Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698747287314.pdf (Malaysia)
1 D.R.

21/2004 RANG UNDANG-UNDANG b e r n am a Suatu Akta untuk meminda Ordinan Buruh Sabah.

DIPERBUAT oleh Parlimen Malaysia seperti yang berikut: Tajuk ringkas dan permulaan kuat kuasa 1.

( 1 ) Akta ini bolehlah dinamakan Akta Ordinan Buruh Sabah (Pindaan) 2004.

(2) Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta.

Pindaan am 2.
Ordinan Buruh Sabah [Sabah Bab 67], yang disebut "Ordinan" dalam Akta ini, dipinda— (a) dengan menggantikan perkataan "a worker" di mana- mana jua terdapat dengan perkataan "an employee"; (b) dengan menggantikan perkataan "the worker" di mana- mana jua terdapat dengan perkataan "the employee"; 2 Rang Undang-Undang 2 (c) dengan menggantikan perkataan "worker's" di mana-mana jua terdapat dengan perkataan "employee's"; (d) dengan menggantikan perkataan "workers" di mana-mana jua terdapat dengan perkataan "employees"; (e) dengan menggantikan perkataan "workers'" di mana-mana jua terdapat dengan perkataan "employees'"; (f) dengan menggantikan di mana-mana service"; dan jua perkataan contract" "agreement terdapat dengan perkataan "contract of or (g) dengan menggantikan di mana-mana service", jua perkataan contracts" terdapat dengan perkataan "contract of "agreements and kecuali jika Akta ini membuat pindaan tertentu berhubung dengan perkataan itu.
Pindaan seksyen 2 3.

Ordinan dipinda dengan menggantikan seksyen 2 dengan seksyen yang berikut: “Interpretation 2.
(1) In this Ordinance, unless the context otherwise requires— "adopted", in reference to any child, means— (a) a child adopted, or whose adoption has been registered the provisions of any written law relating to the adoption of children from time to time in force in Sabah; or in accordance with (b) where there is no such written law, a child whom the Director has certified as having been adopted in accordance with religion, custom or usage; "agricultural undertaking" means any work in which any employee is employed under a contract of service for the purposes of agriculture, aquaculture, horticulture, silviculture or landscaping, fisheries, livestock husbandry, the rearing, hunting or capturing of wild animals, birds, insects, reptiles, amphibians or worms or the collection of the produce of plants or trees; 3 Ordinan Buruh Sabah (Pindaan) 3 "apprenticeship contract" means a written contract entered into by a person with an employer who undertakes to employ the person and train or have him trained systematically for a trade for a specified period which shall not be less than two years in the course of which the apprentice is bound to work in the employer's service; "approved amenity or approved service" means any amenity or service— (a) approved by the Director under subsection (2) of section 116 on application made to him by an employer for its inclusion in a contract of service; or (b) provided for in any award made by the Industrial Court or in any collective agreement; "approved incentive payment scheme" means an incentive payment scheme approved by the Director upon an application made to him in writing by an employer under and for the purposes of the interpretation of ordinary rate of pay under this section; "child" means a person under the age of fifteen years; "collective agreement" has the same meaning assigned Act 177. thereto as in the Industrial Relations Act 1967; "confinement" means parturition resulting after at least twenty- eight weeks of pregnancy in the issue of a child or children, whether
 alive or dead, and shall for the purposes of this Ordinance commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word "confined" shall be construed accordingly; the work" includes "constructional construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, dredge, wireless, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work 4 Rang Undang-Undang of construction, as well as preparation for, or the laying of, the foundations of any such work or structure, and also any earthworks both in excavation and in filling; "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 other agrees to serve his employer as an employee and includes an apprenticeship contract; "contractor" means any person who contracts with a principal to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal's trade or business; "day" means— (a) a continuous period of twenty-four hours beginning at midnight; or (b) for the purposes of Chapter XIV in respect of an employee engaged in work where the normal hours of work extend beyond midnight, a continuous period of twenty-four hours beginning at any point of time; in shift work or "dependant" means — (a) the husband; (b) the wife or wives; (c) a child, step-child or adopted child, who is unmarried and under the age of eighteen years; (d) natural or legally adoptive parents, of an employee; "Director" means the Director of Labour appointed by virtue of subsection (1) of section 3; "domestic servant" means a person employed in connection with the work of a
 private dwelling-house and not in connection with any trade, business, or profession carried on by the employer in such dwelling-house and 5 Ordinan Buruh Sabah (Pindaan) 5 includes a cook, house-servant, butler, child's nurse, valet, footman, gardener, washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use; "employee" means any person or class ef persons— (a) included extent specified therein; or in any category in the Schedule to the (b) in respect of whom under subsection (7) of section 2A; the Minister makes an order "employer" means any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager or factor of such first-mentioned person, and the word "employ", with its grammatical variations and cognate expressions, shall be construed accordingly; "entertainment" includes any exhibition or performance; "family" means the husband or the wife or wives of an employee, and his children, step-children and adopted children who are unmarried and under the age of eighteen years; "forestry undertaking" means— (a) any work or occupation transportation, processing, of timber or the manufacture of timber products; involved storage in and the logging, utilization (b) any work or activity relating to the taking of forest produce; or (c) any work or occupation involved in forest plantation, reafforestation, silviculture and horticulture; "guardian", in relation to a child or young person, includes any person who, in the opinion of the Court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person; 6 6 Rang Undang-Undang "hourly rate of pay" means the ordinary rate of pay divided by the normal hours of work; "Industrial Court" has the same meaning assigned thereto in the Industrial Relations Act 1967; "industrial undertaking" means —
 (a) mines, quarries and other works for the extraction (b) cleaned, repaired, ornamented, of minerals from the earth; v in which articles are manufactured, industries altered, finished, published or printed or bound, adapted for sale, broken up or demolished, packed or otherwise in which materials are prepared for delivery or i n c l u d i n g t r a n s f o r me d , shipbuilding, transformation and transmission of electricity and motive power of any kind; o r mi n e r a l s the generation, t r e a t e d and (c) constructional work; (d) transport of passengers or goods by road, rail, the handling of goods at water or air docks, bulking installations, airports or airstrips; quays, wharves, warehouses, including (e) any industry, establishment or undertaking, or any the Minister other activity, service or work, which may by order declare to be an industrial undertaking; "medical officer" means a registered medical practitioner who is employed in a medical capacity by the Federal Government or the Government of a State; "Minister" means the Minister responsible for labour matters; "non-resident employee" means any person who does not belong to Sabah as provided for in section 71 of the Act 155.
Immigration Act 1959/1963; "normal hours of work" means the number of hours of work, not exceeding the limit prescribed in subsection 7 Ordinan Buruh Sabah (Pindaan) 7 (1) of section 104, as agreed between an employer and an employee in the contract of service to be the usual hours of work per day; "ordinary rate of pay" means wages whether calculated by the month, the week, the day, the hour, or by piece rate, or otherwise, which an employee is entitled to receive under the terms of his contract of service for the normal hours of work for one day, but does not include any payment made under an approved incentive payment scheme or any payment for work done on a rest day or on any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday; "overtime" means the number of hours of work carried out in excess of the normal hours of work per day, and includes, 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; "part-time employee" means a person included in the Schedule whose average hours of work as agreed between him and his employer do not exceed seventy per centum of the normal hours of work of a full-time employee employed in a similar capacity in the same enterprise whether the normal hours of work are calculated with reference to a day, a week, or any other period as may be specified by rules under Chapter XVIB; "place of employment" means any place where work is carried on for an employer by an employee; "principal" means any person who in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by that person; "recruit" means to procure, engage, hire or supply or undertake to procure, engage, hire or supply employees for the purpose of being employed by the recruiter
 or by a n y o t h e r p e r s o n , w h e r e s u c h e mp l o y e e d o e s n o t 8 8 Rang Undang-Undang spontaneously offer his services at the place of employment or at a public employment office or at an office conducted by an employers' organisation and supervised by the Government; "registered medical practitioner" means a medical Act 50. practitioner registered under the Medical Act 1971; "repatriation" means, in the case of.
a non-resident employee, the return of an employee to his country or State of origin, and in the case of a resident employee recruited from Sabah, to a place he specifies time of commencement of the employment to be his home town, and "repatriated" shall be construed accordingly; to his employer at "shift work" means work which by reason of its nature requires to be carried on continuously or continually, as the case may be, by two or more shifts; "ship" includes any vessel of any nature, engaged in maritime navigation whether publicly or privately owned, but does not include a ship of war; "subcontractor" means any person who contracts with a contractor for the execution by or under that person of the whole or any part of any work undertaken by the contractor for his principal, and includes any person who contracts with a subcontractor to carry out the whole or any part of any work undertaken by the subcontractor for a contractor; "subcontractor for labour" means any person who contracts with a 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; "underground work" means any undertaking in which operations are conducted for the purpose of extracting any substance from below the surface of the earth, the 9 Ordinan Buruh Sabah (Pindaan) 9 ingress to and egress from which is by means of shafts, adits or natural caves; "wage period" means the period in respect of which wages earned by an employee are payable; "wages" means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include— (a) the supply the value of any house accommodation or of any food, fuel, light or water or medical attendance, or of any approved amenity or approved service; (b) any contribution paid by to any pension account superannuation lay-off or any other fund or scheme established for or welfare
 of the employee; the employer on his own fund, termination, thrift scheme, or the benefit retirement scheme, fund, provident retrenchment, scheme, (c) any travelling allowance or the value of any travelling concession; (d) any sum payable to expenses entailed on him by employment; the employee to defray special the nature of his (e) any gratuity payable on discharge or retirement; or (f) any annual bonus or any part of any annual bonus; "week" means a continuous period of seven days; "woman" means a female of the age of eighteen years or above; "young person" means a person who has ceased to be a child but has not attained the age of eighteen years.
(2) For the purposes of Chapter XI, a person is deemed to be taking part in an entertainment when such person is employed in or connected with such entertainment whether as a performer, stagehand or musician.
10 Rang Undang-Undang (3) Where an employee is employed on— 10 (a) a monthly rate of pay, the ordinary rate of pay per the following day shall be calculated according formula: to monthly rate of pay 26 (b) a weekly rate of pay, the ordinary rate of pay per the following day shall be calculated according formula: to weekly rate of pay : 6 (c) a daily rate of pay or on piece rates, the ordinary rate of pay shall be calculated by dividing the total wages earned by the preceding wage period such employee during (excluding any payment made under an approved incentive payment scheme or for work done on any rest day, any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday) by the actual number of days the employee had worked during that wage period (excluding any rest day, any gazetted public holiday or any paid holiday substituted for the gazetted public holiday).
the calculation of (4) For the purposes of payment of sick leave under the ordinary rate of pay section 104E, of an employee employed on a daily rate of pay or on piece rate under paragraph (c) of subsection (3) shall the employee receives the basic pay take account only of or the rate per piece he is paid for work done in a day under the contract of service.
(5) An employer may adopt any method or formula in subsection (3) for other the method or formula calculating the ordinary rate of pay of an employee; but than 11 Ordinan Buruh Sabah (Pindaan) 11 the adoption of any other method or formula shall not result in a rate which is less than any of the rates calculated using the method or formula in that subsection.

(6) The Minister may by order amend the Schedule.
(7) The Minister may by order declare such provisions of this Ordinance and any other written law as may be specified in the order to be applicable to any person or class of persons employed, engaged or contracted with in any agricultural, in any occupation to carry out work constructional work, forestry trade, business or place of work, and upon the coming into force of any such order— undertaking, industrial or (a) any person or class of persons specified the to be an employee or in order shall be deemed employees; (b) (c) (d) (e) the person employing, engaging or contracting with every such person or class of persons shall be deemed to be an employer; the employee shall be deemed the employer and to have entered into a contract of service with one another; the place where such employee carries on work for his employer shall be deemed to be a place of employment; and remuneration of such employee shall be deemed the to be wages, for the purposes of such specified provisions of this Ordinance and any other written law.
(8) The Minister may make rules terms and conditions upon which persons specified pursuant employed.
in respect of the the person or class of (7) may be to subsection (9) Notwithstanding the provisions of this Ordinance, the Minister may make rules — (a) in respect of the terms and conditions of service of a part- time employee; and 12 12 Rang Undang-Undang (b) prescribing the manner in which the hours of work of an employee are to be computed for the purposes of determining whether that employee falls within the definition of a "part-time employee".
(10) The Minister may, from time to time, by notification published in the Gazette, declare any particular industry, establishment or undertaking, or any class, category or description of industries, establishments or undertakings or any particular activity, service or work, or any class, category or description of activities, services or works, to be an industrial undertaking for the purposes of this Ordinance.".

Seksyen baru 2A dan 2B 4.


Ordinan dipinda dengan memasukkan selepas seksyen 2 seksyen yang berikut: “Minister may prohibit employment other than under contract of service.

2 A.
2 A.

(1) The Minister may by order prohibit the employment, engagement or contracting of any person or class of persons to carry out work in any occupation in any agricultural, forestry or industrial undertaking, of constructional work, trade, business or place of work other than under a contract of service entered into with the principal or owner of that agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work.
(2) Upon the coming into force of any such order, the person or class of persons employed, engaged, or contracted with to carry out the work shall be deemed to be an the employee or employees and agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work, shall be deemed to be the employer for the purposes of this Ordinance and any other written such provisions of law as may be specified in the order.
the principal or owner of subsection (3) Notwithstanding the Minister may the employment of any person or class by order approve of persons by such other person or class of persons (not being the principal or owner) as he may specify but subject to such conditions as he may deem fit to impose.

(1), 13 Ordinan Buruh Sabah (Pindaan) 13 (4) Any person who contravenes any order made under this section commits an offence.

General power to exempt or exclude 2B.


The Minister may by order exempt or exclude, subject to such conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this Ordinance."

Pindaan seksyen 3 5.

Seksyen 3 Ordinan dipinda— (a) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: '(1) The Minister may appoint an officer to be styled the Director of Labour, hereinafter referred to as the "Director".
'; (b) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: "(1A) The Minister may appoint, to such number as he considers necessary for carrying out the provisions of this Ordinance, officers of the following categories that is to say: (a) Deputy Directors of Labour; (b) Senior Assistant Directors of Labour; (c) Assistant Directors of Labour; and (d) Labour Officers and such other officers.
(1B) Subject to such limitations, if any, as may be prescribed by rules made under this Ordinance, any officer appointed under subsection (1A) shall perform all the duties imposed and may exercise all the powers conferred upon the Director by this Ordinance, and every duty so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Ordinance.
"; dan 14 14 Rang Undang-Undang (c) dengan menggantikan subseksyen (2) dengan subseksyen yang berikut: "(2) Any person affected by any decision or order, other than an order under Chapter IIA, given or made by an officer appointed under subsection (1A) may, if he is dissatisfied with such decision or order, within fourteen days of such decision or order being communicated to him, appeal in writing therefrom to the Director.".

Seksyen baru 3A 6.
Seksyen baru 3A 6.

Ordinan dipinda dengan memasukkan selepas seksyen 3 seksyen yang berikut: “Officers to be authorize d by Director 3A.
An officer appointed under subsection (1A) of section 3 shall not exercise any of the powers of the Director under this Ordinance unless he is in possession of an official identification signed by the Director authorizing him to exercise such powers, and any officer so authorized shall produce his official identification on demand to the owner or occupier of the place of employment and to the employer of any employees employed thereat."

Pindaan seksyen 4 7.
Seksyen 4 Ordinan dipinda— (a) dalam nota birai, dengan menggantikan perkataan of inspections" perkataan "Powers dengan "Government inspection and inquiry"; (b) dengan menggantikan subseksyen yang berikut: subseksyen (1) dan (2) dengan "(1) The Director shall have power to enter without prior notice at all times any place of employment where employees are employed or where he has reasonable grounds for believing that employees are employed and to inspect any building occupied or used for any purpose connected with such employment and to make any inquiry which he considers necessary in relation to any matter within the provisions of this Ordinance.
15 Ordinan Buruh Sabah (Pindaan) 15 (2) In the course of an inspection under subsection (1)— (a) (b) to the Director may put questions concerning the to any person the employer or employees who may be in charge of them, or to the employees themselves or any other person whom he believes the facts and circumstances to be acquainted with this of any matter within Ordinance; the provisions of the employer or such person, or any such employee, or any such other person shall be legally bound to the best of his ability; to answer such questions truly reduced (c) a statement made by a person under this section shall, whenever possible, be into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish; and (d) any statement made and recorded under section shall be admissible as evidence proceedings in Court.
"; this in any (c) dalam subseksyen (3)— (i) dengan memotong perkataan "or Health Officer"; dan (ii) dengan memotong perkataan "or Health Officer, as the case may be,"; dan (d) dalam subseksyen (4), dengan memotong perkataan "or Health Officer".

