A dream doesn’t become reality through magic; it takes sweat, determination and hard work.
– Colin Powell, American statesman
The recent passing of the Sarawak Labour Ordinance (Amendment) Bill 2024 represents a landmark step towards securing and enhancing the rights and welfare of workers across Sarawak. The long overdue legislation which directly impacts nearly 1.5 million workers in the state aims to create a safer, fairer and more inclusive labour environment.
By addressing the needs of both employees and employers, the amended ordinance sets the foundation for harmonious labour relations conducive to Sarawak’s economic growth and development.
The amendments bring about a revolutionary shift in the way labour rights are approached in Sarawak. These changes introduce significant improvements in working conditions, paid leave benefits, wage protection and job security – key aspects of fostering a fair and equitable workplace.
The progressive approach aligns Sarawak with international labour standards and sends a strong message that the state values its workforce, the backbone of its economy.
Workers now enjoy increased annual leave, sick leave, and maternity leave, promoting a much-needed work-life balance. The extension of maternity leave to 98 days and the introduction of seven days of paternity leave demonstrate a significant step towards supporting family values and acknowledging the critical roles both parents play in raising children.
These provisions also ensure that workers’ personal lives are well-supported, ultimately benefiting their mental health and workplace productivity.
The reduction in working hours from 48 to 45 per week aligns Sarawak with global best practices which addresses long-standing concerns over worker fatigue and productivity, allowing employees to achieve a healthier balance between professional obligations and personal well-being.
And the amendments also fortify wage protection mechanisms, including clearer guidelines on timely payment and a prohibition against unfair wage deductions.
By extending termination benefits and overtime coverage to employees earning up to RM4,000 per month, the ordinance ensures a broader section of workers receives protection against exploitation and undue financial hardship.
One aspect of the amended ordinance that I am all out for is that it takes a stance against workplace discrimination, harassment and unfair treatment. Provisions addressing issues such as sexual harassment, forced labour and employment discrimination create a safer and more inclusive environment for all workers.
These additions are particularly crucial in combating longstanding issues of inequality and bias in Sarawak’s labour market.
A major victory is the explicit prohibition of discriminatory practices, such as paying workers less due to their race or ethnicity. This aligns with Sarawak’s aspirations of fostering a diverse and inclusive workforce.
Employers who perpetuate such unjust practices must be held accountable to ensure a level playing field for all. However, while these laws exist, their enforcement remains a significant challenge.
Malaysia’s history of passing robust labour laws without adequate implementation must serve as a cautionary tale. Authorities must show greater resolve in enforcing these regulations, particularly in sectors prone to exploitation.
One controversial aspect of the Bill is the minimum working age, set at 13 years. Critics have rightly raised alarms, equating this to an endorsement of child labour.
At such a young age, children are still in their developmental stages and should not be exposed to the rigours of employment. Instead, they should be safeguarded from exploitation and allowed to focus on their education and personal growth.
Mas Gading MP Mordi Bimol’s call to raise the minimum working age to 15 years aligns with international standards and highlights the need to prioritise children’s rights. It is important for the government to revisit this provision to uphold the welfare and future of Sarawak’s youth.
The amended ordinance also places significant emphasis on improving housing, accommodation, and amenities for workers. Employers are now required to adhere to minimum standards to ensure that their employees – particularly those in rural areas or in sectors like plantations – have access to safe and hygienic living conditions.
These provisions are crucial in addressing issues of substandard accommodations that have plagued many workers for years.
The amendments also prioritise workplace safety and proper work hours, recognising the importance of rest periods for maintaining physical and mental health. By ensuring safer working conditions, the ordinance fosters an environment where employees can perform their duties without undue risk to their well-being.
While the amendments are laudable, their successful implementation remains a significant challenge. Workers in remote and rural areas often lack awareness of their rights, leaving them vulnerable to exploitation.
The government must take proactive measures to bridge this gap. Mobile units, user-friendly digital platforms, and community engagement campaigns are essential tools for disseminating information and empowering workers to assert their rights.
Moreover, effective monitoring mechanisms are critical. Regular workplace audits, particularly in sectors with a history of non-compliance, are necessary to ensure employers adhere to the new regulations.
Without stringent enforcement, the ordinance risks becoming another well-intentioned but an ineffective piece of legislation.
Nevertheless, though the amended laws provide greater security and benefits, workers also bear a responsibility to uphold their duties diligently. The spirit of these amendments can only be realised if employees approach their work with integrity and dedication.
It is essential to discourage a civil servant mentality, where complacency and lack of initiative undermine workplace efficiency. Workers must view these enhanced rights as an opportunity to contribute more meaningfully to their organisations and the state’s economy.
Shake off the ‘makan gaji buta’ syndrome! That’s my advice.
The amendments also reflect the state’s aim to protect its autonomy. Provisions requiring federal consultation for future amendments and delegating regulatory powers to the state government shows the importance of tailoring labour policies to Sarawak’s unique socio-economic landscape.
These measures ensure that the state’s priorities remain at the forefront of its labour legislation, reflecting the aspirations of Sarawakians.
Having said my piece, the success of the amended ordinance, however, depends on rigorous enforcement, widespread awareness, and the active participation of everyone. Workers, in particular, must rise to the occasion, ensuring they fulfil their roles with dedication and professionalism.
Together, these efforts can create a labour ecosystem that not only safeguards workers’ rights but also serves as a catalyst for Sarawak’s progress toward becoming a developed region by 2030.
The views expressed here are those of the columnist and do not necessarily represent the views of Sarawak Tribune.
