Press Releases

The announcement made on 6 June 2023 by YB Tuan Mustapha @ Mohd Yunus Bin Sakmud, the Deputy Minister of the Ministry of Human Resource (MOHR), that the Sabah Labour Ordinance 1950 (SLO) will be amended to enable employees to receive the same benefits as Employment Act 1955 (EA), is highly welcomed.

However, this announcement is nothing new as discussions have been ongoing for years. But, as amendments have only been made to the EA thus far, only people working in Peninsular Malaysia and Labuan Federal Territory are able to enjoy the updated privileges.

It is still unclear why such an amendment to the SLO had taken such a considerable amount of time in comparison to the EA. In fact, the last update to this law was 18 years ago. The first and the last time it was amended was in 2005. Whereas the EA has been amended at least once every decade since 1956, and the most recent amendment took effect on 1 January 2023. While the amendment is finally in progress, there are several factors that need to be taken into consideration in streamlining the SLO to the EA.

The amendments should not only focus on gaining equal benefits as stipulated in the EA but it must also reflect and align with the dynamic scene of employment in Sabah. Additionally, it is crucial for local authorities, members of parliament and state representatives to be aware of such laws and any existing gaps, in ensuring the rights of Sabahans are not left behind. To bring meaningful change in the SLO, the CSO Platform for Reform would like to highlight the report prepared by the Society for Equality, Respect and Trust for All Sabah (SERATA) that analysed the disparities between EA and SLO (Sabah Chap.67). Amendments to the SLO should also endorse and uphold principles of gender equality and promote diversity, equity, and inclusion (DEI).

We call upon YB Tuan Sivakumar A/L Varatharaju Naidu, the Minister of Human Resources Malaysia; Tuan Wan Zulkifli Bin Wan Setapa, Director of Department of Labour Sabah and YAB Datuk Seri Panglima Hj Hajiji Haji Noor, Chief Minister of Sabah to provide a clear and definite timeline as to the amendment of the SLO, and its enforcement. To prevent more delays in future amendments to the SLO, we also propose that a subsidiary legislation be passed to devolve the executive powers of amending the SLO to a Sabah state minister.

We also demand the SLO be amended based on the proposed recommendations:

1. To abolish the wage threshold for coverage of the SLO so that all employees and apprentices are covered by the SLO, irrespective of how much they earn.
2. To include presumption of employer-employee relationship, unless proven to the contrary.
3. To adopt Part XVA, Section 81A-81G of the EA to compel employers to investigate complaints of sexual harassment in the workplace.
4. To include at least 7 days of paternity leave for fathers.
5. To increase maternity leave from 60 days to 98 days, which would be entitled to all working women regardless of salary level.
6. To streamline the definition of confinement as “parturition resulting after at least twenty-two weeks”.
7. To adopt Section 41a of the EA for a fuller protection against unfair dismissal for pregnant employees.
8. To introduce the Flexible Working Arrangement (FWA) for Sabahans.
9. To develop a well-structured and manageable apprenticeship programme to enable career progression and young generation of Sabahan.
10. To increase sick leave benefits.
11. To expand the scope of complaints that cover all forms of employment-related discrimination issues, including discrimination of their resident status.
12. To add a new section on addressing forced labour issues in Sabah.

Amendment to the SLO is not only essential for the betterment of Sabahan but also crucial for advancing labour law and industrial relations in Sabah. Having the SLO made known to many Sabahans now, this will further empower Sabahans with awareness of labour rights and have updated legal mechanisms to protect their rights.

It is high time for Sabah to prioritise this critical reform to be implemented, ensuring a fair and equitable work environment for all in Sabah.

Released by
CSO Platform for Reform (Sabah Chapter)
1. Advocates for Non-Discrimination and Access to Knowledge (ANAK)
2. Belia Bawah Bayu
3. Borneo Komrad
4. Cahaya Society
5. Iskul Sama DiLaut Omadal
6. Kota Kita
7. Kudat Turtle Conservation Society
8. Partners of Community Organisation (PACOS Trust)
9. Pertubuhan Professional Suluk
10. Sabah Environmental Protection Association (SEPA)
11. Sabah Human Rights Centre
12. Society for Equality, Respect and Trust for All Sabah (SERATA)
13. Tiada.Guru
14. Undi Sabah

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