Pindaan seksyen 5 8.
Seksyen 5 Ordinan dipinda — (a) dengan menomborkan semula peruntukan yang sedia ada sebagai subseksyen (1) seksyen itu; 16 Rang Undang-Undang (b) dalam subseksyen (1)— 16 (i) dengan memotong perkataan "or Health Officer"; (ii) dengan menggantikan perenggan (a) dengan perenggan yang berikut: "(a) require the employer to produce before him all or any of the employees employed by him together with any contracts of service, books of account of wages, Registers and other documents relating to the employees or their employment and to answer such questions in respect of the employees or their employment as he may think fit to ask;"; (iii) dalam perenggan (b), dengan menggantikan noktah di hujung perenggan itu dengan koma bernoktah; (iv) dengan memasukkan selepas perenggan (b) perenggan yang berikut: "(c) copy or make extracts from the contracts of service, books of account of wages, registers and other their documents employment; the employees or relating to (d) take possession of the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment where, in his opinion— (i) the inspection, copying or the making of extracts from the contracts of service, books of account of wages, registers or other documents cannot reasonably be undertaken without taking possession of them; (ii) the contracts of service, books of account of wages, registers or other documents may be interfered with or destroyed unless he takes possession of them; or 17 Ordinan Buruh Sabah (Pindaan) 17 (iii) the contracts of service, books of account of wages, registers or other documents may be needed as evidence in any legal proceedings under this Ordinance.
"; dan (c) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: "(2) Notwithstanding paragraph (a) of subsection (1), no employee shall be required to leave or to cease from performing any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried on by his employer."

Pindaan seksyen 6 9.
Seksyen 6 Ordinan dipinda— (a) dalam subseksyen (1)— (i) dengan memasukkan selepas perkataan "under this Ordinance" perkataan "or any rule made hereunder"; (ii) dengan memasukkan selepas perkataan "has been committed or" perkataan "is about to be committed or"; (iii) dengan menggantikan perkataan "disputes as to wages, wrongful termination of agreement or contract, misconduct, food, medical attendance, death, mining usage and mining complaint, Federal or State Government inspection, sanitation" dengan perkataan "terms and conditions of employment"; dan (iv) dengan memasukkan selepas perkataan "under the provisions rules made this Ordinance" perkataan "or any of hereunder"; (b) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: "(1A) The Director may issue to the employer such order as may be necessary or expedient to resolve the matters dealt with under subsection (1)."
18 Rang Undang-Undang 18 (c) dalam subseksyen perkataan "proceedings criminal or civil for and in the name of the worker" dengan perkataan "criminal proceedings"; dan dengan menggantikan (2), (d) dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: "(3) A summons issued under this section shall be in such forms as may be prescribed."

Pemotongan seksyen 7 10.

Ordinan dipinda dengan memotong seksyen 7.

Bab baru IIA 11.
Bab baru IIA 11.

Ordinan dipinda dengan memasukkan selepas Bab berikut: II Bab yang "CHAPTER IIA Complaints and inquiries Direntor’s power to inquire into complaints 7A.

(1) The Director may inquire into and decide any dispute between an employee and his employer in respect complaints.
of wages or any other payment in cash due to such employee under— (a) any term of the contract of service between such employee and his employer; (b) any of the provisions of this Ordinance or any subsidiary legislation made thereunder; or Act 195.
(c) the provisions of the Wages Councils Act 1947 or any order made thereunder, and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount of such sum of money.
19 Ordinan Buruh Sabah (Pindaan) 19 (2) The powers of the power include the procedure the Director under subsection to hear and decide, (1) in accordance this Chapter, any claim laid down in shall with b y - (a) an employee against any person liable under section 116c; (b) a subcontractor for labour against a contractor or the subcontractor for any sum of money which subcontractor for to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or labour claims to be due (c) an employer against his employee respect s u c h e m p l o y e r u n d e r in i n d e m n i t y d u e o f subsection (1) of section 12; t o and to make such consequential orders as may be necessary to give effect to his decision.
to (3) In addition the powers conferred by subsections (1) and (2), the Director may inquire into and confirm or set to dismiss without aside any decision made by an employer notice, or downgrade or lesser punishment made by an employer under subsection (1) of section 13 and the Director may make such consequential orders as may be necessary to give effect to his decision: impose any other Provided that if the decision of the employer under paragraph (a) of subsection (1) of section 13 is set aside, the consequential order made by the Director against such employer shall be confined to payment of indemnity in lieu of notice and other payments that the employee is entitled to as if no misconduct was committed by the employee: Provided further that the Director shall not set aside any decision made by an employer when any other lesser p u n is h me n t is imp o s e d b y a n e mp lo ye r u n d e r paragraph (c) of subsection (1) of section 13 if such decision has not resulted in any loss in wages or other payments payable to the employee under his contract of service: 20 Rang Undang-Undang 20 And provided further that the Director, shall not exercise the power conferred by this subsection unless the employee has made a complaint to him under the provisions of this Chapter within sixty days from the date on which the decision under section 13 is communicated to him either orally or in writing by his employer.
(4) An order made by the Director for the payment of money under this section shall carry interest at the rate of eight per centum per annum, or at such"other rate not exceeding eight per centum per annum as the Director may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the order until the day the order is satisfied: Provided that the Director, on an application by an employer made within thirty days from the date of the making of the order, if he is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.
Limitation on power conferred by section 7A 7B.
Notwithstanding section 7A, the Director shall not inquire into, hear, decide or make any order in respect by section of any order in respect of any claim, dispute or purported dispute which, in accordance with the Industrial Relations Act 1967 — (a) is pending that Act; in any inquiry or proceedings under (b) has been decided upon by the Minister under subsection (3) of section 20 of that Act; or (c) has been referred to, or is pending in any proceedings before, the Industrial Court.
Additional powers of Director into complaints 7c.

(1) Notwithstanding the provisions of this Ordinance, the powers of the Director under paragraph (a) of subsection (1) of section 7A shall extend to employees whose wages per month exceed two thousand five hundred ringgit but does not exceed five thousand ringgit.

(2) For the purposes of this section, the term "wages" means wages as defined in section 2 but does not include any payment by way of commission, subsistence allowance or overtime payment.
21 Ordinan Buruh Sabah (Pindaan) 21 (3) Save for this Chapter and Chapter XVI which shall apply with the necessary modifications, the other provisions of this Ordinance shall not apply to the employees referred to in subsection (1).

7D.
7D.

(1) In the exercise of his powers under subsection (1) of section 7c, the Director may inquire into and decide any claim concerning any indemnity due to the employer or the employee where the contract of service is terminated by either party without notice, or if notice was given, without waiting for the expiry of that notice.
(2) The indemnity due to the employer or employee under subsection (1) shall be a sum equal to the amount of wages which would have accrued to the employee during the term of the notice or during the unexpired term of the notice.

Claims for indemnity for termination of contract without notice.

Order of Director may be in writing.

7E.


Notwithstanding subsection (1) of section 7A, an order of the Director made under subsection (1) of section 7c or subsection (1) of section 7D for the payment by or to the employer or employee of a sum of money as the Director deems just, without any limitation of amount, may be made in writing.

Procedure in Director's inquiry.

7F.
The procedure for disposing of questions arising under sections 7A, 7C and 7D shall be as follows: (a) (b) (c) the person complaining shall present the Director the a written statement of his complaint and of remedy which he seeks or he shall in person make a statement the Director of his complaint and to of the remedy which he seeks; to the Director shall as soon as practicable examine and shall record statement in his case book; thereafter the complainant on oath or affirmation the complainant's the substance of to inquiry as he deems the Director may make such necessary the complaint satisfy himself discloses matters which in his opinion ought to be inquired the prescribed into and may summon form the person complained against, or if it appears that in 22 Rang Undang-Undang 22 to him without any inquiry that the complaint discloses matters which ought to be inquired into he may forthwith summon the person complained against: Provided that if the person complained against attends in person before the Director it shall not be necessary to serve a summons upon him; (d) when issuing a summons the complaint made against him and the complainant and shall to a person complained the Director shall give such person notice against, the name of of the date, time and place at which he is required to attend and shall that he may bring with him any witnesses he may wish to call on his behalf and that he may apply to the Director for summonses to appear as witnesses on his behalf; to such persons inform him of inform him (e) when inform the Director the complainant issues a summons the date, instruct time and place mentioned to a person complained against he shall the complainant of therein and to bring with him shall any witnesses he may wish to call on his behalf and may on the complainant and subject to any condition as he may deem fit to impose, to appear on behalf of the complainant; such witnesses the request of summonses issue to that to believe (f) when at any time before or during an inquiry the there are any
 Director has reason persons whose financial to be affected by such decision as he may give on inquiry or whom he has reason completion of to believe have knowledge of issue in or can give any evidence relevant thereto he may summon any or all of such persons; interests are the matters likely the (g) the Director shall, at the time and place appointed, those persons examine on oath or affirmation summoned or otherwise present whose evidence he deems material to the matters in issue and shall then give his decision on the matters in issue; 23 Ordinan Buruh Sabah (Pindaan) 23 (h) if the person complained against or any person whose financial interests the Director has reason to believe are likely to be affected and who has been duly summoned to attend at the time and place appointed in the summons fails so to attend the Director may hear and decide the complaint in the absence of such person notwithstanding that the interests of such person may be prejudicially affected by his decision; (i) in order to enable a court to enforce the decision of the Director, the Director shall embody his decision in an order in such form as may be prescribed.
Director's record of inquiry.

7G.
7G.

The Director shall keep a case book in which he shall record the evidence of persons summoned or otherwise present and his decision and order in each matter in issue before him and shall authenticate the same by attaching his signature thereto and the record in such case book shall be sufficient evidence of the giving of any decision; and any person interested in such decision or order shall be entitled to a copy thereof free of charge and to a copy of the record upon payment of the prescribed fee.
Joinder of several complaints in one complaint.

7H.
Where it appears to the Director in any proceedings under this Chapter that there are more employees than one having a common cause for complaint against the same employer or person liable, it shall not be necessary for each employee to make a separate complaint under this Chapter, but the Director may, if he thinks fit, permit one or more of them to make a complaint and to attend and act on behalf of and generally to represent the others, and the Director may proceed to a decision on the joint complaint or complaints of each and all such employees: Provided that, where the Director is of the opinion that the interests of the employer or person liable are likely to be prejudiced by the non-attendance of any employee, he shall require the personal attendance of such employee.
7i.

(1) Whenever the Director shall have made an order under section 7A, 7C or 7D, against any employer or any person liable for the payment of any sum of money to any employee or subcontractor for labour and the Director Prohibitory order by Director to third party.
24 Rang Undang-Undang 24 has reason to believe that there exists between such employer or person liable and any other person a contract, not necessarily a contract as defined in section 2, in the course of the performance of which the employee or subcontractor performed the work in respect of which the order was made, the Director may summon such other person and, if after enquiry he is satisfied that such a contract exists, may make an order in the prescribed form prohibiting him from paying to the employer or person liable and requiring him to pay to the Director any money (not exceeding the amount found due to such employee or subcontractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract: Provided that where such other person admits to the Director in writing that money is owing by him under such contract to the employer or person liable he need not be summoned to attend before the Director and the Director may make such order in his absence: Provided further that where such other person is liable as a principal under subsection (1) of section 116c to pay any wages due by the employer or person liable and where the money admitted by him to be owing to the employer or person liable is not sufficient to pay the whole of such wages nothing in this subsection shall relieve him of his liability for the balance of such wages up to the amount for which he is liable under proviso (b) of subsection (1) of section 116c.
(2) The payment of any money in pursuance of an order under subsection (1) shall be a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.

No fees for summons; service of summons.

7j.

(1) No fee shall be charged by the Director in respect of any summons issued by him under this Chapter.
(2) Any such summons may be served by a Sessions Court or a Magistrates' Court on behalf of the Director or in such other manner, and by such person, as the Director may deem fit.

Enforcement of Director’s order by Session Court 25 Ordinan Buruh Sabah (Pindaan) 25 7K.
Where any order has been made by the Director under this Chapter, and the same has not been complied with by the person to whom it is addressed, the Director may send a certified copy thereof to the Registrar of a Sessions Court, or to the Court of a First Class Magistrate, having jurisdiction in the place to which the order relates or in the place where the order was made, and the Registrar or Court, as the case may be, shall cause the copy to be recorded and thereupon the order shall for all purposes be enforceable as a judgment of the Sessions Court or of the Court of the First Class Magistrate, as the case may be, notwithstanding that the same may in respect of amount or value be in excess of the ordinary jurisdiction of the said Court: Provided that no sale of immovable property shall for the purposes of such enforcement be ordered except by the High Court.
Submission by Director High to on Court point of law.

7L.

(1) In any proceedings under this Chapter the Director may, if he thinks fit, submit any question of law for the decision of a Judge of the High Court and if he does so he shall decide the proceedings in conformity with such decision.

(2) An appeal shall lie to the Court of Appeal from any decision of a Judge under subsection (1).

7M.
7M.

(1) If any person whose financial interests are affected is dissatisfied with the decision or order of the Director under section 7A, 7C, 7D or 7i, such person may appeal to the High Court.

(2) Subject to any rules made under section 4 of the Subordinate Courts Rules Act 1955, the procedure in an appeal to the High Court shall be the procedure in a civil appeal from a Sessions Court with such modifications as the circumstances may require.

7N.
7N.

(1) If any employee complains to a Magistrate that he has reasonable grounds for believing that his employer, in order to evade payment of his wages, is about to Appeal against Director's order to High Court.

Act 55 Employee's remedy when employer about to abscond.
26 26 Rang Undang-Undang abscond, the Magistrate may summon such employer and direct him to show cause why he should not be required to give security by bond to remain in the State until such wages are paid; and if, after hearing the evidence of such employer, the Magistrate decides that such bond shall be given the Magistrate may order such employer to give security by bond in such sum as to the Magistrate seems reasonable, that he will not leave the State until the Magistrate is satisfied that all the just claims of such employee against him for wages have been paid or settled.
(2) If the employer fails to comply with the terms of such order to give security, he shall be detained in prison until arrangements have been made the satisfaction of the Magistrate for settling the claims of such employee: to Provided that— security being (a) such employer shall be released at any time by the committing Magistrate on furnished or on his paying either the whole or such part as to just claims of such employee against him for wages or on filing of a petition in bankruptcy by or against him; and the Magistrate seems reasonable of all (b) in no case shall the period of such detention exceed three months.
(3) The bond to be given by an employer shall be a the penalty personal bond with one or more sureties, and for breach of the bond shall be fixed with due regard to the circumstances of the case and the means of the employer.
to (4) that the Magistrate If on or after a complaint by any employee under is it appears subsection (1) the employer complained good ground for believing to against has absconded or abscond, the Magistrate may issue a warrant for the arrest of such employer and such employer shall be detained in the complaint unless he custody pending the satisfaction of finds good and sufficient security the Magistrate for his appearance to answer the complaint.
that is absconding or the hearing of is about there to 27 Ordinan Buruh Sabah (Pindaan) 27 (5) For the purposes of this section, a certificate purporting to be signed by the Director and issued to the Magistrate to the effect that wages claimed have been paid or settled shall be sufficient evidence of the payment or settlement thereof.

7o.
7o.

Any person summoned by the Director under this Chapter shall be legally bound to attend at the time and Examinatio- n on summons place specified in the summons and to answer truthfully all questions by the Director which the Director may put to him.

7P.

NO employer shall prevent or attempt to prevent any employee from appearing before the Director in pursuance of this Chapter."

Right of employee to appear before the Director.

Pemotongan Bab III 12.

Ordinan dipinda dengan memotong Bab III.


Pindaan tajuk Bahagian II 13.

Tajuk Bahagian perkataan "CONTRACT OF SERVICE".

"AGREEMENTS AND CONTRACTS" II Ordinan dipinda dengan menggantikan perkataan dengan Pindaan tajuk Bab IV 14.

Tajuk Bab "Agreements" dengan perkataan "Terms and conditions".

IV Ordinan dipinda dengan menggantikan perkataan Pindaan seksyen 9 15.
Ordinan dipinda dengan menggantikan seksyen 9 dengan seksyen yang berikut: “More favourable conditions of service under the Ordinance to prevail.

9.
Subject to section 9A, any term or condition of a contract of service or of an agreement, whether such contract of service was entered into before or after the coming into force of this Ordinance, which provides a term or condition of service which is less favourable to an employee than a term or condition of service prescribed by this Ordinance or any rules, order or other subsidiary 28 28 Rang Undang-Undang legislation made thereunder shall be void and of no effect to that extent and the more favourable provisions of this Ordinance or any rules, order or other subsidiary legislation made thereunder shall be substituted therefor."
Seksyen baru 9 A, 9 B dan 9c 16.

Ordinan dipinda dengan memasukkan selepas seksyen 9 seksyen yang berikut: "Validity of any term or condition of service which is more favourable.

9A .
Subject to any express prohibition under this Ordinance or any rules, order or other subsidiary legislation made thereunder, nothing in section 9 shall be construed as preventing an employer and an employee from agreeing to any term or condition of service under which an employee is employed, or shall render invalid any term or condition of service stipulated in any collective agreement or in any award of the Industrial Court, which is more favourable to the employee than the provisions of this Ordinance or any rules, order or other subsidiary legislation made thereunder.
Removal of doubt in respect of matters not provided for by or under this Ordinance.

9B.
For the removal of doubt it is hereby declared that if no provision is made in respect of any matter under this Ordinance or any subsidiary legislation made thereunder, or if no rules, order or other subsidiary legislation has been made on any matter in respect of which rules, or an order or other subsidiary legislation may be made under this Ordinance, it shall not be construed as preventing such matter from being provided for in a contract of service, or from being negotiated upon between an employer and an employee.
9c.

