Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Scope of application. The Committee notes that the Labour Ordinance Sarawak (Cap. 76) was amended by the Labour Ordinance (Sarawak Cap. 76) (Amendment) 2005 (Act A1237). Section 2 of the amended Labour Ordinance repealed the old definition of the term “worker”, which had the effect of limiting the scope of application of the Labour Ordinance Sarawak only to manual workers, in favour of the concept of “employee” understood in a broad sense to include all non-manual workers, whose monthly wage do not exceed 2,500 Malaysian ringgit (MYR) per month, as well as all manual workers irrespective of the amount of their earnings. Recalling that the Convention applies to “the whole of the staff employed in any industrial undertaking”, the Committee requests the Government to indicate how it ensures the weekly rest entitlement of those non-manual workers who are employed in industrial undertakings and whose monthly wages exceed MYR2,500.

Moreover, recalling that the Convention requires that the period of weekly rest, wherever possible, be granted simultaneously to all the personnel of an enterprise and also that the day of rest, wherever possible, be fixed so as to coincide with the day already established by the traditions or customs of the country, the Committee asks the Government to specify how these principles are given effect in law and practice.

Article 5. Compensatory rest. The Committee notes that section 105C of the Labour Ordinance Sarawak prescribes increased pay for workers who are required to work on their day of rest but not compensatory rest. Recalling that this Article of the Convention calls for compensatory periods of rest to be provided, as far as possible, to workers performing work on their weekly rest day, the Committee requests the Government to consider the possibility of amending the Labour Ordinance Sarawak in order to give full effect to the requirements of the Convention on this point.