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Sarawak Labour Ordinance (ACT A1237) - Chapter 76: Labour

An Ordinance to make better provision in the law relating to labour. [1st July, 1952]

Table of Content


CHAPTER I - Preliminary

1. Short Title
2. Interpretation -
2A. Minister may prohibit employment other than under contract of service
2B. General power to exempt or exclude

CHAPTER II - Officers

3. Director of Labour and other officers
3A. Officers to be authorized by Director
4. Powers of Inspection and Inquiry
5. Accidents to be notified - Repealed
6. Inspection of documents
7. Power of summons and institution of proceedings
8. Penalties - Repealed

CHAPTER IIA - Complaints and Inquiries

8A. Director's power to inquire into complaints
8B. Limitation on power conferred by section 8A
8C. Additional powers of Director to inquire into complaints
8D.Claim for indemnity for termination of contract without notice
8E.Order of Director may be in writing
8F.Procedure in Director's inquiry
8G.Director's record of inquiry
8H.Joinder of several complaints in one complaint
81.Prohibitory order by Director to third party
8J.No fees for summons: service of summons
8K.Enforcement of Director's order by Sessions Court
8L.Submission by Director to High Court on point of law
8M.Appeal against Director's order to High Court
8N.Employee's remedy when employer about to abscond
80.Examination on summons by the Director
8P.Right of employee to appear before the Director

CHAPTER III - Repealed

9. Rules - Repealed


CHAPTER IV - Terms and Conditions

10. More favourable conditions of service under the Ordinance to prevail
10A. Validity of any term of condition of service which is more favourable
10B Removal of doubt in respect of matters not provided for by or under this Ordinance
10C Contract of service not to restrict rights of employees to join, participate in or organize trade unions
11 Guaranteed Week
11A Provision as to termination of contracts
12 Termination of contract of service by notice
13 Termination of contract without notice
14 Termination of contract for special reasons
14A When contract is deemed to be broken by employer and employee
15 Cancellation of agreement by Commissioner - Repealed
16 Capacity to enter into an agreement - Repealed
17 Penalties -Repealed

CHAPTER V - Repealed

18 Certain contracts excluded - Repealed
19 Contracts to be in writing and to include provision for termination
20 Contents of contract - Repealed
21 Attestation of contracts - Repealed
22 Medical examaination - Repealed
23 Capacity to enter into a contract - Repealed
24 Limitations of contract with natives - Repealed
25 Maximum duration of contracts - Repealed
26 Transfer to other employment - Repealed
27 General termination of contract - Repealed
28 Cancellation of contract by Commissioner - Repealed
29 Duration of re-engagement contracts - Repealed
30 Provisions applicable to re-engagement contracts - Repealed
31 Summary of Chapter to be brought to notice of workers -Repealed
32 Contracts for service outside Sarawak - Repealed
33 Extra-territorial contracts for employment in Sarawak - Repealed
34 Penalties - Repealed

CHAPTER VI - Apprenticeship Contracts

35 Apprenticeship contracts excluded from sections 11, 11A, 12, 13, 14, 14Aand 19
36 Contracts of apprenticeship of persons over sixteen - Repealed
37 Assignment - Repealed
38 Attestation - Repealed
39 Duties of attesting officer - Repealed
40 Certificate of service on discharge - Repealed
41 Retention of apprentice after expiry of contract- Repealed
42 Suspension and discharge - Repealed
43 Penalties - Repealed

CHAPTER VII - Repealed

44 Power to make rules - Repealed



45 Exemptions - Repealed
46 Public officers, chiefs, etc. - Repealed
47 Persons who recruit to be licensed - Repealed
48 Non-adults not to be recruited - Repealed
49 Family not deemed recruited - Repealed
50 Examination of workers - Repealed
51 Expenses of worker or burial of worker during journey - Repealed
52 Return of workers - Repealed
53 Worker-recruiters -Repealed
54 Extra-territorial recruiting - Repealed
55 Penalties -Repealed

CHAPTER IX - Repealed

56 Rules - Repealed


CHAPTER X - Registers, Returns and Notice Board

57 Application - Repealed
58 Duty to display notice boards
59 Duty to keep registers
59A Power to make rules requiring information as to wages
60 Duty to submit returns
60A Duty of give notice and other information
61 Housing water supply, electricity supply and sanitation - Repealed
62 Surroundings of housing to be kept clean - Repealed
63 Regular inspection of housing - Repealed
64 Separate house accommodation to be provided for each race - Repealed
65 Agricultural allotments - Repealed
66 Medical care and treatment - Repealed
67 Burial of deceased employee or dependant - Repealed
68 Hospital maintained by employers - Repealed
69 Approval of place of employment and prohibition ofemployment of workers where arrangements are inadequate - repealed
70 Penalties -Repealed