Nothing in any contract of service shall in any manner restrict the right of any employee who is a party to such contract— (a) to join a registered trade union; (b) (c) to participate in the activities of a registered trade union, whether as an officer of such union or otherwise; or to associate with any other persons for the purpose trade union in accordance with the of organizing a Trade Unions Act 1959."
Contracts of service not to restrict rights of employees to join, participate in or organize trade Act 262.

29 Ordinan Buruh Sabah (Pindaan) 29 Pindaan seksyen 10 17.
Seksyen 10 Ordinan dipinda— (a) dengan menomborkan semula peruntukan yang sedia ada sebagai subseksyen (1) seksyen itu; (b) dalam subseksyen (1) — (1) dengan menggantikan perkataan for a period of a week or more" dengan perkataan "a contract of service"; agreement "an (ii) dengan menggantikan perkataan "prescribed" dengan perkataan "gazetted public"; dan (iii) dengan menggantikan perkataan "usual" dengan perkataan "ordinary"; dan (c) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: "(2) A contract of service shall be deemed to be breached by an employer if he fails to provide work or pay wages in accordance with subsection (1).".
Seksyen baru 10A 18.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 10 “Provision as to termination of contracts.

10A.

(1) A contract of service for a specified period of time or for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this chapters terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed.
(2) A contract of service for an unspecified period of in accordance in force until terminated time shall continue with this Chapter."

30 30 Rang Undang-Undang Pindaan seksyen 11 19.


Seksyen 11 Ordinan dipinda— (a) dalam nota birai, dengan menggantikan perkataan "agreement" dengan perkataan "contract of service"; (b) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: "(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.
"; (c) dengan menggantikan subseksyen (2) dengan subseksyen yang berikut: "(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than— (a) four weeks' notice the employee has been so employed for less than two years on the date on which the notice is given; if (b) six weeks' notice if he has been so employed for two years or more but less than five years on such date; (c) eight weeks' notice if he has been so employed for five years or more on such date: Provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection.
"; dan (d) dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: "(3) Notwithstanding anything contained in subsection (2), where the termination of service of the employee is attributable wholly or mainly to the fact that— (a) the employer has ceased, or intends to cease to carry on the business for the purposes of which the employee was employed; 31 (b) (c) (d) (e) Ordinan Buruh Sabah (Pindaan) 31 the employer has ceased or intends to cease to carry on the business in the place at which the employee was contracted to work; requirements of the employee to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish; that business for that business for the requirements of the employee to carry out work of a particular kind in the place to work have ceased at which he was contracted or diminished or are expected to cease or diminish; the employee has refused transfer to any other place of employment, unless his to accept such contract of service requires him transfer; or to accept his (f) a change has occurred in the ownership of the the purpose of which an employee business for is employed or of a part of such business, regardless of whether the change occurs by virtue of a sale or other disposition or by operation of law, the employee shall be entitled to, and the employer shall give to the employee, notice of termination of service, and the length of such notice shall be not less than that provided under paragraph (a), (b) or (c) of subsection (2), as the case may be, regardless of anything to the contrary contained in the contract of service.
(4) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.".

Pindaan seksyen 12 20.

Ordinan dipinda dengan menggantikan seksyen 12 dengan seksyen yang berikut: “Termination of contract without notice.

12.
12.

(1) Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 11, without waiting for the expiry of that notice, by paying to the 32 32 Rang Undang-Undang other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice.
(2) Either party to a contract of service may terminate such contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service."

Pindaan seksyen 13 21.

Ordinan dipinda dengan menggantikan seksyen 13 dengan seksyen yang berikut: “Termination of contract for special reasons 13.
(1) An employer may, on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service, after due inquiry — (a) dismiss without notice the employee; (b) downgrade the employee; or (c) lesser punishment as he deems impose any other just and fit, and where a punishment of suspension without wages it shall not exceed a period of two weeks.
imposed, is (2) For the purposes of an the employer may suspend inquiry under subsection (1), from work the employee for a period not exceeding two weeks but shall pay him not less than half his wages for such period: Provided that if the inquiry does not disclose any misconduct on the part of the employee, the employer shall forthwith restore to the employee the full amount of wages so withheld.
(3) An employee may terminate his contract of service with his employer without notice where he or his dependants are immediately threatened by danger to the person by violence or disease such as such employee did not by his contract of service undertake to run."

33 Seksyen baru 13A Ordinan Buruh Sabah (Pindaan) 33 22.

Ordinan dipinda dengan memasukkan selepas seksyen 13 seksyen yang berikut: “When contract is deemed to be broken by employer and employee.

13A.
13A.

(1) An employer shall be deemed to have broken his contract of service with the employee if he fails to be broken pay wages in accordance with this Ordinance.
(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence."

Pemotongan seksyen 14 hingga 16 23.

Ordinan dipinda dengan memotong seksyen 14, 15 dan 16.
Pemotongan tajuk Bab V 24.

Ordinan dipinda dalam Bab V dengan memotong "CHAPTER V Contracts".

tajuk P e m o t o n g a n s e k s y e n 1 7 25 .

Pindaan seksyen 18 26.

O r d i n a n s e k s y e n y a n g b e r i k u t : .
( 1 ) time specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed “Contracts to be in writing and to include provision 34 34 Rang Undang-Undang one month, shall be in writing and shall be signed by both parties: Provided that an employee unable to sign may indicate his consent by affixing thereto the impression of his thumb.
(2) included setting out In every written contract of service, a clause shall in which such contract this in accordance with the manner terminated by either party be may be Ordinance.

(3) Such written contract of service shall contain such particulars necessary rights and obligations of the parties thereto as may be prescribed by rules made under this Ordinance."

to define the Pemotongan seksyen 19 hingga 33 27.


Ordinan dipinda dengan memotong seksyen 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 dan 33.

Pindaan tajuk Bab VI 28.

Tajuk Bab VI Ordinan dipinda dengan menggantikan perkataan "Contracts of apprenticeship" dengan perkataan ship contracts".

"Apprentice Pindaan seksyen 34 29.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 34 dengan 34.
Sections 10, 10A, 11, 12, 13, 13A and 18 shall not apply to apprenticeship contracts which are in a form approved by and of which a copy has been filed with the Director."

“Apprentice- ship contracts excluded from sections 10,10A, 11, 12, 13, 13A and 18.

Pemotongan seksyen 35 hingga 42 30.

Ordinan dipinda dengan memotong seksyen 35, 36, 37, 38, 39, 40, 41 dan 42.

35 Ordinan Buruh Sabah (Pindaan) 35 Pemotongan Bab VII hingga IX 31.

Ordinan dipinda dengan memotong Bab VII, VIII dan IX.
Pindaan tajuk Bahagian IV 32.

Tajuk Bahagian perkataan "PROVISIONS RELATING TO EMPLOYMENT".

"CONDITIONS OF EMPLOYMENT" IV Ordinan dipinda dengan menggantikan perkataan dengan Pindaan tajuk Bab X 33.

Tajuk Bab X Ordinan dipinda dengan menggantikan perkataan returns "Special places of employment" dengan perkataan "Registers, and notice board".

Pemotongan seksyen 56 34.

Ordinan dipinda dengan memotong seksyen 56.

Pindaan seksyen 57 35.

Ordinan dipinda dengan menggantikan seksyen yang berikuf.
seksyen 57 dengan "Duty to 57.

The owner of any— display notice board.
(a) estate of twenty hectares or more; (b) mine; (c) factory; (d) trade, business or manufacturing on in any premises, activity carried on or in which not less than five employees are employed shall, if such estate, mine, factory or premises are outside the limits of a City, Municipality, Town Council, Town Board or other local authority, cause to be erected where practicable in a conspicuous place at or adjacent to the place where the access road to such estate, mine, factory 36 36 Rang Undang-Undang or premises joins the main road or a railway or river, as the case may be, a notice board on which shall be set out in the national language the name of such estate, mine, factory, trade, business or manufacturing activity and the address of its registered or other office.".
Pindaan seksyen 58 36.

Ordinan dipinda dengan menggantikan seksyen 58 dengan seksyen yang berikut: “Duty to keep registers.

58.

(1) Every employer shall prepare and keep one or more registers containing such information regarding each employee employed by him as may be prescribed by rules made under this Ordinance.

(2) Every such that every particular register shall be preserved for such period therein shall be available for inspection for not less than six years after the recording thereof.
recorded (1) and (3) Notwithstanding subsections the Director, the r e q u ir e d u n d e r in any other manner as may be approved to such conditions as he may on a written application by an employer, may permit e mp lo ye r subsection (1) by deem fit to impose."

the Director subject in f o r ma tio n to k e e p th e (2), Seksyen baru 58A 37.

Ordinan dipinda dengan memasukkan selepas seksyen 58 seksyen yang berikut: “Power to make rules requiring information as to wages 58A.
The Minister may, by rules made under this Ordinance, provide that every employer or any specified class or classes of employers shall make available, in such form and at such intervals as many prescribed, to every employees employed by him or them or to such class or classes of employees as may be specified such particulars as may be specified relating to the wages of such employees or any of them."

37 Ordinan Buruh Sabah (Pindaan) 37 Pindaan seksyen 59 38.
Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 59 dengan “Duty to submit returns.

59.
(1) The Director may by notification in the Gazette or by notice in writing require every employer or such class or classes of employers as may be specified, and every owner or occupier of land upon which employees are employed or such class or classes of owners or occupiers as may be specified, to forward to the Director at such times as he may direct a return or returns, in such form or forms as he may prescribe, giving such particulars relating to the employees of the employers, or to the employees employed on the land, as may be prescribed.
(2) Notwithstanding the provisions of this Ordinance, the powers of the Director under subsection (1) extend to every employee employed under a contract of service irrespective of the monthly wages of the employee."

Seksyen baru 59A 39.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 59 “Duty to give notice and other information 59A.
(1) Any person or employer who proposes— (a) to operate any agricultural, forestry or industrial any establishment where trade, profession or business of undertaking commerce, description is carried on; or any any (b) take over or commence business to undertaking or establishment; or in such (c) to change the name or undertaking or establishment, the location of such in which any employee is employed or is likely to be employed shall, within ninety days of such commencing of operation, taking over or commencing of business, or changing of the name or the location of the undertaking or establishment, as the case may be, give notice in writing of such proposal to the nearest office of the Director 38 38 Rang Undang-Undang having administrative jurisdiction for the area in which that undertaking or establishment is located and furnish such office of the Director with— (aa) the registered name, address and nature of business of; (bb) the name of the manager or person in charge of; and (cc) a statement of the categories and total number of employees employed in, that undertaking or establishment.
and this section, (2) For the purposes of t h e d a t e o n w h i c h is "commencing of operation" e a c h me a n s establishment date on which of business in such establishment, whichever is earlier.
registered under any written is employed the undertaking or commerce, the expressions "commencing of business" t h e u n d e r t a k i n g o r law, or the in furtherance trade, profession or the first employee in subsection (1) (3) Where any undertaking or establishment as is referred in operation or has is already to commenced business, such notice shall be given within ninety days of the coming into force of this section."

Pemotongan seksyen 60 hingga 69 40.


Ordinan dipinda dengan memotong seksyen 60, 61, 62, 63, 64, 65, 66, 67, 68 dan 69.

Pindaan tajuk Bab XI 41.

Tajuk Bab XI Ordinan dipinda dengan menggantikan perkataan "women, young persons and children."

dengan perkataan "children and young persons".

Pemotongan seksyen 70 42.

Ordinan dipinda dengan memotong seksyen 70.

39 Ordinan Buruh Sabah (Pindaan) 39 Pindaan seksyen 71 43.
Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 71 dengan “Certificate of medical officer as to age.

71.

Where, in any proceeding under this Ordinance, a person is alleged to be a child or young person, the Court may accept a certificate of a medical officer to the effect that, in his opinion, such person is or is not a child or young person."

Pindaan seksyen 72 44.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 72 dengan 72.
(1) No child or young person shall be, or be required permitted to be, engaged in any employment other than those specified in this section.

or “Employment in which children and young persons may be engaged.
(2) A child may be engaged in any of the following employment: (a) employment involving light work suitable to his capacity in any undertaking carried on by his family; (b) employment in any public entertainment, in terms and conditions of a the accordance with licence granted in that behalf under this Chapter; (c) employment requiring him to perform work the Federal Government approved or sponsored by or the Government of any State and carried on in any school, training vessel; and institution or training (d) employment as an apprentice under a written apprenticeship contract.
(3) A young person may be engaged in any of the following employment: (a) any employment mentioned in subsection (2); and in relation to paragraph (a) of that subsection, any employment suitable to his capacity (whether or not the undertaking is carried on by his family); 40 Rang Undang-Undang (b) employment as a domestic servant; 40 (c) employment bars, workshop, club or association; in any office, shop restaurants and stalls), godown, store, boarding house, (including hotels, factory, theatre, cinema, (d) employment in an industrial undertaking suitable to his capacity; and (e) employment on any vessel under the personal charge of his parent or guardian: Provided that no female young person may be engaged in any employment in hotels, bars, restaurants, boarding houses or clubs unless such establishments are under the management or control of her parent or guardian: Provided further that a female young person may be engaged in any employment in a club not managed by her parent or guardian with the approval of the Director.
i n if he s u b s e c t i o n is satisfied ( n o t me n t i o n e d (4) The Minister may, that any e mp l o y me n t ( 2 ) o r (3)) is not dangerous to life, limb, health or morals, by in order declare such employment which a child or young person may be, or permitted to be, engaged; and impose such conditions as he deems fit and he may at any time revoke or vary the order or may withdraw or alter such conditions.

to be an employment the Minister may in such order Act 139.

Act 447.
Act 447.

(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 Factories and Machinery Act 1967 or the Electricity Supply Act 1990 or in any employment requiring him to work underground."

41 Ordinan Buruh Sabah (Pindaan) 41 P i n d a a n s e k s y e n 7 3 45.
O r d i n a n s e k s y e n y a n g b e r i k u t : “The Minister may prohibit any child or young person from engaging or being engaged in any employment.

7 3 .
7 3 .

N o t w i t h s t a n d i n g s e c t i o n 7 2 , t h e M i n i s t e r m a y , i n any particular case, by order prohibit any child or young person from engaging or from being engaged in any of the employments mentioned in that section if he is satisfied that having regard to the circumstances such employment , a s t h e c a s e m a y b e . "

Seksyen baru 73A, 73B, 73C dan 73D 46.


Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 73 “Number of days of work.

73A.

NO child or young person engaged in any employment shall in any period of seven consecutive days be required or permitted to work for more than six days.

Hours of work of children.

73B.
(1) No child engaged in any employment shall be required or permitted— (a) to work between the hours of 8 o'clock in the evening and 7 o'clock in the morning; (b) (c) to work for more without a period of rest of at least thirty minutes; three consecutive hours than to work for more than six hours in a day or, if the child is attending school, for a period which together with time he spends attending school, exceeds the seven hours; or (d) to commence work on any day without having had a period of not than fourteen consecutive hours free from work.
less (2) Paragraph (a) of subsection (1) shall not apply to any child engaged in employment in any public entertainment.

42 42 Rang Undang-Undang Hours of work of young person.

(1) No young person engaged in any employment shall be required or permitted - 73c.
(a) to work between the hours of 8 o'clock in the evening and 6 o'clock in the morning; (b) to work for more than four consecutive hours without a period of rest of at least thirty minutes; (b) to work for more than seven hours in any one day or, if the young person is attending school, for a period which time he spends attending school, exceeds eight hours: together with the Provided that if the young person is an apprentice under paragraph (d) of subsection (2) of section 72, the period of work in any one day shall not exceed eight hours; or (d) to commence work on any day without having had a period of not less than twelve consecutive hours free from work.
(2) Paragraph (a) of subsection (1) shall not apply to any young person engaged in employment in an agricultural undertaking or any employment in a public entertainment or on any vessel under paragraph (e) of subsection (3) of section 72.

73D.
(1) NO child or young person shall take part or be required or permitted to take part in any public entertainment unless there has been issued by the Director or by such other officer as may be authorized in writing in that behalf by the Director to the person employing such child or young person a license in that behalf; and the Director may, in addition to such conditions or restrictions as may be prescribed from time to time under Chapter XVIB impose in respect of such license (whether at the time the license is issued or thereafter from time to time) such conditions as he deems fit.
(2) No license under subsection (1) shall be granted by the Director to any person where he is of the opinion that the employment is dangerous to the life, limb, health or morals of the child or young person.

Employment connected with public entertainment.


43 Ordinan Buruh Sabah (Pindaan) 43 (3) The Director may cancel any issued under this section on any ground for which he could refuse to issue a licence or on breach of any condition thereof, and such cancellation shall forthwith until and unless set aside on appeal.
take effect licence (4) Any child or young person or the parent or guardian of such child or young person or any other person aggrieved by the Director may within fourteen days of the making of that decision appeal to the Minister, and the decision of the Minister shall be final.
the decision of (5) In the event of an appeal, the child or young person or the parent or guardian of such child or young person shall be entitled to be supplied by the Director the reasons in writing for the cancellation of or refusal to issue a licence or for the imposition of conditions on a licence.".

