Human Resources Minister M Saravanan said workers in East Malaysia will not enjoy the amendments to the Employment Act 1955 until they are approved by their respective state governments.
He said the amendments that will come into effect in the peninsular on January 1, 2023, will not automatically be reflected in the Sabah Chapter 67 and Sarawak Chapter 76 ordinances.
“They have to approve the amendments in the respective state legislative assemblies before the amendments can take effect for workers in the state.
“We do not know when they will amend the labour ordinances,” explained Saravanan.
Among the amendments passed in the March sitting of Parliament was a 45-hour week, extending maternity leave from 60 to 98 days, restrictions on terminating pregnant employees, and the introduction of paternity leave.
However, shortly after the amendments were passed, the secretary for the Sarawak chapter of the Malaysian Trades Union Congress (MTUC), Andrew Lo, called for equal treatment for East Malaysian workers.
He urged the federal government to revise the labour ordinances in Sabah and Sarawak to reflect the same rights for all workers.
He explained that worker rights in the two states were governed by separate labour ordinances.
“These are federal legislation that needs to be amended in Parliament,” he said.
Lo lamented that the labour ordinances were antiquated as improvements to the Employment Act introduced 14 years ago, such as provisions addressing sexual harassment, were yet to be implemented in the two states.
Echoing his call, the Labour Law Reform Coalition (LLRC) representing 58 trade unions, NGOs, and worker organisations, said in March that future labour law amendments must be implemented concurrently nationwide.
The LLRC explained that future amendments should be tabled in Parliament as a ‘3 in 1’ bundle with respect to all three labour legislations – the Employment Act, Sabah Chapter 67, and the Sarawak Chapter 76.
The group stressed that with the passing of the Federal Constitution amendments to restore the equal rights of Sabah and Sarawak, lawmakers needed to respect the equal rights of East Malaysian citizens. - Mkini
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