Govt to amend Sabah labour law, streamline benefits with peninsula

 

The Sabah Labour Ordinance (Chapter 67) will be amended so that employees in the state get the same benefits as workers in Peninsular Malaysia, said Deputy Human Resource Minister Mustapha Sakmud.

His response follows the case of a man from Sabah whose wife died after giving birth.

In addition to claiming his employer only gave paternity leave of two days, the man was informed that the provision of seven days of paternity leave for fathers in the peninsula has not yet been enforced in Sabah.

In a statement yesterday, Mustapha said the Sabah government had approved the Human Resources Ministry to amend the Labour Ordinance.

“It has been refined with discussions between the government, employers, and trade unions in Sabah taking into account the economic aspects and the reality of Sabah’s development,” he said.

Recently, Facebook user Exly Jailon, whose wife died alongside their six-day-old baby when he returned to work, claimed he had to work after two days of paternity leave because his employer threatened to cut his salary. His Facebook post went viral.

According to Mustapha, the Sabah Department of Labour has obtained information regarding the case.

According to a source from the employer, the employee had informed his wife had given birth and was given two days of paternity leave.

The employee was also allowed to take annual leave until he had settled related matters.

Six days after his wife gave birth, the worker returned to work and informed his employer that his wife and child were in good health and that he could work as usual.

However, when he returned from work, the man found his wife had died with the newborn child.

According to Mustapha, the employer informed that assistance and contributions had been given, including matters of hospitalisation and were ready to extend any help the employee needed.

He said the Sabah investigation also found that the employer had deducted the employee's salary for 13 days during the mourning period for not applying for annual leave.

However, after being advised by the department, the employer withdrew the salary deduction and paid his salary in full.

According to the law, employees must work for 12 months to be eligible to apply for annual leave.

It is understood that the employee only started work with the company on Dec 2, 2022.

“I request that netizens do not blame anyone in this case because the employer is still complying with the Labour Ordinance (Sabah Chapter 67),” he said.

He said the ministry is committed that workers’ rights will be pursued by the International Labour Standards as outlined by the International Labour Organisation.

- Bernama