Pemotongan seksyen 74 47.

Ordinan dipinda dengan memotong seksyen 74.

Seksyen baru 74A dan 74B 48.


Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 74 “Power to prescribe minimum wages after inquiry.

74A.

(1) If representation is made to the Minister that the wages of children or young persons in any class of work in any area are not reasonable, having regard to the nature of the work and conditions of employment obtaining in such class of work, the Minister may, if he considers it expedient, direct an inquiry.
(2) For the purpose of such the Minister shall appoint a Board consisting of an independent member representatives of employers and employees.
inquiry, (3) The Board shall, after holding the Minister to the Minister may, after considering the report of the findings and its the inquiry, report recommendations; and 44 44 Rang Undang-Undang Board, make an order prescribing the minimum rates of wages to be paid to children or young persons or to both, employed in the class of work in the area.
(4) Upon publication of such order, it shall not be lawful for any employer to pay any child or young person to whom the order applies, wages below the minimum rates specified in the order.

74B.
Notwithstanding anything to the contrary contained in the Contracts Contractual Act 1950 or the provisions of any other written law, any child or capacity, Act 136. young person shall be competent to enter into a contract of service under this Ordinance otherwise than as an employer, and may sue as plaintiff without his next friend or defend any action without a guardian ad litem: Provided that no damages and no indemnity under section 12 of this Ordinance shall be recoverable from a child or young person for a breach of any contract of service."
Bab baru XIA 49.

Ordinan dipinda dengan memasukkan tajuk yang berikut: selepas seksyen 74B "CHAPTER XIA Employment of women".

Pindaan seksyen 75 50.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 75 dengan “Prohibition of night work.

75.
(1) Except in accordance with rules made under this Ordinance or any exemption granted under the proviso to this subsection, no employer shall require any female employee to work in any agricultural, forestry or industrial undertaking between the hours often o'clock in the evening 45 Ordinan Buruh Sabah (Pindaan) 45 and 5 o'clock in the morning nor commence work for the day without having had a period of eleven consecutive hours free from such work: Provided that the Director may, on application made to him in any particular case, exempt in writing any female employee or class of female employees from any restriction in this subsection, subject to any conditions he may impose.
(2) Any person— (a) who is affected by any decision made or condition (1); the proviso to subsection imposed under and (b) w h o is d is s a tis f ie d w ith s u c h d e c is io n o r condition, may within thirty days of such decision or condition being communicated to him appeal in writing to the Minister.

(2), including I n d e c i d i n g a n y a p p e a l ma d e (3) subsection order, imposed or appears just and such decision or order shall be final.".
t o h i m u n d e r the Minister may make such decision or the alteration or removal of any condition imposition of any further condition, as the Pindaan seksyen 76 51.

Seksyen 76 Ordinan dipinda— (a) dengan memasukkan perkataan "by order"; selepas perkataan "Minister may" (b) dengan menggantikan perkataan "sections 74 and" dengan perkataan "section"; dan (c) dengan memotong perkataan "young persons who have attained the age of sixteen years and".

Pemotongan seksyen 77 52.


Ordinan dipinda dengan memotong seksyen 77.

46 46 Rang Undang-Undang Pindaan seksyen 78 53.

O r d i n a n d i p i n d a d e n g a n m e n g g an t i k a n seksyen yang berikut: s e k s y e n 7 8 d e n g a n 78.

No female employee shall be employed in any “Prohibition of underground work.

underground work."

Seksyen baru 78 A 54 seksyen yang berikut: s e l e p a s s e k s y e n 7 8 “Prohibition of employment.
the 78A.

Notwithstanding the Minister may by order prohibit or permit the employment of female employees in such circumstances or under such conditions as may be described in such order."

this Chapter, provisions of Pemotongan seksyen 79 hingga 82 55.

Ordinan dipinda dengan memotong seksyen 79, 80, 81 dan 82.

Bab baru XIB 56.

Ordinan dipinda dengan memasukkan selepas seksyen 82 yang berikut: tajuk "CHAPTER XIB “Maternity protection" Pindaan seksyen 83 57.
O r d i n a n d i p i n d a d e n g a n m e n g g an t i k a n seksyen yang berikut: s e k s y e n 8 3 d e n g a n “Length of eligible period and entitlement to maternity allowance.

( 1 ) E v e r y t o f e m a l e e m p l o y e e 8 3 .
consecutive days (also referred to in this Chapter as the " e l i g i b l e p e r i o d " ) i n r e s p e c t o f e a c h c o n f i n e m e n t a n d , s h a l l b e e n t i t l e d l e a v e l e s s 47 Ordinan Buruh Sabah (Pindaan) 47 subject to this Chapter, she shall be entitled to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.
(2) Where a female employee from her employer is entitled is not entitled to maternity leave under subsection (1) but to receive the eligible maternity allowance period under subsection (5), or because she has not fulfilled the conditions set out in subsection (6), she may, with the time consent of during the eligible period if she has been certified fit to resume work by a registered medical practitioner.
the employer, commence work at any for to section 87, maternity (3) Subject commence earlier preceding than the day immediately following her confinement: the confinement of a female employee or leave shall not immediately later than a period of thirty days Provided that where a medical officer or the registered medical practitioner appointed by the employer certifies that the female employee as a result of her advanced state of pregnancy is unable to perform her duties satisfactorily, the employee may be required to commence her maternity leave at any time during a period of fourteen days preceding the date of her confinement as determined in advance by the medical officer or the registered medical practitioner appointed by the employer.
t h i r t y d a y s (4) Where a leave on a date earlier female employee abstains from work than to the commence her maternity i mme d i a t e l y p r e c e d i n g h e r p e r i o d o f confinement, such abstention shall not be treated as maternity leave and she shall not be entitled to any maternity allowance the days during which she abstains from work in excess of the period of thirty days immediately preceding her confinement.
in respect of subsection (5) Notwithstanding employee shall not be entitled to any maternity allowance if at the time of her confinement she has five or more surviving children.
female (1), a 48 Rang Undang-Undang (6) A female employee shall be entitled the eligible period for maternity allowance employer if— 48 to receive from her (a) she has been employed by the employer at any time i mme d i a t e l y b e f o r e h e r f o u r mo n t h s t h e i n confinement; and (b) she has been employed by the employer for a period to, not the nine months of, or periods amounting than ninety days during less immediately before her confinement.
the aggregate in (7) A is eligible female employee who this section shall be entitled for maternity allowance under receive from the employer for each day of the eligible period a maternity allowance at her ordinary rate of pay for one day, or at the rate prescribed by the Minister under Chapter XVIB, whichever is the greater.
to (8) A female employee employed on a monthly rate to have received her maternity to receive her monthly wages the eligible period of pay shall be deemed allowance during her abstention from work during without abatement in respect of the abstention.
if she continues this section (9) W h e r e a f e ma l e e mp l o y e e c l a i ms ma t e r n i t y than one employer, allowance under to receive a maternity allowance she shall not be entitled of an amount exceeding the amount in which she would be entitled to receive if her claim was made against one employer only.
the aggregate from more (10) Where in accordance with there are more employers the female employee would be entitled than one from to claim whom the maternity allowance employer who pays the maternity allowance shall be entitled to recover from such other employer, as a civil debt, a the contribution which shall bear to amount of the female employee as the number of days on which she worked the maternity allowance paid the same proportion this section to 49 Ordinan Buruh Sabah (Pindaan) 49 for such other employer during the period of nine months immediately preceding her confinement bears to the total number of days on which she worked during that period: Provided that if the female employee has failed to comply with subsection (1) or (2) of section 87, the employer who pays the maternity allowance shall not .
i n a c c o r d a n c e w i t h (11) For the purposes of this section, "children" mean all natural children, irrespective of age."

P e m o t o n g a n s e k s y e n 8 4 58 .

P i n d a a n s e k s y e n 8 5 59.

O r d i n a n seksyen yang berikut “Payment of maternity allowance.

85.
85.

The maternity allowance referred to in section 83 and accruing in each wage period under the contract of service of the female employee shall be paid in the same . "

P i n d a a n s e k s y e n 8 6 60.

O r d i n a n seksyen yang berikut .
I f a f e m a l e e m p l o y e e , a f t e r g i v i n g n o t i c e t o h e r employer t h a t s h e e x p e c t s t o b e c o n f i n e d , eligible period, her employer or any emplo have been, but for the death of the female employee , “Payment of allowance to nominance on death of a female employee.
50 50 Rang Undang-Undang no such person, to her legal personal representative, an allowance at the rate calculated or prescribed as provided in subsection (7) of section 83 from the day she commenced her maternity leave to the day immediately preceding her death.".

Pindaan seksyen 87 61.

Ordinan dipinda dengan menggantikan seksyen 87 dengan seksyen yang berikut: “Loss of maternity allowance for failure to notify employer.

is about 87.
is about 87.

(1) A female employee who employer and who knows or has reason to believe that she will be confined within four months from the date upon which she leaves shall before leaving her employment notify her employer of her pregnancy and if she fails so to do, she shall not be entitled to receive any maternity allowance from such employer.
to leave her her expected preceding immediately (2) A female employee shall within a period of sixty days confinement notify her employer of it and the date from which she if she intends leave without so notifying her employer, commences such to her may be the payment of maternity allowance suspended, notwithstanding such notice is given to her employer.
to commence her maternity section 85, until leave and is pregnant, persistently refuses or fails (3) Any free medical she such medical a or desirable confinement or confinement shall, be entitled such allowance to the extent of seven days.
female employee whose employer provides treatment for his employees and who, when to treatment offered free by her employer as to be necessary in connection with her pregnancy, expected if she would otherwise forfeit registered medical practitioner certifies receive any maternity allowance, to submit to (4) The want of or any defect or inaccuracy in any notice required to be given in accordance with this section shall not be a bar to the maintenance of any claim to to maternity allowance unless inaccuracy have been prejudiced by of such notice.
the employer the want, defect or is proved 51 Ordinan Buruh Sabah (Pindaan) 51 (5) The failure in period specified right of a female employee allowance that it by mistake or other reasonable cause: is found if to give any such notice within this section shall not prejudice the the to receive any maternity the failure was occasioned Provided that any dispute as to whether such failure was occasioned by mistake or other reasonable cause shall be referred under section 7A to the Director for his decision.
(6) Notice to an employer or, if there is more than one employer, to one of such employers, may be given either in writing or orally or to the foreman or other person female employee was under whose the purpose by employed or the employer.".

to any person designated for supervision the Pemotongan seksyen 88 dan 89 62.

Ordinan dipinda dengan memotong seksyen 88 dan 89.

Pindaan seksyen 90 63.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 90 dengan “Payment of allowance to nominee.

90.
90.

A female employee may nominate some other person to whom the maternity allowance may be paid on her behalf and any payment of the maternity allowance made to the person so nominated shall, for the purposes of this Ordinance, be deemed to be a payment to the female employee herself."

Seksyen baru 91A 64.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 91 91A.
(1) Where a female employee remains absent from her work after the expiration of the eligible period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy and confinement and to “Restriction on dismissal of female employee after eligible period.
52 52 Rang Undang-Undang render her unfit for her work, it shall be an offence, until her absence exceeds a period of ninety days after the expiration of the eligible period, for her employer to terminate her services or give her notice of termination of service.
(2) Subject to subsection (1), where a female employee is dismissed from her employment with wages in lieu of notice at any time during the period of four months immediately preceding her confinement, she shall, in computing the period of her employment for the purposes of this Chapter, be deemed to have been employed as if she had been given due notice instead of wages in lieu thereof."

Pemotongan seksyen 92 dan 93 65.

Ordinan dipinda dengan memotong seksyen 92 dan 93.

Pindaan seksyen 94 66.


Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 94 dengan “Conditions contrary to Chapter void.

94.

Any condition in a contract of service whereby a female employee relinquishes or is deemed to relinquish any right under this Chapter shall be void and of no effect and the right conferred under this Chapter shall be deemed to be substituted for such condition."

Seksyen bam 94A 67.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 94 94A.
Every employer shall keep a “Register of allowances paid.

in a be prescribed by the Minister by rules made under this Ordinance, of all payments made to female employees under this Chapter and of such other matters incidental thereto as may be prescribed by such rules."

register, form to 53 Ordinan Buruh Sabah (Pindaan) 53 Pemotongan seksyen 95 68.

Ordinan dipinda dengan memotong seksyen 95.

Pindaan seksyen 96 69.
Seksyen 96 Ordinan dipinda— (a) dalam subseksyen (1) — (i) dengan memotong perkataan "and who has been brought to the place of employment by an employer, or by any person acting on behalf of the employer,"; (ii) dengan memotong perkataan "to his place of origin or to the place of engagement, if the latter be nearer to the place of employment and the laws of the place of engagement permit,"; (iii) dalam perenggan (d), dengan menggantikan perkataan "but in the case of a contract subject to the provisions of the particular contract and Chapter V of this Ordinance" dengan perkataan "or otherwise"; (iv) dengan menggantikan perenggan (e) dengan perenggan yang berikut: "(e) upon cancellation by the Director or expiry of the Licence To Employ Non-resident Employee;"; dan (v) dalam perenggan (f), dengan memotong perkataan ", unless the Director otherwise decides"; (b) dalam subseksyen (2) — (i) dengan menggantikan perkataan "immigrant worker" dengan perkataan "non-resident employee"; (ii) dengan memasukkan selepas perkataan "in accordance with" perkataan "this Ordinance or any rules made under this Ordinance or"; 54 54 Rang Undang-Undang (iii) dengan menggantikan perkataan "section 8(8) of the Immigration Ordinance" dengan perkataan "any provisions of any written law for the time being in force relating to immigration"; dan (iv) dengan menggantikan perkataan "place of origin or to the place of engagement, if the latter be nearer to the place of employment and the laws of the place of engagement permit" dengan perkataan "country or State of origin"; (c) dalam perenggan (4)(b), "agreement or contract" dengan perkataan service or Employ Non-resident Employee"; the cancellation or expiry of dengan menggantikan perkataan "contract of the Licence To (d) dalam subseksyen dengan memasukkan (5), perkataan "The employer shall" perkataan "not"; dan selepas (e) dalam subseksyen "from (6), dengan memasukkan selepas the employer or employers" perkataan perkataan "from the security furnished to the Director or".
Pindaan seksyen 97 70.
Seksyen 97 Ordinan dipinda— (a) dengan menggantikan perkataan "worker" di mana-mana jua terdapat dengan perkataan "resident employee"; (b) dengan menggantikan perenggan (a) dengan perenggan yang berikut: "(a) when the Director is satisfied that the resident employee by a declaration before the Director has signified that he does not wish to exercise his right to repatriation;"; (c) dengan memotong subperenggan (a)(ii); (d) dalam perenggan (c), "paragraph (c) of subsection perkataan "Chapter XVIB"; dan dengan menggantikan perkataan (2) of section 121" dengan (e) dengan memotong perenggan (d).
55 Ordinan Buruh Sabah (Pindaan) 55 Pindaan seksyen 98 71.

Ordinan dipinda dengan menggantikan seksyen 98 dengan seksyen yang berikut: “Employer to provide transport 98.

The employer shall take all necessary measures to ensure the provision of a proper and safe mode of transport and, when it is the night, a suitable necessary to break accommodation and, journey, suitable the arrangements for medical assistance and for the welfare of the employees who are being repatriated."
journey for the course of the in Pemotongan seksyen 99 72.

Ordinan dipinda dengan memotong seksyen 99.

Pindaan tajuk Bab XIV 73.

Tajuk Bab XIV Ordinan dipinda dengan menggantikan perkataan "agreements and contracts" dengan perkataan "contract of service".

Pemotongan seksyen 101 74.

Ordinan dipinda dengan memotong seksyen 101.

Pindaan seksyen 102 75.
Seksyen 102 Ordinan dipinda— (a) dalam nota birai, dengan menggantikan perkataan of worker on advances to employees"; for advances" dengan perkataan "Liability "Limitation (b) dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: "(1) No employer shall during any one month make to an employee an advance or advances of wages not already earned by such employee which exceeds in the aggregate the amount of wages which the employee earned in the preceding month from his employment 56 Rang Undang-Undang 56 with such employer, or if he has not been so long in the employment of such employer, the amount which he is likely to earn in such employment during one month, unless such advance is made to the employee— (a) to enable him to purchase a house or to build or improve a house; (b) to enable him to purchase land; (c) to enable him to purchase livestock; (d) to enable him motorcycle or a bicycle; to purchase a motorcar, a (e) to enable him to purchase shares of the employer's business offered for sale by the employer; (f) for any other purpose— (i) in respect of which an application in writing is made by the employer to the Director; (ii) which is, in the opinion of the Director, beneficial to the employee; and (iii) which is approved in writing by the Director, provided that in granting such approval, the Director may make such modifications or impose such conditions as he may deem proper; (g) for such other purpose as the Minister may, from time to time, by notification in the Gazette employees, or only in respect of any particular employee, or any class, category or description of employees.
"; i n (c) dalam subseksyen perkataan loan or advances or both" dengan perkataan "any dengan menggantikan (2), "any advance"; (d) dalam subseksyen (3)— (i) dengan menggantikan perkataan "worker" dengan perkataan "non-resident employee"; dan 57 Ordinan Buruh Sabah (Pindaan) 57 (ii) dengan menggantikan perkataan "authorised by rule under Chapter IX" dengan perkataan "may be approved by the Director"; dan (e) dalam subseksyen (4), dengan menggantikan perkataan "prescribed" dengan perkataan "approved by the Director".
Pindaan seksyen 103 76.

