Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Malaysia - Sarawak (Ratification: 1964)

Since 1967, the Committee has been addressing comments to the Government, expressing its hope that the Government will consider amending the Labour Ordinance Sarawak (Cap. 76) of 1952 (as amended by Ordinance 11 of 1958) in accordance with the Convention. First, the Labour Ordinance Sarawak (Cap. 76) excludes in its section 2 non-manual workers from its scope of application, which is not in line with Article 2 of the Convention. That Article provides that "the whole of the staff employed in any industrial undertaking" shall enjoy the weekly rest period. Secondly, section 105 of the Labour Ordinance Sarawak (Cap. 76) stipulates that the weekly rest period is subject to variation by individual contracts of employment. Thirdly, the Labour Ordinance Sarawak (Cap. 76) does not provide a compensatory rest as provided for under Article 5 of the Convention.

Since 1970, the Government has indicated the possibility of modifying the Labour Ordinance Sarawak (Cap. 76) in order to give effect to the provisions of the Convention. No legislative change has so far taken place. In its last report, the Government states that the Labour Ordinance Sarawak (Cap. 76) is in the final stage of amendment, a statement which is being made since 1992.

Furthermore, since 1975, the Government has indicated that steps have been taken to standardize the labour legislation in Federal Malaysia and to extend the Employment Act of Malaysia of 1955 (as amended 1981) to Sarawak, with appropriate modifications. Currently, this Act applies to West Malaysia only. In 1987, the Committee was informed by the Government that the extension process is in an advanced stage and should soon be formalized. So far, the Government has not forwarded to the Committee any document extending the Employment Act of Malaysia of 1955 to Sarawak.

The Committee urges the Government to overcome the obstacles in the modification of the Labour Ordinance Sarawak (Cap. 76) and to keep it informed on all progress achieved. In addition, the Committee would like to be informed on any changes with regard to the standardization of the labour law in Federal Malaysia. The Committee requests the Government to explain the relationship between the Labour Ordinance Sarawak (Cap. 76) and the Employment Act of Malaysia of 1955 after the extension of the Employment Act to Sarawak.