CHAPTER XI - Special Provisions Relating to the Employment of Children and Young Persons

71 Application -Repealed
72 Certificate of medicalofficer as to age
73 Employment in which children and young persons may be engaged
74 The Minister may prohibit any child or young person from engaging or being engaged in any employment
74A Number of days of work
74B Hours of work of children
74C Hours of work of young person
74D Employment connected with public entertainments
75 Night work of young persons in industry - Repealed
75A Power to prescribe minimum wage after inquiry
75B Contractual capacity

CHAPTER XIA - Employment of Women

76 Prohibition of night work
77 Emergencies
78 Register of young persons employed in industrial undertakings - Repealed
79 Prohibition of underground work
79A Prohibition of employment
80 Restriction on employment of children in ships - Repealed
81 Restriction on employment of young persons in ships - Repealed
82 Register of young persons employed in ships - Repealed
83 Medical certificate - Repealed

CHAPTER XIB - Maternity Protection

84 Length of eligible period to entitlement to maternity allowance
85 Payments to include rest days and holidays - Repealed
86 Payment of maternity allowance
87 Payment of allowance to nominee on death of a female employee
88 Loss of maternity allowance for failure to notify employer
89 Permission for absence to be given by employer - Repealed
90 Forfeiture of benefit - Repealed
91 Payment of allowance to nominee
92 Notice of termination of employment
92A Restriction on dismissal of female employee the eligible period
93 Benefit unaffected by notice of termination in specified circumstances - Repealed
94 Claim from one employer only - Repealed
95 Conditions contrary to Chapter void
96A Register of allowances paid
96 Penalties - Repealed

CHAPTER XII - Repatriation

97 Rights and obligations of employee and employer in respect of repatriation
98 Exemption from obligation to repatriate
99 Employer to provide transport
100 Penalties -Repealed

CHAPTER XIII - Domestic Service

101 Domestic servants

CHAPTER XIV - General Provisions Relating To Contract Of Service

102 Worker not liable to default of another - Repealed
103 Limitation on advances to employees
104 Holidays
105 Hours of work
105A Shift work
105B Rest Day
105C Work on a rest day
105D Annual leave
105E Sick leave
105F Termination, lay-off and retirement benefits
106 Task work
107 Working Board - Repealed
108 Period for which wages payable
108A Wage period
108B Wages not due for absence from work through imprisonment or attendance in court
109 Payment of wages
110 Restriction on place at which wages may be paid
111 Wages to be paid in legal tender
111A Payment of wages through bank
112 Agreement and contracts to pay wages otherwise than in legal tender, illegal - Repealed
113 Conditions restricting place at which, manner in which, and person with whom wages paid to be spent, illegal
114 Lawful deductions
115 Interest on advances forbidden
116 Deductions for fines, etc.
117 Remuneration other than wages
117A Priority of wages over other debts
117B Reference by the Court to Director
117C Liability of principals and contractors for wages
118. Employer's shop -Repealed

CHAPTER XIVA - Employment of Non-Resident Employee

119. Employment of non-resident employee and priority for resident employee
119A. Duty to furnish information and returns
119B. Director may inquire into complaint
119C. Prohibition on termination of resident for non-resident employees
119D. Termination of employment by reason of redundancy
119E. Permanent residents exempted from this Chapter
120.. Exemption of employer if not actual offender - Repealed
121. Penalties - Repealed

CHAPTER XV - Repealed

122. Rules - Repealed



123.Costs of proceedings - Repealed
124.Convictions and penalties - Repealed
124B Power to court imposing fine
124C Effect of imprisonment
125 Right of audience
125A Public Servants
125B Protection of Director and officers
126 Public place - Repealed
127 Saving clause as to civil jurisdiction of courts
128 Onus of proof
129 Service of summons
129A Incapacity of Director hearing inquiry
130 Application of fines - Repealed

CHAPTER XVIA - Offences and Penalties

130A Under Sections 4 and 7
130B Offence in connection with inquiry or inspection
130C Under Chapter IIA
130D Under Chapter IV
130E Under Chapter X
130F Under Chapter XI
130G Under Chapter XIA
130H Under Chapter XIB
130I Under Chapter XII
130J. Under Chapter XIV
130K. Penalties for failure or compliance in relation to rest days, overtime, holidays, annual leave and sick leave
130L. Under Chapter XIVA
130M. General Penalty
130N. Power to compound offences


1300. Power to make rules

CHAPTER XVII - Savings and Repeal

131. Existing Ordinances not affected
132. Saving and transitional

SCHEDULE - Subsection (2) of Section 2

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