I wish to highlight a labour issue and I believe your site is the best forum to bring this matter to the attention of policy makers. Here in Sarawak, the Employment Act is not applicable to us.
We are governed by the Sarawak Labour Ordinance, a piece of antiquated legislation, which despite repeated calls by several quarters to be replaced or be amended, is still ''under review'' by the relevant authorities.
The last I heard was a press report stating that the state government needs time to go over the amendments.
For those who are not familiar with the disparity between the two pieces of legislation, the Labour Ordinance provides for only eight to ten days of public holidays, about 45 days of maternity leave, and is silent on the probationary period.
Rate of pay for work on public holidays is only twice the normal rate whereas the Employment Act provides for up to three times the ordinary rate of pay for working on public holidays such as Hari Raya, Christmas, etc.
I was prompted to write this letter after putting down the phone speaking to an officer of the Labour Department who admitted that they are powerless to help employees whose letters of appointments are silent on the duration of the probationary period.
I was enquiring on behalf of friends who are upset that their employer has told them they will be on probation for one year whilst their letter of appointment is silent on this.
The officer admitted that unless the law is updated, they are in no position to assist the general rakyat. They have tried to arbitrate on cases only to be powerless to do much.
Obviously, the urgency to have an effective piece of legislation is accepted by all, but the state government appear to be dragging their feet to put it into effect, for reasons best known to themselves.
And in the meantime, for so many decades, employees in Sarawak continue to be 'bullied' by certain employers who do not hesitate to take advantage of the loopholes in the Sarawak Labour Ordinance.
It would not be surprising for certain quarters to accuse the state government of being too pro-capitalism or even being feudalistic.
I think an effective way to get the law updated quickly is for the Barisan Alternative to champion this cause. I am sure it will win them a lot of support in the coming state elections.
The state government is mandated to manage the state for the benefit of the people but if it gets complacent or overbearing, it should be prepared to face the consequences.
