What is the limit of working hours for an employee under the Labour Ordinance (Sabah Cap 67)?
An employee is required to work not exceeding 8 hours a day. For a shift employee, the number of hours of work must not exceed 12 hours a day or 56 hours a week with an average of 48 hours a week for 3 weeks consecutively.
What are the main benefits provided under the Labour Ordinance (Sabah Cap. 67)?
The main benefits:
(i) Rest day:
An employee is provided with one rest day in a week. If he is required to work on his rest day, he is entitled to be paid at a rate as stated below:
(a) An employee employed on a daily or hourly rate of pay who work on a rest day shall be paid for any period of work:
· which does not exceed 4 hours of work, one day's wages at the ordinary rate of pay; or
· Which is more than 4 hours but does not exceed 8 hours of work, two day’s wages at the ordinary rate of pay?
(b) An employee employed on a monthly rate of pay who work on a rest day shall be paid for any period of work:
· Which does not exceed 4 hours of work, wages equivalent to half the ordinary rate of pay?
· Which is more than 4 hours but does not exceed 8 hours of work,one day’s wages at the ordinary rate of pay?
(c) 'Piece Rate' Employee:
An employee employed on piece rates who works on a rest day shall be paid twice his ordinary rate per piece.
(d) Overtime work on a rest day:
An employee shall be paid at a rate which is not less than two times his hourly rate of pay.
(ii) Prescribed Holidays:
This Ordinance specify fourteen (14) paid prescribed holidays, four (4) of which shall be:
(a) The National Day;
(b) The Birthday of the Yang di-Pertuan Agong;
(c) The Birthday of the Yang di-Pertua Negeri Sabah; and
(d) The Workers' Day.
(iii) Maternity Benefit:
A female employee is entitled of sixty (60), days of maternity leave. This leave can be taken 30 days before confinement or 60 days after confinement but must not exceed 30 days before confinement.
(3)Duty of employers to provide work
(i) Am I entitled to claim wages within a period of which my employer has not given me work although I am fit to perform work?
Every employee is entitled to claim wages if he turns up to work. Section 10 of the Labour Ordinance (Sabah Cap.67) protects employee by putting the responsibility to an employer to provide 6 days employment in a week. If he fails to provide work on such number of days where the employee presents himself for work and is fit to work, the employer shall be bound to pay to the employee in respect of each of such days.
(ii) What shall I do if I meet with an accident in the course of my employment?
In accordance with Section 12, Workmen's Compensation Act, 1952, you are required to inform your employer within 7 days from the date of the accident which resulted in injury and incapacity to perform work.
(iii) As an employer, what shall I do when my workman meet with an accident during the course of his employment?
In accordance with the Workmen's Compensation Act, 1952, you are required to send the workman to the nearest dispensary/hospital immediately and make a report to the nearest Labour Office within 10 days of the occurrence of the accident.
(4) Termination notice
What is the required length of notice period to terminate a contract of service?
The length of notice period to terminate a contract of service is based on period of services.
(a) Four (4) weeks if the employee has been employed for a period of less than two (2) years;
(b) Six (6) weeks if the employee has been employed for a period of two (2) years or more but less than five (5) years.
(c) eight (8) weeks if the employee has been employed for a period of five (5) years or more.
(5) Employment of non residence employees.
What are the employer's responsibilities if he intends to employ non residence employees?
An employer is required to apply for and obtain a License to Employ Non Residence employees - section 118 of the Ordinance. Application forms can be obtained from any Immigration Office (The Secretariat for the Employment of Foreign Worker Committee for Sabah and the Federal Territory of Labuan) throughout Sabah and to be submitted with copies of the following documents:
i) Identity Card;
ii) Trading License;
iii) Land title;
iv) Relevant documents related to employment activity;
v) Pay slip;
vi) Income tax (application for Domestic Servants only).
(6) Minimum age to work.
What is the minimum age to work under the Labour Law?
Under the Labour (Employment of Children) Order, 1959, Labour Ordinance (Sabah Cap.67) an employer is prohibited from employing a child under 14 years to work in construction, manufacturing, transportation, mining sector or other places such as restaurants, coffee shops, bars, hotels or offices.
(1) Workmen's Compensation Insurance Policy
(i) Can an employer obtain a workmen's compensation insurance policy from any insurance company?
In accordance with the Workmen's Compensation (Foreign Workers Compensation Scheme) Insurance Order 1996, an employer can obtain insurance policy from any of the following insurance companies:
(a) Alliance General Insurance Malaysia Berhad
(b) Berjaya General Insurance
(c) Kurnia Insurance Berhad
(d) London & Pacific Insurance Company Berhad
(e) Malaysia Assurance Alliance Berhad
(f) Mayban General Assurance Berhad
(g) Malaysia National Insurance Berhad
(h) Syarikat Takaful Malaysia Berhad
(i) Takaful National Sdn Bhd
(j) Tahan Insurance Malaysia Berhad
(ii) Am I entitled to any protection if I meet with an accident during the course of employment?
If you are a non-citizen worker and covered within the definition of "workman" under Section 2 of the Workmen's Compensation Act. 1952, you're entitled to the protection under the Act. The protection is in the form of compensation payment. Every worker or his dependants shall be paid by his employer if the accident occurred during and in the course of his employment.