Sabah Labour Ordinance to be amended, workers to get same benefits as Peninsula - KSM

PUTRAJAYA - 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 Resources Minister Mustapha Sakmud.

In his response following the case of a man from Sabah whose wife died after giving birth, in addition to claiming that his employer only gave paternity leave of two days, he 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 today, Mustapha said the Sabah government had given approval to the Human Resources Ministry (KSM) 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 that 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 (JTK) has obtained information regarding the case and according to a source from the employer, they were informed by the employee about his wife who had given birth and had given him two days of paternity leave and allowed the employee to take annual leave until he had settled related matters.

Six days after his wife gave birth, the worker returned to work and informed that his wife and child were in good health and he could work as usual, but when he returned from work, the man found his wife had died with the newborn child alone alongside the deceased.

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

He said the Sabah JTK investigation also found that the employer had indeed deducted the employee's salary for 13 days during the mourning period for not applying for annual leave, but 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 a full 12 months in advance to be eligible to apply for annual leave and it is understood that the employee only started work with the company from 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, adding that KSM has given a commitment that workers’ rights will be pursued in accordance with the International Labour Standards outlined by the International Labour Organisation. - BERNAMA