Ordinan dipinda dengan menggantikan seksyen 103 dengan seksyen yang berikut: “Holidays.

103.

(1) Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year: (a) on fourteen gazetted public holidays as specified Cap.
56. under the Holidays Ordinance (Sabah), four of which shall be— (i) the National Day; (ii) the Birthday of the Yang di- Pertuan Agong; (iii) the Birthday of the Yang di-Pertua Negeri of Sabah; and (iv) the Workers' Day: Provided that the other ten public holidays referred to in this paragraph be fixed with regard to the religion and customs of the employees; and (b) on any day in addition to the gazetted public holidays in paragraph (a) declared as a public referred holiday by the Government of the State: to Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on a rest day, the working day following the rest day shall be a paid holiday in substitution of that public holiday.
(2) The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining ten gazetted 58 Rang Undang-Undang 58 public holidays in respect of which his employees shall be entitled to paid holidays under paragraph (a) of subsection (1): Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the remaining ten gazette public holidays provided for in paragraph (a) of subsection (1): And provided further that the employer may grant the employee any other day as a paid public holiday in substitution for any of the public holidays referred to in paragraph (b) of subsection (1).
in subsection leave or annual therefor as provided the period during which an employee (3) Where any of the public holidays or any other day (1) or(2) substituted is on falls within sick is entitled under this Ordinance, or falls during the period of temporary disablement under the Workmen’s Compensation Act 1952, or under the Employees' Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefor.
the employee to which leave Act 273.

Act 4. immediately preceding or (4) Any employee who absents himself from work on immediately the working day two or more consecutive succeeding a public holiday or therefor public holidays or any day or days substituted the prior consent of his employer, under shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence.
this section without to have received his holiday pay (5) An employee on a monthly rate of pay shall be deemed if he receives from his employer his monthly wages, without abatement (other in respect than as provided under subsection of the holiday, for the month in which the holiday falls.
(4)) 59 Ordinan Buruh Sabah (Pindaan) 59 (6) Notwithstanding subsections (3), any to work on employee may be required by his employer those any paid holiday subsections, and in such event he shall, in addition to the holiday pay he is entitled to for that day— is entitled under to which he (2) and (1), (a) in the case of an employee employed on a monthly, weekly, daily, hourly, or other similar rate of pay, be paid two days' wages at the ordinary rate of pay; or (b) the case of an employee employed on piece in rates, be paid twice the ordinary rate per piece, regardless that the period of work done on that day is less than the normal hours of work.
to (7) For any overtime work carried out by an employee referred in excess in paragraph (a) of subsection (6) of the normal hours of work on a paid public holiday, the employee shall be paid at a rate which is not less than three times his hourly rate of pay.

to (8) For any overtime work carried out by an employee referred in excess in paragraph (b) of subsection (6) of the normal hours of work on any paid holiday, the employee shall be paid not the ordinary rate per piece.
times three than less to a (9) An employee who works on a holiday shall be travelling allowance for that day if payable entitled to him under the terms of his contract of service with his employer but such employee shall not be entitled under this subsection increased rate of any housing allowance or food allowance.

to receive an (10) For the purposes of this section if any such holiday falls on a half working day, the ordinary rate of pay day."
of payable full working shall that be a 60 60 Rang Undang-Undang Pindaan seksyen 104 77.

Ordinan dipinda dengan menggantikan seksyen 104 dengan seksyen yang berikut: “Hours of work.

104.
(1) Except as provided in this section, an employee shall not be required under his contract of service to work— (a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration; (b) more than eight hours in one day; (c) in excess of a spread over period of ten hours in one day; (d) more than forty-eight hours in one week: Provided that— (aa) for the purpose of paragraph (a), any break of less than thirty minutes in the five consecutive hours shall not break the continuity of that five consecutive hours; (bb) an employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than forty-five minutes in the aggregate during which he shall have the opportunity to have a meal; and (cc) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight hours in one week.
(2) The Director may, on the written application of an employer, grant permission to the employer to enter into a contract of service with any one or more of his employees, or with any class, category or description of his employees, requiring the employee or employees, or the class, category 61 Ordinan Buruh Sabah (Pindaan) 61 or description of employees, as the case may be, to work in excess of the limit of hours prescribed under paragraphs (a), (b), (c) and (d) of subsection (1) but subject to such conditions, if any, as the Director may deem proper to impose, if he is satisfied that there are special circumstances pertaining to the business or undertaking of the employer which renders it necessary or expedient to grant such permission; and the Director may at any time revoke the approval given under this subsection if he has reason to believe that it is expedient to do so.
(3) Any person who the Director under subsection (2) may, within of days of such decision being communicated in writing to the Minister.

is dissatisfied with any decision thirty to him, appeal (4) On an appeal made to him under subsection (3) the Minister may make such decision or order as appears just, and such decision or order shall be final.
(5) An employee may be required by his employer to in subsection (1) and the exceed limit of hours prescribed to work on a rest day in the case of— (a) any accident, actual or threatened, in or with respect to his place of work; (b) any work, the performance of which is essential to the life of the community; (c) work essential for the defence or security of Malaysia; (d) urgent work to be done to machinery or plant; (e) any interruption of work which was impossible to foresee; or (f) work to be performed by employees industrial in any undertaking essential the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967: to Provided that the Director shall have the power to enquire into and decide whether or not the employer is justified in calling upon in the employee paragraphs (a) to (f).
the circumstances specified to work in 62 Rang Undang-Undang 62 (6) For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate which is not less than one and a half times his hourly rate of pay irrespective of the basis on which his rate of pay is fixed.
(7) No employer shall require or permit an employee to work overtime exceeding such limit as may be prescribed by the Minister from time to time by rules made under this Ordinance and the rules so made may provide different for different classes, categories or descriptions of limits employees, and such rules may also provide for such classes, categories or description of employees, as may be specified, to be excluded from their application: Provided that any work carried out on a rest day, or any of the gazetted public holidays referred to in subsection (1) of section 103, or on any paid holiday substituted therefor under subsection 103, shall not be construed as overtime work for the purposes of this subsection: And provided further that the Director may, on application made to him in writing by an employer or by an employee or a group of employees, permit any particular employee, or any group, class, category or description of employees in any particular industry, undertaking or establishment to work overtime in excess of the limit of hours so prescribed, subject to such conditions, if any, as he may deem proper to impose.
(8) Any person who is dissatisfied with any decision the Director made under subsection (7) may, within to him, of thirty days of such decision being communicated appeal in writing to the Minister.

(9 subsection the Minister may make such decision or order as appears just and such decision or order shall be final.
(8), (10) The Minister may make rules for the purpose of to an employee the payment due for overtime calculating employed on piece rates.

63 Ordinan Buruh Sabah (Pindaan) 63 in (11) Except the circumstances described in paragraphs (a), (b), (c), (d) and (e) of subsection (5), no employer to shall work for more than twelve hours in any one day.
require any employee under any circumstances (12) This section shall not apply to employees engaged in work which by its nature involves long hours of inactive or stand-by employment.

(13) For the purposes of this Chapter, "hours of work" means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements."

Seksyen baru 104A 104B, 104C, 104D, 104E dan 104F 78.
Ordinan dipinda dengan memasukkan selepas seksyen 104 seksyen yang berikut: “Shift work.

104A.
(1) Notwithstanding paragraphs (b),(c) and (d) of subsection (1) of section 104, but subject to paragraph (a) of subsection (1) of that section, an employee who is engaged under his contract of service in shift work may be required by his employer to work more than eight hours in any one day or more than forty-eight hours in any one week but the average number of hours worked over any period of three weeks, or over any period exceeding three weeks as may be approved by the Director, shall not exceed forty-eight hours per week.
(2) The approval of in subsection (1) may the Director be granted if the Director is satisfied that there are special the business or undertaking circumstances pertaining of it necessary or expedient for him to grant the permission subject to such conditions as he may deem fit to impose.

the employer which render to (3) The Director may revoke the approval given under subsection (2) at any time if he has reason to believe that it is expedient so to do.
64 64 Rang Undang-Undang (4) Except in the circumstances described in paragraphs (a), (b), (c), (d) and (e) of subsection (5) of section 104, no employer shall require any employee who is engaged under his contract of service in shift work to work for more than twelve hours in any one day.

Rest day.

104B.
(1) Every employee shall be allowed in each week a rest day of one whole day as may be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week, the last of such rest days shall be the rest day for the purposes of this Chapter: Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 83, or on sick leave as provided under section 104E, or during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees' Social Security Act 1969. subsection (2) Notwithstanding interpretation of the expression "day" in section 2, in the case of an employee engaged in shift work any continuous period of not less than thirty hours shall constitute a rest day.
and the (1) (1), (3) Notwithstanding subsection the Director, on a to any written application by an employer and subject conditions he may deem fit the employer to grant the rest day for each week on any day of the month in which the rest days fall and the day so granted shall be deemed the employee's rest day to be for the purposes of this section.
impose, may permit to in which the month the employee of the days appointed (4) The employer shall prepare a roster before the the rest days fall commencement of informing to be his rest days therein, and where the same day in each week has been appointed as the rest day for all employees in the place of employment, lieu of preparing a roster, display a notice at a conspicuous place the employees of the place of employment in the fixed rest day so appointed.
the employer may, informing in 65 Ordinan Buruh Sabah (Pindaan) 65 (5) Every such roster and every particular recorded therein shall be preserved and shall be made available for inspection for a period not exceeding six years from the last day of the month in respect of which the roster was prepared or cause to be prepared.

Work on rest day.

104c.


(1) Except as provided in subsection (5) of section 104, no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts: Provided that in the event of any dispute the Director shall have power to decide whether or not an employee is engaged in work, which by reason of to be carried on its nature requires continuously by two or more shifts.
(2) An employee employed on a daily, hourly or other similar rate of pay who works on a rest day shall be paid for any period of work— (a) which does not exceed half his normal hours of work, one day's wages at the ordinary rate of pay; or (b) which is more than half but does not exceed his the two days' wages at normal hours of work, ordinary rate of pay.
(3) An employee employed on a monthly rate of pay who works on a rest day shall be paid for any period of work— (a) which does not exceed half his normal hours of rate the ordinary work, wages equivalent of pay for work done on that day; or to half (b) which is more than half but which does not exceed his normal hours of work, one day's wages at the ordinary rate of pay for work done on that day.
(4) For any work carried out in excess of the normal hours of work on a rest day by an employee mentioned in subsection (2) or (3), he shall be paid at a rate which is not less than two times his hourly rate of pay.

66 Rang Undang-Undang 66 Annual leave.

(5) An employee employed on piece rates who works on a rest day shall be paid twice his ordinary rate per piece.

104D.
(1) An employee shall be entitled to paid annual leave of- (a) eight days for every twelve months of continuous the same employer if he has been that employer for a period of less service with employed by than two years; (b) for every twelve days service with employed by years or more but less than five years; and twelve months of continuous if he has been two the same employer that employer for a period of (c) sixteen days for every twelve months of continuous service with if he has been employed by that employer for a period of five years or more, the same employer and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service: Provided that any fraction of a day of annual leave so calculated which is less than one-half of a day shall be disregarded, and where the fraction of a day is one-half or more it shall be deemed to be one day: And provided further that where an employee absents himself from work without the permission of his employer and without reasonable excuse for more than ten per centum of the working days during the twelve months of continuous service in respect of which his entitlement to such leave accrues he shall not be entitled to such leave.
(2) The paid annual is entitled under subsection (1) shall be in addition to rest days and paid holidays.
to which an employee leave (3) Where an employee who is on paid annual leave becomes entitled to sick leave or maternity leave while 67 Ordinan Buruh Sabah (Pindaan) 67 on such annual leave, the employee shall be granted the sick leave or maternity leave, as the case may be, and the annual leave shall be deemed to have not been taken in respect of the days for which sick leave or maternity leave is so granted.
(4) The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto: Provided that an employee shall be entitled to payment in lieu of such annual leave if, at the request of his employer, he agrees in writing not to avail himself of any or all of his annual leave entitlement.
to the subsection (4), upon take before such (5) Notwithstanding termination of an employee's contract of service, the employee shall takes place be entitled the paid annual leave due to be taken in the year in which twelve months the of service preceding termination takes place, and, in addition, the leave accrued in respect of in which the termination takes place.
the completed months of service during in respect of termination takes place termination in which the year the year the the (6) The employer shall pay the employee his ordinary rate of pay for every day of paid annual leave, and an employee on a monthly rate of pay shall be deemed to if he receives his have received monthly wages, without abatement respect of such annual leave, for the month in which he takes such annual leave.
the annual leave pay in (7) If the contract of service has been terminated by either party before an employee has the paid annual leave to which he is entitled under this section, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave: taken Provided that this subsection shall not apply where an employee is dismissed under paragraph (a) of subsection (1) of section 13.
68 Rang Undang-Undang 68 is granted (8) Where an employee without pay by his employer during any period of months and thirty days, disregarded for service with the employer under this section.

leave of absence twelve the aggregate in leave of absence shall be length of the purpose of computing his the period of absence exceeds that period of (9) The Minister may, by notification the periods when and prescribe shall be granted leave types of employment or fix annual different industries.
in the Gazette, in which in in different classes of the manner to employees Sick leave.

104E.
(1) An employee shall after examination at the expense of the employer— (a) by a registered medical practitioner duly appointed by the employer; or (b) to registered medical practitioner if having regard is if no such the nature or appointed or, the circumstances of are registered medical practitioner not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer, the services of appointed illness, the so be entitled to paid sick leave— (aa) where no hospitalization is necessary— (i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years; (ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years; (iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or 69 Ordinan Buruh Sabah (Pindaan) 69 (bb) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer: Provided that the total number of days of paid sick leave in a calendar year which an employee is entitled to under this section shall be sixty days in the aggregate: And provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason, the employee shall be deemed to be hospitalised for the purposes of this section.
(2) An employee shall also be entitled to paid sick leave under paragraphs (aa) and (bb) of subsection (1) after examination by a dental surgeon as defined in the Act 51.

Dental Act 1971: Provided that the entitlement for such sick leave shall be inclusive of the number of days provided for under paragraphs (aa) and (bb) of subsection (1).
(3) An employee who absents himself on sick leave— (a) which is not certified by a registered medical practitioner or a medical officer or a dental surgeon as provided under subsections (1) and (2); or (b) which is certified by such registered medical practitioner or medical officer or dental surgeon inform his but without employer of such sick forty-eight hours of the commencement thereof, to leave within informing or attempting shall be deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
(4) The employer shall pay the employee his ordinary rate of pay for every day of such sick leave, and an employee on a monthly rate of pay shall be deemed to 70 70 Rang Undang-Undang have received his sick leave pay if he receives from his employer his monthly wages, without abatement in respect of the days on which he was on sick leave, for the month during which he was on such sick leave.
the employee (5) No employee shall be entitled to paid sick leave for the to maternity period during which allowance under section 83 or for any period during which he is receiving any compensation for temporary disablement under the Workmen's Compensation Act 1952, or any periodical payments for temporary disablement under the Employees' Social Security Act 1969. is entitled Termination, lay-off and retirement benefits.

(1) The Minister may by 104F.


Ordinance provide for the entitlement of employees to, and for the payment by employers of— rules made under this (a) termination benefits; (b) lay-off benefits; or (c) retirement benefits.
(2) Without prejudice to the generality of subsection (1), rules made by virtue of subsection (1) may provide— (a) for the definition of benefits", b e n e f i t s " , a s circumstances in which the same shall be payable; t h e c a s e m a y b e , a n d f o r the expressions "termination "retirement benefits", t h e "lay-off or (b) for thereof the application to employees who were i n e mp l o y me n t u n d e r a c o n t r a c t o f s e r v i c e commencement of immediately before such the in such employment after rules and who continue such commencement; to all employees generally the application to any particular class, category or description thereof (c) for or of employees; (d) for the exclusion from thereof of any particular employee or employees or any class, category or description of employees; and the application 71 Ordinan Buruh Sabah (Pindaan) 71 (e) for the payment of different rates or amounts of termination benefits, lay-off benefits or retirement benefits, as the case may be, to different classes, categories or descriptions of employees."
Pindaan seksyen 105 79.

Seksyen 105 Ordinan dipinda— (a) dengan memotong subseksyen (1); dan (b) dalam subseksyen (2)— (1) dengan menggantikan perkataan terdapat dengan perkataan "worker" di mana- "employee"; jua mana dan (ii) dengan menggantikan perkataan "amount of work done and not by the day" dengan perkataan "task, that is, the specific amount of work to be performed, and not by the day or by the piece".

Pemotongan seksyen 106 80.

Ordinan dipinda dengan memotong seksyen 106.

Pindaan seksyen 107 81.


