KUCHING: Legal experts here agree that the Sarawak Labour Ordinance 1959 (SLO) can only be amended in Parliament once the State Cabinet agrees to it.
Lawyer Simon Siah said the Labour Ordinance comes under item 15 of the Federal List, Ninth Schedule of the Federal Constitution; therefore, there is no need for the law to be tabled in the Sarawak State Legislative Assembly (DUN).
“If we want to expand the amended Employment Act 1955 to Sarawak, it is the Parliament that will have to table a bill to amend the Sarawak Labour Ordinance accordingly,” he said.
“As good measure, it would be prudent for the Federal Minister/ Government to first consult the Sarawak State Cabinet and to get their feedback before the bill is tabled,” he explained.
He added that Sarawak Labour Ordinance (SLO) was a pre-independence law; which was first enacted in 1959 and amended in 2005 to bring it in line with the provisions of the Employment Act 1955.
Another Sarawakian lawyer Lim Heng Choo also agreed that the State Cabinet only has to approve the amendments and forward to the Federal Attorney General to prepare the Amendment Bill.
“Yes, only Parliament (can table) and amend the SLO as the ordinance has been declared federal law after the formation of Malaysia. Thus, SLO is a federal law but only applicable to Sarawak only as Peninsular Malaysia has its own Employment Act.
“Similarly Sarawak Advocates Ordinance also declared as federal law and only Parliament can amend it,” he added.
They were commenting on Sarawak Bank Employees Union (SBEU) chief executive officer Andrew Lo’s recent statement; expressing his disappointment with the Deputy Human Resources Minister Mustpha Sakmud saying that amendments could only be made through the approval of the state legislatures in Sabah and Sarawak.
According to Lo, the Sarawak State Cabinet only has to agree with the amendments while the Human Resources Ministry would proceed to table the related bill in Parliament.
The key amendments include the extension of maternity leave allocation from 60 days to 98 days, reduced weekly working hours from 48 to 45 hours, and a seven-day paternity leave for married male employees.
