah di bawah peruntukan Ordinan sebagaimana yang dipinda oleh Akta ini. (4) Apa-apa perintah, notis, saman, borang atau arahan yang dibuat, dikeluarkan atau diberikan di bawah Ordinan sebelum tarikh permulaan kuat kuasa Akta ini hendaklah, setakat yang ia selaras dengan Akta ini, terus sah dan disifatkan telah dibuat, dikeluarkan atau diberikan di bawah peruntukan Ordinan sebagaimana yang dipinda oleh Akta ini.