Seksyen 107 Ordinan dipinda dengan menggantikan perkataan "prescribed" dengan perkataan "paid".

Seksyen baru 107A dan 107B 82.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 107 “Wage period.

107A.

(1) A contract of service shall specify a wage period not exceeding one month.

(2) If in the contract of service no wage period is specified, the wage period shall, for the purposes of the contract of service, be deemed to be one month.
72 72 Rang Undang-Undang Wages not due for absence from work through imprisonme nt or 107B.
Wages shall not become payable to or recoverable by any employee from his employer for or on account of the term of any sentence of imprisonment undergone by him or for any period spent by him in custody or for or returning from prison or other place of custody or for or on account of any period spent by him in going to, attending ' s b e h a l f . "
Pindaan seksyen 108 83.
Seksyen 108 Ordinan dipinda- (a) dalam subseksyen (1)- (i) dengan memotong perkataan "payable monthly"; (ii) dengan menggantikan perkataan "ten" dengan perkataan "seven"; dan (iii) dengan memasukkan sebelum perkataan "period" perkataan "wage"; (b) dalam subseksyen (2)- (i) dengan menggantikan noktah pada hujung subseksyen itu dengan noktah bertindih; dan (ii) dengan memasukkan selepas subseksyen itu proviso yang berikut: "Provided that if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.
"; (c) dalam subseksyen (3), dengan menggantikan perkataan "prescribed" dengan perkataan "gazetted"; (d) dalam subseksyen (4), dengan memotong perkataan "or 26"; dan (e) dalam subseksyen (5) — (i) dengan memotong perkataan "or by the terms of any contract"; dan (ii) dengan menggantikan perkataan "tenth" dengan perkataan "seventh".

73 Ordinan Buruh Sabah (Pindaan) 73 Pindaan seksyen 109 84.
Ordinan dipinda dengan menggantikan seksyen 109 dengan seksyen yang berikut: “Restriction on places at which wages may be paid.

109.

No employer shall pay wages to employees in taverns or other similar establishments or in places of amusement or in shops or stores for the retail sale of merchandise except in the case of employees employed in such establishments, places, shops or stores."

Pindaan seksyen 110 85.
Seksyen 110 Ordinan dipinda- (a) dengan menomborkan semula peruntukan yang sedia ada sebagai subseksyen (1) seksyen itu; (b) dalam subseksyen (1), dengan menggantikan "permitted by perkataan this "prescribed" dengan perkataan Ordinance"; dan (c) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: "(2) Every employee shall be entitled to recover in the courts or before the Director acting under section 7A SO much of his wages, exclusive of sums lawfully deducted under section 113, as shall not have been actually paid to him in legal tender or paid to him by any of the ways under section 110A.
(3) Where payment of wages is made in cash it shall be made on working days only and at or near the workplace."

Seksyen baru 110A 86.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 110 “Payment of wages through bank.

110A.
(1) Nothing in section 110 shall operate so as to render unlawful or invalid any payment of wages by the 74 74 Rang Undang-Undang Act 372. employer to the employee with the employee's written consent in any of the following ways: (a) payment into an account at a bank or a finance company licensed under the Banking and Financial Institutions Act 1989 in any part of Sabah being an account in the name of the employee or an account in the name of the employee jointly with one or more other person, not being his employer; (b) payment by cheque made payable to or to the order of the employee.
(2) The consent of the employee under this section may be withdrawn by him at any time by notice in writing given take effect at but not before the end of the period of four weeks beginning with the day on which the notice is given.

the employer; and such notice shall to (3) The consent of the employee to the mode of payment of wages under subsection (1) shall not be unreasonably withheld or, if granted, shall not be unreasonably withdrawn by the employee notwithstanding subsection (2).
(4) Any dispute as to whether an employee has the unreasonably withheld or withdrawn his consent mode of payment of his wages under subsection (1) shall be referred the matter to shall be final."

the Director whose decision on to Pemotongan seksyen 111 87.

Ordinan dipinda dengan memotong seksyen 111.

Pindaan seksyen 112 88.
Seksyen 112 Ordinan dipinda- (a) dalam nota birai, dengan menggantikan perkataan "Stipulations as to place and manner of spending wages" dengan perkataan "Conditions restricting place at which, manner in which, and person with whom wages paid to be spent,"; 75 Ordinan Buruh Sabah (Pindaan) 75 (b) dengan menggantikan perkataan "in any agreement or terms" in any contract of service"; the employment of any worker any contract for dengan perkataan "any condition dan (c) dengan menggantikan or perkataan contract between an employer and a worker containing such illegal, null and void" dengan perkataan "any such condition in a contract of service shall be void and of no effect".
terms shall be agreement "every Pindaan seksyen 113 89.
Seksyen 113 Ordinan dipinda- (a) dalam nota birai, dengan menggantikan perkataan recover wages" dengan right to "Deductions and worker's perkataan "Lawful deductions"; (b) dalam subseksyen of any written law"; (1), dengan memotong perkataan "or (c) dengan menggantikan subseksyen (2), (3) dan (4) dengan subseksyen yang berikut: "(2) It shall be lawful for an employer to make the following deductions: (a) deductions to the extent of any overpayment of immediately preceding the wages made during three months from in which deductions the month are to be made, by the employer to the employee by the employer's mistake; (b) deductions for the indemnity due to the employer by the employee under subsection (1) of section 12; (c) deductions for the recovery of advances of wages is interest made under section 102 provided no charged on the advances; and (d) deductions authorized by any other written law.
76 Rang Undang-Undang (3) The following deductions shall only be made at the request in writing of the employee: 76 (a) deductions the payments in respect of to a registered thrift and trade union or co-operative loan society of any sum of money due to the trade union or society by the employee on account instalments and subscriptions, fees, of entrance interest on loans or other dues; and (b) deductions shares of sale by employee.
in respect of the employer's business offered the employer and purchased by the payments for any for the (4) The following deductions shall not be made except at the request in writing of the employee and with the prior permission in writing of the Director: (a) deductions respect of payments in superannuation employer's welfare insurance established for the benefit of the employee; provident scheme or scheme, into any fund, scheme (b) deductions in of wages made 102 where and deductions the interest so levied; interest respect of repayments of advances to an employee under section the advances the payments of levied on in respect of is (c) deductions in respect of payments to a third party on behalf of the employee; (d) deductions in respect of payments for the employee of any goods of by business offered for sale by the employer; and the purchase the employer's (e) deductions in respect of the rental for food the the employee's request or under the employee's contract of service.
"; accommodation and and meals provided by employee at the terms of dan the cost of services, the employer to (d) dengan memasukkan selepas subseksyen (4) subseksyen yang berikut: "(5) The Director shall not permit any deduction for payment under paragraph (e) of subsection (4) unless he is satisfied that the provision of the accommodation, services, food or meals is for the benefit of the employee.
77 Ordinan Buruh Sabah (Pindaan) 77 an (6) Where employee obtains foodstuffs, provisions or other goods on credit from a shop the business of which is carried on by a co-operative society registered Act502.
under the Co-operative Societies Act 1993, it shall be lawful for his employer, at the request in writing of the employee and with the agreement of the manager of the co-operative shop to make deductions from the wages of the employee of an amount not exceeding the amount of the credit and to pay the amount so deducted to the manager in satisfaction of the employee's debt.
(3), (2), (7) Notwithstanding (6) subsections the Director, on an application by an employer or a specified class or classes of employers, may permit any deduction the wages of an employee for a specified purpose from or a specified class or classes of employees subject to such conditions as he may deem fit to impose.
(4) and (8) The this section total of any amounts deducted under from the wages of an employee in respect of any one month shall not exceed fifty per centum of the wages earned by that employee in that month.
(9) The limitation in subsection (8) shall not apply to- (a) deductions employer section 12; from indemnity payable by an to an employee under subsection (1) of the (b) deductions from the final payment of the wages of an employee for any amount due to the employer and remaining unpaid by the termination of the employee's contract of service; and the employee on (c) deductions for the repayment of a housing loan which, subject to the prior permission the fifty in writing of limit by an additional amount of not per centum more the wages twenty-five per centum of than earned."
the Director, may exceed 78 78 Rang Undang-Undang Pindaan seksyen 114 90.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 114 dengan 114.

No employer shall- (a) make any deduction; off (b) receive any payment, from any employee by way of discount, interest or any similar charge on account of any advance or advances of wages made to an employee in anticipation of the regular date for the payment of wages, where such advance or advances do not exceed in the aggregate one month's wages."
Pindaan seksyen 115 91.

Seksyen 115 Ordinan dipinda dengan memasukkan perkataan "this Ordinance" perkataan "or any rules made hereunder,".

selepas Pindaan seksyen 116 92.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 116 dengan “Remunera- tion other than wages.

116.
116.

(1) Nothing in this Chapter shall render illegal acontract of service with an employee under which the employer agrees to provide the employee with house accommodation, food, fuel, light, water, medical attendance, or any approved amenity or approved service in addition to wages but no employer shall provide any employee with any intoxicating liquor as part of the terms of a contract of service.
(2) The Director may, on application made to him in writing by an employer, approve in writing any amenity or service as an approved amenity or approved service, and in granting such approval the Director may make such modifications or impose such conditions, as he may deem proper.

79 Ordinan Buruh Sabah (Pindaan) 79 (3) Any person who the Director under subsection (2) may, within of days of such decision being communicated in writing to the Minister.
is dissatisfied with any decision thirty to him, appeal (4) On any appeal made to him under subsection (3), the Minister may make such decision or order as appears just, and such decision or order shall be final."

Seksyen baru 116A, 116B dan 116c 93.

Ordinan dipinda dengan memasukkan selepas seksyen 116 seksyen yang berikut: “Priority of wages over other debts.

116A.
(1) Where by order of a court made upon the application of any person holding a mortgage, charge, lien or decree (in this section referred to as "the secured creditor") or in the exercise of rights under a debenture the property of any person (in this section referred to as "the person liable") liable under any of the provisions of this Ordinance to pay the wages due to any employee or to pay money due to any subcontractor for labour is sold, or any money due to the person liable is attached or garnished, the Court or the receiver or manager shall not authorize payment of the proceeds of the sale, or of the money so attached or garnished, to the secured creditor or the debenture holder until the Court or the receiver or manager has ascertained and caused to be paid, out of such proceeds or money, the wages of such employee, or the money due to any subcontractor for labour under a contract between him and the person liable, which the person liable was liable to pay at the date of such sale, attachment or garnishment: Provided that this section shall only apply to the sale of a place of employment on which— (a) any employee to whom wages are due as aforesaid; (b) any employee to whom wages are due by such subcontractor for labour as aforesaid; (c) any subcontractor for labour to whom money o w e d o n a c c o u n t o f subcontractor for labour as aforesaid, t h e s u b c o n t r a c t b y is t h e 80 80 Rang Undang-Undang was employed or worked at the time when such wages were earned or such money accrued due, and to the proceeds of the sale of any products of such place of employment and of any movable property therein used in connection with such employment and to any money due to the person liable on account of work performed by such employee or subcontractor for labour or derived from the sale of the products of such work: Provided further that— (a) where the person liable is an employer, the total amount of the wages of any employee to which priority over the claim of a secured creditor is given by this
 section shall not exceed the amount the employee as wages due by for any four consecutive months' work; the employer to (b) where the person liable is a principal and where the wages are claimed from such principal under section 116c, the total amount of the wages of any employee the claim of a secured creditor is given by this section shall not exceed the amount due by the principal to the contractor at the date of the sale, attachment or garnishment unless is also a subcontractor for labour; to which priority over the contractor (c) where liable the person t o t a l a m o u n t d u e labour is a contractor or to a subcontractor subcontractor who owes money t o s u c h t h e l a b o u r , f o r subcontractor to which priority over for the claim of a secured creditor is given by this section shall not exceed the amount due by such to his employees labour subcontractor labour (including any for under for labour) for any four consecutive months' work.
for further first-mentioned subcontractors subcontractor such (2) In this section, except for the second proviso to subsection (1), "wages" includes termination and lay-off benefits, annual leave pay, sick leave pay, public holiday pay and maternity allowance.

81 Ordinan Buruh Sabah (Pindaan) 81 Reference by the Court to Director.

116B.
116B.

(1) For the purposes of ascertaining the amount due to any employee or subcontractor for labour under section 116A, the court or the receiver or manager may refer the question to the Director with a request that he hold an inquiry into the matter and forward his findings to the court or the receiver or manager, and the Director shall comply with any such request.
(2) For the purpose of any inquiry under subsection (1), the Director shall have all the powers conferred upon him by paragraph (f) of section 7F and section 7o shall have effect as if the inquiry were being held under section 7A.

Liability of principals and contractors for wages.

116c.
(1) Where a principal in the course of or for the purposes of his trade or business, contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, and any wages are due to any employee by the contractor or any subcontractor under the contractor for work done in the course of the performance of the contract, the principal and the contractor and any such subcontractor (not being the employer) shall be jointly and severally liable with the employer to pay such wages as if that employee had been immediately employed by the principal and by the contractor and any such subcontractor: Provided that— (a) (b) (c) in the case of a contract for constructional work, the principal shall not be liable for the payment of wages under this subsection unless he is also a constructional contractor or a housing developer; (not being th e p r in c ip a l, a n d subcontractor n o t b e subsection for more for any three consecutive months; and th e c o n tr a c to r a n d a n y shall the employer), t h i s t o a n y e mp l o y e e u n d e r to him the wages due l i a b l e than shall have the principal for instituted proceedings the employee against the recovery of his wages or made a complaint to the Director under Chapter IIA within ninety days from the date on which such wages became due for payment by 82 82 Rang Undang-Undang his employer in accordance with the provisions for the payment of wages contained in Part IV.
(2) Any person, other than the employer, who has paid wages under this section to the employee of any employer may institute civil proceedings against such employer for the recovery of the amount of wages so paid."

Bab baru XIVA 94.

Ordinan dipinda dengan memasukkan selepas seksyen 116c tajuk yang berikut: "CHAPTER XIVA Employment of non- resident employee".

Pemotongan seksyen 117 95.

Ordinan dipinda dengan memotong seksyen 117.

Pindaan seksyen 118 96.


Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 118 dengan “Employ- ment of non- resident employee and (1) No person 118. employee unless he has obtained a Licence to Employ Non-Resident Employee.
shall employ any non-resident from the Director (2) The power of the Director to issue a Licence to Employ Non-Resident Employee shall be subject to the laws on immigration applicable to Sabah and such Licence shall be in such form and subject to such conditions as may be prescribed."

83 Ordinan Buruh Sabah (Pindaan) 83 Seksyen baru 118A, 118B, 118C, 118D dan 118E 97.
Ordinan dipinda dengan memasukkan selepas seksyen 118 seksyen yang berikut: “Duty to furnish information and returns (1) An employer who employs a non-resident 118A.

employee shall, within fourteen days of the employment, furnish the nearest office of the Director with the particulars of the non-resident employee in such manner as may be determined by the Director.
(2) An employer or any specified class or classes of employers, whenever required to do so by the Director, shall furnish returns of particulars relating to the employment of a non-resident employee in such manner and at such intervals as the Director may direct.

118B.
118B.

The Director may inquire into any complaint from a resident employee that he is being discriminated against in relation to a non-resident employee, or from a nonresident employee that he is being discriminated against in relation to a resident employee, by his employer in respect of the terms and conditions of his employment; and the Director may issue to the employer such directives as may be necessary or expedient to resolve the matter.

118c.
118c.

No employer shall terminate the contract of service of a resident employee for the purpose of employing a non-resident employee.

118D.

Where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a resident employee unless he has first terminated the services of all nonresident employees employed by him in a capacity similar to that of the resident employee.

118E.
118E.

For the purposes of this Chapter, the term "non- resident employee" shall not include a non-resident employee who is a permanent resident of Sabah."

Director may inquire into complaint.

Prohibition on termination of resident employee for non- resident employee.

Termination of employmen t by reason of redundancy.

Permanent resident exemted from this Chapter.

84 84 Rang Undang-Undang Pemotongan seksyen 119 hingga 121 98.
O r d i n a n d i p i n d a d e n g a n m e m o t o n g 121. s e k s y e n 1 1 9 , 1 2 0 d a n Pindaan tajuk Bahagian V 99.

Tajuk Bahagian V Ordinan dipinda dengan memasukkan perkataan R U L E S , S A V I N G S A N D R E P E A L " .

", OFFENCES, "PROCEDURE" perkataan selepas PENALTIES, Pindaan tajuk Bab XVI 100.

Tajuk Bab XVI Ordinan dipinda dengan menggantikan perkataan "Procedure" dengan perkataan "General".

Pemotongan seksyen 122 dan 123 101.

Ordinan dipinda dengan memotong seksyen 122 dan 123.
Seksyen baru 123A, 123B dan 123c 102.

Ordinan dipinda dengan memasukkan seksyen yang berikut: selepas seksyen 123 “Prosecutio 123A.

NO prosecution shall be instituted for an offence under this Ordinance or any rules made under this Ordinance without the consent in writing of the Public Prosecutor.

Power of court imposing fine.

Effect of imprison- ment.

123B.


