How do Sabah and Sarawak labour laws differ from the Employment Act?

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Sabah and Sarawak Labour Laws Contain State-Specific Provisions Not Found in the Employment Act

The Sabah Labour Ordinance and the Sarawak Labour Ordinance differ from the federal Employment Act 1955 primarily because they contain unique provisions and consultation processes involving their respective state governments. These state-specific elements mean there are currently no plans to merge the Sabah and Sarawak ordinances into the Employment Act. The Sabah Labour Ordinance dates back to the 1960s, while the Sarawak Labour Ordinance originates from the 1950s, reflecting distinct historical contexts and governance structures.
Historical Context of State Labour Laws

The Sabah Labour Ordinance and the Sarawak Labour Ordinance have their origins in the mid-20th century, with the Sarawak ordinance being established in the 1950s and the Sabah ordinance in the 1960s. These laws were enacted during periods when state-level governance played a more distinct role in labour regulation. In contrast, the Employment Act, which applies federally, was first enacted in 1955. The continued existence of separate state ordinances acknowledges the historical development and specific needs or arrangements within Sabah and Sarawak.
Unique Provisions and Consultation Processes

A key distinction lies in the inclusion of provisions and consultation processes with the respective state governments within the Sabah and Sarawak Labour Ordinances. These elements are not present in the federal Employment Act. For instance, a provision within the Sabah Labour Ordinance that previously prohibited women from working night shifts was only repealed last year, illustrating a specific regulatory aspect that was unique to that state's legislation until recently. The necessity of these state-specific clauses is the primary reason cited for not abolishing them.
Rationale for Maintaining Separate Ordinances

The Human Resources Ministry has indicated that there are no current plans to abolish the Sabah and Sarawak Labour Ordinances and merge them under the Employment Act. The rationale behind this decision is that these ordinances contain provisions that are specific to each state and include established consultation processes with the state governments. While the overarching intention is to harmonise and align the rights of all workers across Malaysia, the distinct nature of these state-level laws necessitates their separate consideration.

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How do Sabah and Sarawak labour laws differ from the Employment Act?

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