KUCHING: The Sarawak government has made serious and consistent efforts to get the Sarawak Labour Ordinance (SLO) amended; however, the final decision rests with Putrajaya and Parliament.
Deputy Minister in the Premier’s Department (Labour, Immigration & Project Monitoring), Datuk Gerawat Gala explained that the SLO, enacted before the formation of Malaysia, became a federal law with the establishment of the nation in 1963, as labour falls under the federal government’s jurisdiction according to the Federal Constitution.
“Although the SLO is a federal law, it exclusively applies to Sarawak. Hence, any amendments to the SLO must be approved by Parliament, not the Sarawak Legislative Assembly.”
Gerawat noted that given the SLO’s applicability only to Sarawak and in accordance with Sarawak’s authority over the entry of non-resident workers as outlined in Article 161E(4) of the Federal Constitution and Section 65 of the Immigration Act, the Sarawak government proposed a provision mandating the state’s concurrence for any future SLO amendments.
“This prompted a series of discussions and engagements with the Human Resource (in Putrajaya) as the provision was not agreeable to the ministry.
“We have recently submitted to the ministry an alternative provision requiring prior consultation with the relevant state authority for any future amendments to the SLO.”
Gerawat said that such a provision aligns with the spirit of the Malaysia Agreement 1963 (MA63) and aims to safeguard the interests of workers and industries in Sarawak, considering the distinct circumstances in the state compared to Peninsular Malaysia.
“The Ministry of Human Resources and the Federal Attorney General are now responsible for drafting the amendment bill for the SLO, expected to be tabled in Parliament. We anticipate its presentation alongside similar amendments to the Sabah Labour Ordinance in the upcoming parliamentary session.”
Responding to recent allegations by Sarawak Bank Employees Union CEO Andrew Lo, Gerawat deemed the claims “misleading and mischievous”, emphasising the state government’s earnest efforts to amend the SLO.
“In fact, the Sarawak Cabinet approved the SLO amendment in September 2021 to ensure compliance with international labour standards.”
The SLO amendment incorporates changes to the Employment Act passed by Parliament in 2021, effective from January 2023 in Peninsular Malaysia, as well as provisions from the Workers Minimum Standards of Housing and Amenities Act.
Numerous engagement sessions with stakeholders, including employee and employer organisations, government ministries, and agencies at both state and federal levels, were conducted to gather input for finalising the amendment details.
“They have been appraised and informed about the progress of the SLO amendment during their engagements with my ministry and also with Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg and they understand the reason for the time taken to get the amendments done.
“It is unjust to assert that the Sarawak government isn’t earnest in its efforts,” Gerawat added.
Presently, Malaysian employees are governed by three separate legislations: the Employment Act 1955 for Peninsular Malaysia, the Sabah Labour Ordinance 1950 for Sabah, and the Sarawak Labour Ordinance 1952 for Sarawak, reflecting the formation of the Federation of Malaysia in 1963.