When under this Ordinance any court imposes a fine or enforce the payment of any sum secured by bond, the court may, if it thinks fit, direct that the whole or any part of such fine or sum when recovered be paid to the party complaining .
t h e imprisonment suffered under the Ordinance for nonpayment of the amount of any fine, together with the costs assessed and directed to be paid by any order of court, the amount so ordered shall be deemed to be liquidated and discharged, and the order shall be annulled."

o f a n y 85 Ordinan Buruh Sabah (Pindaan) 85 Pindaan seksyen 124 103.

Ordinan dipinda dengan menggantikan seksyen 124 dengan seksyen yang berikut: “Right of audience.

124.
124.

The Director, or any officer authorized in writing by the Director, shall have the right to appear and be heard before a Magistrate Court or a Sessions Court in any civil proceedings under or arising out of this Ordinance, or any rules made under this Ordinance; and such right shall include the right to appear and represent an employee in any such proceedings."

Seksyen baru 125A 104.

Ordinan dipinda dengan memasukkan selepas seksyen 125 seksyen yang berikut: “Protection of Director and officers.
125A.

NO suit shall lie against the Director and all officers duly appointed or authorized under this Ordinance for anything done or omitted to be done by him in good faith without negligence and in the intended exercise of any power conferred or performance of any duty imposed by this Ordinance."

Pemotongan seksyen 126 105.

Ordinan dipinda dengan memotong seksyen 126.

Pindaan seksyen 127 106.


Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 127 dengan “Saving clause as to civil jurisdiction of court.

127.

Nothing in this Ordinance shall be construed as preventing any employer or employee from enforcing his civil rights and remedies for any breach or non-performance of a contract of service by any suit in court in any case in which proceedings have not been instituted before the Director under section 7A or, if instituted, have been withdrawn."
86 Rang Undang-Undang Pindaan seksyen 128 86 107.

Seksyen 128 Ordinan dipinda dalam memasukkan selepas perkataan "whose duty Ordinance" perkataan "or under any rule made hereunder".

subseksyen it (1) dengan this is under Pindaan seksyen 129 108.
Seksyen 129 Ordinan dipinda— (a) dalam subseksyen (1)— (i) dengan memasukkan selepas perkataan "section 6" perkataan "and Chapter IIA"; dan (ii) dalam perenggan (b) proviso, dengan memasukkan perkataan "domestic" sebelum perkataan "servant"; (b) dalam subseksyen (2) — (i) dengan menggantikan perkataan "company" di mana-mana jua terdapat dengan perkataan "corporation"; dan (ii) dalam perenggan (b), dengan menggantikan perkataan "Sabah" dengan perkataan "Malaysia"; (c) dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: "(2A) When such summons is addressed to a firm, it may be served— (a) by leaving a copy thereof, signed by the Director, the partnership the principal place at which at business is carried on; (b) by sending such copy by registered post in a letter addressed to the firm at its principal office, whether such office be situated within Malaysia or elsewhere; or (c) by delivering such copy to any one or more of the partners in such firm or to any person having, at the time of service, the control or management the principal place of at which is carried on within Malaysia.
"; the partnership business at the partnership business 87 Ordinan Buruh Sabah (Pindaan) 87 (d) dalam subseksyen (4), dengan menggantikan perkataan "outdoor" dengan perkataan "outer door" (e) dalam subseksyen (7), dengan memasukkan perkataan "thinks fit" perkataan ", or may order substitution of service of notice by advertisement in Gazette and the Director may think fit.

"; dan selepas the the local newspaper or newspapers as in such (f) dalam subseksyen the Health Officer".
(10), dengan memotong perkataan "or Seksyen baru 129A 109.

Ordinan dipinda dengan memasukkan selepas seksyen 129 seksyen yang berikut: “Incapacity of Director hearing inquiry.

129A.
129A.

Where the Director has, for the purpose of inquiring into any matter under this Ordinance, taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding such inquiry, any successor to such Director or other officer may deal with such evidence or memorandum as if he had taken it down or made it and proceed with the inquiry from the stage at which such Director left it."

Pemotongan seksyen 130 110.

Ordinan dipinda dengan memotong seksyen 130.


Bab baru XVIA dan XVIB 111.

Ordinan dipinda dengan memasukkan Bab yang berikut: selepas seksyen 130 Under section 3 to 6.

"CHAPTER XVIA Offences and penalties 130A.
Any person who— (a) refuses the Director exercising his powers under this Ordinance, access to any premises or any part thereof; 88 88 Rang Undang-Undang (b) assaults, obstructs, hinders or delays the Director in effecting any entrance into any premises or any part thereof which he is entitled to effect; (c) furnishes he knows or has reason to believe to be false; or the Director as true, information which (d) fails to produce, or conceals or attempts any document which he may be required under Director in effecting possession of the documents, this Ordinance or hinders or obstructs to conceal to produce the commits an offence and shall be liable to a fine of ten thousand ringgit and in the case of a continuing offence, to a fine of one hundred ringgit for every day during which such offence is continued after conviction.
Offence in connection with inquiry or inspection.

130B.

In any inquiry, investigation, entry or inspection made by the Director, or by any officer lawfully exercising the powers of the Director under this Ordinance, any person committing with respect to such inquiry, investigation, entry or inspection any offence described in Chapter X of the Penal Code shall on conviction be punished as prescribed in such Chapter.

130c.

If— Under Chapter 11A.
(a) any person fails to comply with an order or decision of the Director made under subsection (1) of section 7A, subsection (1) of section 7c or subsection (1) of section 7D; or (b) any employer prevents or attempts employee Chapter IIA, from appearing before to prevent any the Director under he commits an offence and shall be liable on conviction, to a fine not exceeding ten thousand ringgit or in default thereof to imprisonment for six months or to both and in the case of a continuing offence, be liable to a daily fine not exceeding one hundred ringgit for each day during which such offence is continued after conviction.
89 Ordinan Buruh Sabah (Pindaan) 130D.

Every 130D.

89 Under Chapter IV Every employer who- (a) fails to make payment provisions of section provisions of section 13; or in accordance with 10 or contravenes the the (b) fails to comply with the provisions of Chapter IV (other than sections 10 and 13); commits an offence, and shall be liable on conviction to a fine not exceeding ten thousand ringgit.'

130E.
An employer who— Under Chapter X (a) being an owner of any estate, mine or factory to the to comply with which section 57 applies, fails requirements of that section; (b) fails to keep a register required under section 58 or 94A, or to preserve the register for a period of not less than six years; (c) destroys, alters or mutilates referred to in paragraph (a), or causes or permits the register to be destroyed, altered or mutilated; register the (d) fails 58A; to comply with any rules made under section (e) reasonable cause fails, without (proof of which shall lie on him), to forward to the Director such returns as are prescribed under section 59 or forwards any of it contains the returns knowing any false particulars; or that (f) to give notice under section 59A or gives fails such notice containing any false particulars, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.
Under Chapter XI 130F.

(1) Any person contravening any of the provisions of chapter XI or of any rule or order made thereunder or who being the parent or guardian of a child or young person knowingly acquiesces in any such contravention 90 90 Rang Undang-Undang in respect of such child or young person, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) On the conviction of any person for an offence under subsection (1) the Director shall, if the person convicted is the holder of a licence under any written law in force on entertainment, inform the licensing authority concerned of the particulars of such conviction and the licensing authority may take such action as it considers appropriate.

Under Chapter XIA 130G.


An employer of a offence if the female employee is employed contrary to sections 75, 78 or 78A and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

female employee commits an 130H.
Any employer who— Under Chapter XIB (a) fails to grant maternity leave to a female employee employed by him and entitled thereto under Chapter XIB; (b) fails to pay the maternity allowance to a female thereto employee employed by him and entitled under Chapter XIB or to her nominee, or to her personal legal representative; (c) to pay maternity allowance fails prescribed in section 85; in the manner (d) dismisses a female employee from her employment during the period in which she is entitled to maternity leave; or (e) contravenes the provisions of section 91A or 94A, commits an offence and shall be liable on conviction, to a fine not exceeding ten thousand ringgit and shall also— (aa) in the event of a conviction for an offence under paragraph (a), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she may be entitled under Chapter XIA in 91 Ordinan Buruh Sabah (Pindaan) 91 respect of every day on which the female employee had worked during the eligible period referred to in paragraph (b) of subsection (1) of section 83, the payment so ordered being in addition to the wages payable to her, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court; and (bb) in the event of a conviction for an offence under paragraph (b), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she is entitled, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
Under Chapter XII 130i.

Any employer who contravenes or fails to comply with the provisions of sections 96 and 98 shall be liable on conviction to a fine not exceeding ten thousand ringgit.

130j.
Any employer who— Under Chapter XIV (a) makes to any employee any advance of wages in excess of that permitted under section 102; (b) contravenes any of the provisions of section 104B; (c) fails to pay the wages or indemnity due to any employee within in section 108; time prescribed the (d) pays wages, in a contract imposes any condition of service or makes any deduction or receives any payment in contravention of section 109,110,1 10A, 112 or 114; (e) makes deductions from the wages of an employee than such deductions as are authorized by other section 113; (f) gives any remuneration for services or any payment from an employer contrary provisions of this Ordinance; receives the to (g) fails to comply with any order of the Director; 92 92 Rang Undang-Undang Penalties for failure or non- compliance in relation to rest days, overtime, holidays, annual leave and sick leave.
(h) provides any employee as part of the terms of his contract of service with any amenity or service or any intoxicating liquor in contravention of section 116; or (i) requires any employee to work on any occasion or under any circumstances which it is unlawful for him to require such employee to work, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

130K.
130K.

(1) Any employer who fails to pay to any of his employees wages for work done by his employee on a rest day or pays wages less than the rate provided under section 104c, commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the wages due for work done on every rest day at the rate provided under section 104c, and the amount of such wages shall be recoverable as if it were a fine imposed by such court.
subsidiary legislation made (2) Any employer who fails to pay to any of his employees any overtime wages as provided under this thereunder Ordinance or any commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the overtime wages due, and the amount of overtime wages so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
the employee concerned (3) Any employer who fails to pay to any of his employees wages as provided under section 103, commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the the wages due for any work done on employee concerned any such holiday at the rate provided under section 103, and the amount of wages so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
(4) Any employer who fails to grant to any of his thereof as provided employees annual under section 104D, commits an offence, and shall also, leave or any part 93 Ordinan Buruh Sabah (Pindaan) 93 on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the ordinary rate of pay in respect of every day of such leave not so granted, the payment so ordered being in addition to the wages payable to the employee for the work done on any such day, and the amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
(5) Any employer who fails to grant sick leave, or fails to pay sick leave pay, to any of his employees, as provided under section 104E, commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the sick leave pay for every day of such sick leave at the rate provided under section 104E, and the amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
Under Chapter XIVA to comply with Chapter 130L.

An employer who fails XIVA, or any person who forges, alters or tampers with a Licence To Employ Non-Resident Employee or any person in possession of a forged, altered or tampered Licence To Employ Non-Resident Employee, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for six months or to both.

General penalty.

130M.


Any person who commits any offence under this Ordinance or or any rule, order or other subsidiary legislation made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thousand ringgit.

Power to compound offences.

130N.


(1) The Director, Deputy Directors of Labour or Senior Assistant Directors of Labour appointed under paragraph (a) or (b) of subsection (1A) of section 3 may, compound any offence committed by a person which is punishable under this Ordinance or any rule made under this Ordinance.
(2) The Director, a Deputy Director of Labour or a Senior Assistant Director of Labour may, in a case where he deems it fit and proper so to do, compound an offence 94 94 Rang Undang-Undang by making a written offer to the person who has committed the offence to compound the offence on payment to the Director, Deputy Director of Labour or Senior Assistant Director of Labour as the case may be, within such time as may be specified in the offer, of such sum of money, as may be specified in the offer, which shall not exceed fifty per centum of the amount of the maximum fine (including the daily fine, if any, in the case of a continuing offence) to which the person would have been liable if he had been convicted of the offence.
it has been the offer (3) An offer under subsection (2) may be made at any the offence has been committed, but before time after the instituted, and where any prosecution for is not paid within the time amount specified in the offer, or within such extended period as specified the Director, Deputy Director of Labour or Senior Assistant Director of Labour may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
in (4) Where an offence has been compounded under subsection (2) — (a) no prosecution shall thereafter be respect of the offer to compound was made; and the offence against the person instituted in to whom (b) any book, register or document seized in connection with the offence shall be released immediately.

(5) Any moneys paid the Director, Deputy Directors of Labour or Senior Assistant Directors of Labour pursuant to subsection (2), shall be paid into and form part of the Federal Consolidated Fund.
to CHAPTER XVIB Rules Power to make rules.

(1) The Minister may 130o.

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.
from time to time, after 95 Ordinan Buruh Sabah (Pindaan) 95 (2) Without prejudice to the generality of the foregoing, the Minister may make rules — (a) limiting subsection (1A) of section 3; the powers of officers appointed under (b) prescribing the employees may work at night; conditions under which female the rate of (c) prescribing which the eligible period; female employees the maternity allowance to shall be entitled during (d) prescribing the maximum period during which to a notice of dismissal given by her employer female employee who is absent from her work as a result of illness certified by a registered medical to arise out of her pregnancy or practitioner confinement shall not expire; (e) prescribing the times which employees shall be entitled to take off from work for meals and which they shall be entitled or required to take off for rest; (f) prescribing the order required this Ordinance; form of any to be kept, register, summons or issued or made under (g) prescribing for sending the procedure issued or made under summonses, warrants and orders this Ordinance in Sabah for service or execution in the Republic of Singapore and Brunei, and making in Sabah provisions for of summonses, warrants and orders issued or made in the Republic of Singapore and Brunei; the service or execution (h) prescribing fees to be paid for filing of claims under section 7A and for copies of notes of evidence recorded under Chapter IIA; (i) prescribing the contents of a written contract required under subsection (3) of section 18; 96 96 Rang Undang-Undang (j) to provide for the application of all or any of the provisions of the Ordinance to all domestic servants and to provide generally for the engagement, repatriation and working conditions of domestic servants; (k) to provide for the entitlement of employees and the lay-off and termination, payment by employers of retirement benefits; (I) to prescribe the conditions for the employment of part-time employees, including the manner in which the hours of work of such
 employees are to be computed for the purposes of determining whether such employee falls within the definition of a part-time employee; (m) to regulate the employment of children and young persons and may specify— (i) the form of licence to be issued under section 73D and the conditions and restrictions to be attached to such licence; (ii) the time which children and young persons employed shall be entitled to take off from work for meals or rest periods; and (iii) the procedure to be followed by any Board appointed under subsection (2) of section 74A; (n) to regulate the manner and form in which applications shall be made for a Licence To Employ Non-Resident Employee under this Ordinance and may— (i) specify the particulars to be furnished upon every such application; (ii) specify the conditions under which any licence may be issued; (iii) prescribe the form of licence; (iv) prescribe the fees payable therefor and the particulars to be set forth therein; 97 Ordinan Buruh Sabah (Pindaan) 97 (v) determine the security to be furnished by applicant for licence; (vi) require records to be kept by licensee; and (vii) prescribe the maximum duration employment of non-resident employee; for the (o) provide for the establishment of a Fund or Board or other method of recovering the discharge of any liabilities and the expenses "of recruitment and repatriation of employees upon such terms and conditions and subject to such control as he deems necessary; and (p) to prescribe for the calculation of overtime for piece rated employees under subsection (10) of section 104.
(3) Any such rule may provide a penalty for the breach or contravention thereof not exceeding a fine often thousand ringgit."

Pindaan seksyen 131 112.

Seksyen 131 Ordinan dipinda dengan menggantikan perkataan "any other Ordinance" dengan perkataan "any other written law".

Pindaan seksyen 132 113.

Ordinan dipinda dengan menggantikan seksyen yang berikut: seksyen 132 dengan “Savings and transitional of contracts, etc., entered into before this Ordinance.

132.
Any contract of service lawfully entered into between any employer and any employee and any licence issued under section 118 valid and in force before the date of coming into f o r c e o f t h i s O r d i n a n c e s h a l l , i f i t i s s t i l l legally binding upon the parties, continue to be in force a f t e r s u c h d a t e a n d , s u b j e c t t o t h e e x p r e s s p r o v i s i o n s contained in such contract or licence, the parties thereto shall be subject and entitled to the benefit of the provisions of this Ordinance within six months from the date of coming into operation of this section."
98 98 Rang Undang-Undang Jadual baru 114.

Ordinan dipinda dengan memasukkan selepas seksyen 132 Jadual yang berikut: "SCHEDULE [Subsection (2) of section 2] Employee Provision of the Ordinance not applicable 1.

Any person, contract of irrespective of his into occupation, who has entered an service with a employer such which person's wages do not exceed two thousand ringgit a five hundred month.

under 2.
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 engaged is labour including as an artisan or apprentice: in manual labour such 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 is time during which he 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 in the engaged operation or maintenance of any mechanically propelled vehicle operated the transport of passengers or goods or for reward or for commercial purposes; for 99 Ordinan Buruh Sabah (Pindaan) 99 Employee Provision of the Ordinance not applicable (c) he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work; (d) he is engaged in recruiting employees; (e) he is engaged in any capacity in any vessel registered in Malaysia and who — (i) is not an officer certificated under the Shipping Merchant Acts of the United Kingdom as amended from time to time; certificate (ii) is not the holder of a local as defined in Part VII of the Merchant Shipping Ordinance 1952; or (iii) has not entered into an agreement under Part the Merchant III of Shipping Ordinance 1952; or (f) he is engaged as a domestic servant.
For the purpose of this Schedule, "wages" means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment."
"ordinary Definition of rate of pay" in section 2, sections 103, 104, 104A, 104B, 104C, 104D, 104E and (2) of section 105. subsection Definition of "ordinary rate in section 2, of pay" sections 11, and 10 subsections (1) and (2) of section 13, sections 57, 58, Chapter XIB, sections 102, 103, 104, 104A, 104B, 104C, 104D, 104E, 104F, subsection (2) of section 105 and Chapter XIVA except section 118.
100 100 Rang Undang-Undang HURAIAN Rang Undang-Undang ini bertujuan untuk meminda Ordinan Buruh Sabah ("Ordinan").

2.

Fasal 1 mengandungi tajuk ringkas dan permulaan kuat kuasa Akta yang dicadangkan.

3.

Fasal 3 bertujuan untuk meminda seksyen 2 Ordinan untuk mengadakan peruntukan bagi takrif baru supaya selaras dengan Akta Kerja 1955 [Akta 265] dan untuk memasukkan subseksyen baru untuk memberi Menteri kuasa untuk meminda Jadual Pertama dan menyatakan pemakaian peruntukan Ordinan melalui perintah.

4.
4.

Fasal 4 bertujuan untuk memasukkan seksyen baru 2A dan 2B ke dalam Ordinan untuk memberi Menteri kuasa untuk melarang penggajian seseorang selain penggajian di bawah kontrak perkhidmatan dan untuk mengecualikan seseorang daripada peruntukan Ordinan atau tidak memasukkan seseorang ke dalam peruntukan Ordinan.

5.

Fasal 5 bertujuan untuk meminda seksyen 3 Ordinan untuk memberi Menteri kuasa untuk melantik dua kategori baru pegawai.
Fasal ini juga bertujuan untuk meminda subseksyen (2) Ordinan yang memperuntukkan bahawa rayuan hanya boleh dibuat kepada Pengarah.

6.

Fasal 6 bertujuan untuk memasukkan seksyen baru 3A ke dalam Ordinan untuk memberi Pengarah kuasa untuk mengeluarkan pengenalan rasmi kepada pegawai yang diberi kuasa.

7.
7.

Fasal 7 bertujuan untuk meminda subseksyen 4(1) dan (2) Ordinan untuk mengadakan peruntukan bagi peruntukan baru tentang pemeriksaan dan siasatan untuk membolehkan apa-apa pernyataan yang dibuat di bawah seksyen 4 diterima sebagai bukti di mahkamah.

8.

Fasal 11 bertujuan untuk memasukkan Bab baru IIA ke dalam Ordinan untuk memberi Pengarah kuasa untuk menyiasat aduan yang dibuat oleh mana- mana pekerja berkenaan dengan gaji dan apa-apa pembayaran lain secara tunai yang kena dibayar kepada pekerja itu.
Fasal ini juga menyatakan peruntukan yang berhubungan dengan siasatan itu.

9.

Fasal 15 bertujuan untuk meminda seksyen 9 Ordinan berkenaan dengan syarat perkhidmatan yang diperuntukkan dalam Ordinan hendaklah mengatasi apa-apa peruntukan dalam kontrak perkhidmatan yang tidak menguntungkan.

10.

Fasal 16 bertujuan untuk memasukkan seksyen baru 9A, 9B dan 9c ke dalam Ordinan.
la mengandungi perkara mengenai kesahan apa-apa terma atau syarat perkhidmatan yang lebih menguntungkan dan tiada keraguan berkenaan dengan perkara yang tidak diperuntukkan di bawah Ordinan; dan memperuntukkan bahawa kontrak perkhidmatan tidak boleh mengehadkan hak pekerja untuk menjadi ahli, menyertai atau menubuhkan kesatuan sekerja.

11.

Fasal 18 bertujuan untuk memasukkan seksyen baru 10A ke dalam Ordinan untuk menentukan bila sesuatu kontrak disifatkan telah ditamatkan.
101 Ordinan Buruh Sabah (Pindaan) 101 12.

Fasal 19 bertujuan untuk meminda seksyen 11 Ordinan untuk mengadakan peruntukan yang lebih khusus mengenai penamatan kontrak perkhidmatan.

13.

Fasal 20 bertujuan untuk meminda seksyen 12 Ordinan untuk membolehkan penamatan perkhidmatan dibuat tanpa notis dan untuk membayar ganti rugi kepada pekerja apabila tamat perkhidmatannya itu.

14.
14.

Fasal 21 bertujuan untuk meminda seksyen 13 Ordinan untuk membolehkan majikan menamatkan sesuatu kontrak perkhidmatan atas alasan salah laku.

15.

Fasal 22 bertujuan untuk memasukkan seksyen baru 13A ke dalam Ordinan untuk mengadakan peruntukan bagi keadaan apabila sesuatu kontrak perkhidmatan disifatkan telah dimungkiri.

16.
16.

Fasal 26 bertujuan untuk meminda seksyen 18 Ordinan untuk memperuntukkan supaya kontrak perkhidmatan hendaklah secara bertulis jika tempoh penggajian adalah lebih daripada satu bulan dan supaya kontrak perkhidmatan itu memasukkan suatu peruntukan penamatan.

17.
17.

Fasal 36 bertujuan untuk meminda seksyen 58 Ordinan untuk menjadikan mandatori bagi seseorang majikan menyimpan suatu daftar tentang semua pekerja di bawah penggajiannya selama tempoh enam tahun dan daftar itu hendaklah tersedia bagi pemeriksaan.

18.

Fasal 37 bertujuan untuk memasukkan seksyen baru 58A ke dalam Ordinan untuk memberi Menteri kuasa untuk membuat kaedah-kaedah yang menghendaki seseorang majikan menyediakan butir-butir yang berhubungan dengan gaji pekerja.

19.
19.

Fasal 39 bertujuan untuk memasukkan seksyen baru 59A ke dalam Ordinan untuk menghendaki majikan supaya memaklumkan Pengarah dengan memberikan maklumat yang perlu jika majikan bercadang untuk menjalankan apa-apa pengusahaan pertanian, perhutanan atau perindustrian.

Maklumat itu hendaklah diberikan dalam masa sembilan puluh hari dari tarikh permulaan kuat kuasa seksyen ini.

20.
20.

Fasal 44 bertujuan untuk meminda seksyen 72 Ordinan untuk membenarkan penggajian kanak-kanak dan orang muda hanya dalam sektor tertentu sebagaimana yang diperuntukkan di bawah seksyen 2 Akta Kanak-Kanak dan Orang Muda (Kerja) 1966 [Akta 350].

21.

Fasal 46 bertujuan untuk memasukkan seksyen baru 73A, 73B, 73C dan 73D ke dalam Ordinan supaya selaras dengan seksyen 4,5,6 dan 7 Akta Kanak- Kanak dan Orang Muda (Kerja) 1966.

22.
22.

Fasal 48 bertujuan untuk memasukkan seksyen baru 74A dan 74B ke dalam Ordinan untuk memberi Menteri kuasa untuk melantik suatu Lembaga untuk menyiasat gaji kanak-kanak atau orang muda dan untuk menentukan kekompetenan kanak-kanak atau orang muda itu untuk membuat kontrak perkhidmatan sebagaimana yang diperuntukkan di bawah seksyen 8 dan 13 Akta Kanak-Kanak dan Orang Muda (Kerja) 1966, masing-masingnya.

102 102 Rang Undang-Undang 23.


Fasal 50 bertujuan untuk meminda seksyen 75 Ordinan untuk menyatakan larangan kerja malam bagi pekerja wanita dan juga memberi Pengarah kuasa untuk memberikan pengecualian kepada larangan itu.

24.

Fasal 54 bertujuan untuk memasukkan seksyen baru 78A ke dalam Ordinan untuk memberi Menteri kuasa untuk mengarahkan supaya dilarang penggajian pekerja wanita dalam hal keadaan tertentu.

25.
25.

Fasal 57 bertujuan untuk meminda seksyen 83 Ordinan untuk mengadakan peruntukan bagi kelayakan tempoh bersalin dan syaratnya.

26.

Fasal 59 bertujuan untuk meminda seksyen 85 Ordinan untuk memastikan bahawa elaun bersalin dibayar sebagai gaji yang diperoleh.

27.
27.

Fasal 60 bertujuan untuk meminda seksyen 86 Ordinan untuk membolehkan pembayaran elaun dibuat kepada penama yang dinamakan oleh seseorang pekerja wanita dalam keadaan berlakunya kematian akibat daripada apa-apa sebab semasa pekerja wanita itu cuti bersalin.

28.

Fasal 61 bertujuan untuk meminda seksyen 87 untuk memastikan bahawa majikan diberitahu berkenaan dengan cuti bersalin.

29.
29.

Fasal 64 bertujuan untuk memasukkan seksyen baru 91 A ke dalam Ordinan untuk menyekat seseorang majikan daripada menamatkan perkhidmatan seseorang pekerja wanita yang tidak datang bekerja selepas tamat tempoh cuti bersalinnya akibat daripada penyakit, yang diperakui oleh pengamal perubatan, yang disebabkan oleh kehamilannya.

30.

Fasal 66 bertujuan untuk meminda seksyen 94 Ordinan untuk memastikan bahawa mana-mana pekerja wanita tidak melepaskan faedah-faedah bersalinnya.

31.
31.

Fasal 67 bertujuan untuk memasukkan seksyen baru 94A ke dalam Ordinan untuk mengadakan peruntukan tentang penyenggaraan suatu daftar mengenai elaun bersalin yang dibayar.

32.

Fasal 69 bertujuan untuk meminda seksyen 96 Ordinan untuk memastikan bahawa seseorang majikan menghantar pulang mana-mana pekerja ke negara atau negeri asalnya dan menanggung perbelanjaan penghantaran pulang pekerja itu.

33.
33.

Fasal 71 bertujuan untuk meminda seksyen 98 Ordinan untuk memastikan bahawa seseorang majikan menyediakan pengangkutan, tempat penginapan yang sesuai bagi perjalanan malam dan bantuan perubatan bagi seseorang pekerja yang dihantar pulang.

34.

Fasal 75 bertujuan untuk meminda seksyen 102 Ordinan untuk mengadakan peruntukan bagi keadaan yang mana wang pendahuluan boleh diberikan kepada seseorang pekerja.

35.
35.

Fasal 76 bertujuan untuk meminda seksyen 103 Ordinan untuk mengadakan peruntukan bagi cuti bergaji yang seseorang pekerja layak peroleh.

103 Ordinan Buruh Sabah (Pindaan) 103 36.

Fasal 77 bertujuan untuk meminda seksyen 104 Ordinan untuk mengadakan peruntukan bagi waktu kerja, kadar bayaran bagi apa-apa kerja yang dijalankan pada hari rehat atau cuti umum yang diwartakan dan bayaran yang kena dibayar bagi apa-apa kerja lebih masa yang dijalankan melebihi waktu kerja biasa oleh seseorang pekerja.

37.
37.

Fasal 78 bertujuan untuk memasukkan seksyen baru 104A, 104B, 104C, 104D, 104E dan 104F ke dalam Ordinan.

Seksyen baru 104A memperkatakan peruntukan kerja giliran dan juga supaya selaras dengan seksyen 60c Akta Kerja 1955.

Seksyen 104D yang dicadangkan mengadakan peruntukan bagi kelayakan cuti tahunan seseorang pekerja.
Seksyen 104E yang dicadangkan bertujuan untuk memasukkan peruntukan mengenai cuti sakit dan seksyen 104F bertujuan untuk memasukkan faedah-faedah penamatan, pemberhentian dan persaraan.

38.

Fasal 82 bertujuan untuk memasukkan seksyen baru 107A dan 107B ke dalam Ordinan untuk mengadakan peruntukan bagi suatu tempoh gaji dalam kontrak perkhidmatan dan jika suatu tempoh gaji tidak diperuntukkan secara khusus dalam kontrak perkhidmatan, tempoh gaji itu hendaklah disifatkan satu bulan.

39.
39.

Fasal 86 bertujuan untuk memasukkan seksyen baru 1 10A ke dalam Ordinan untuk mengadakan peruntukan bagi pembayaran gaji melalui akaun bank atau cek dengan persetujuan pekerja.

40.

Fasal 89 bertujuan untuk meminda seksyen 113 Ordinan untuk membenarkan majikan membuat potongan yang sah daripada gaji pekerja.

41.

Fasal 90 bertujuan untuk meminda seksyen 114 Ordinan untuk memperuntukkan supaya tiada bunga dikenakan ke atas pendahuluan gaji.

42.
42.

Fasal 93 bertujuan untuk memasukkan seksyen baru 1 16A, 1 16B dan 116c ke dalam Ordinan.

Seksyen yang dicadangkan itu mengadakan peruntukan tentang keutamaan gaji berbanding dengan hutang lain, rujukan oleh mahkamah kepada Pengarah dan liabiliti Prinsipal dan Kontraktor bagi gaji.

43.

Fasal 96 bertujuan untuk meminda seksyen 118 Ordinan untuk menghendaki seseorang pekerja bukan pemastautin supaya memperoleh suatu permit pekerja bukan pemastautin daripada Pengarah.

44.
44.

Fasal 97 bertujuan untuk memasukkan seksyen baru 118A, 118B, 118C, 118D dan 118E ke dalam Ordinan.

Seksyen baru 118A menghendaki seseorang majikan memberikan maklumat dan penyata yang perlu mengenai pekerja bukan pemastautin kepada Pengarah.

Seksyen 1 18B yang dicadangkan memberi Pengarah kuasa untuk menyiasat sesuatu aduan tentang diskriminasi penggajian berkenaan dengan pekerja pemastautin dan pekerja bukan pemastautin.
Seksyen 118c yang dicadangkan melarang seseorang majikan daripada menamatkan kontrak perkhidmatan pekerja pemastautin bagi tujuan menggaji pekerja bukan pemastautin.

Seksyen 11 8D dan 11 8E yang dicadangkan memperuntukkan bahawa dalam hal lebihan, kontrak perkhidmatan pekerja asing hendaklah terlebih dahulu ditamatkan diikuti dengan pekerja bukan pemastautin lain tetapi peruntukan ini tidak terpakai bagi seseorang pekerja bukan pemastautin yang merupakan seorang pemastautin tetap.
104 Rang Undang-Undang 104 102 untuk memasukkan bam bertujuan dalam Ordinan.

Seksyen apa-apa sebelum 45.

Fasal 123c ke Pendakwa Raya dicadangkan memberi Mahkamah dikenakan apa-apa denda dibuat dijamin melalui jika memperuntukkan pemenjaraan sekiranya hendaklah terbatal selepas tempoh pemenjaraan ditentukan.

yang bon, bahawa dikenakan, kepada diperintahkan pendakwaan kuasa atau pengadu.

denda itu seksyen baru 123A, 123A menghendaki keizinan secara dimulakan.
Seksyen untuk memerintahkan supaya pembayaran apa-apa jumlah wang Seksyen 123c yang supaya denda dibayar tidak dibayar, dan perintah 123B 123B dan bertulis yang pembayaran yang dicadangkan tempoh tersebut 103 46.

Fasal kuasa di Mahkamah bawah Ordinan.

kepada Pengarah bertujuan untuk meminda atau mana-mana seksyen pegawai 124 Ordinan yang diberl dan mewakili seseorang pekerja dalam apa-apa kuasa untuk memberikan hadir untuk di prosiding 47.

Fasal Ordinan.

seseorang ini.


104 Seksyen bertujuan yang untuk memasukkan seksyen dicadangkan itu mengadakan baru peruntukan pekhidmat awam dalam menjalankan kewajipannya di 125A bagi ke dalam perlindungan bawah Ordinan 109 48.

Fasal untuk membenarkan mana-mana Ordinan supaya meneruskan apa-apa siasatan di bawah Ordinan ini.

untuk memasukkan bertujuan pengganti seksyen baru 129A Pengarah atau ke pegawai dalam lain 111 bertujuan 49.

Fasal dalam Ordinan.


Bab XVIA suatu kesalahan kuasa untuk membuat kaedah-kaedah mengenai perkara di bawah Ordinan.

dicadangkan mengadakan penalti bawah Ordinan.

Bab XVIB ke bagi bagi juga menambah dicadangkan memberi Menteri untuk memasukkan Bab peruntukan penalti bab mengenai baru XVIA dan XVIB yang dan dan yang kesalahan di 50.

Fasal untuk mengadakan peruntukan bagi takrif seseorang pekerja.

bertujuan untuk memasukkan suatu 114 Jadual baru ke dalam Ordinan 51.
Pindaan merupakan pindaan kecil atau berbangkit.

tidak yang lain diperkatakan secara khusus dalam Huraian ini IMPL1KASI KEWANGAN Rang Undang-Undang ini akan melibatkan Kerajaan dalam perbelanjaan wang tambahan yang pada masa ini belum dapat ditentukan.

[PN(U2)2374]