A local academic has said it is time for Sarawak to harmonise its labour laws and standards instead "of sticking with its current set-up which is more appropriate for a by-gone era."

"The question is whether in just amending the Sarawak Labour Ordinance 1952 the state government really cares for workers or prefers to protect industry's profit margins?" the academic with Universiti Malaysia Sarawak (Unimas) who asked not to be identified posed to malaysiakini today.

He claimed that the ordinance was inferior to the Employment Act 1955 (of Peninsular Malaysia) as the latter was more comprehensive and wide-ranging in terms of benefits, privileges and protection for workers in all sectors.

Sarawak's sole opposition MP Chong Chieng Jen (DAP-Bandar Kuching) said state Barisan Nasional component Sarawak United People's Party (Supp) had even taken off the words socialism and replaced it with capitalism in its constitution, reflecting today's stand of its leaders towards the working class.

He was commenting on Supp president Dr George Chan's recent comments that the state government also had to ensure that changes to the state's labour laws would not frighten employers and drive investors away.

Chan was referring to the proposed amendments which will be tabled in Parliament on Dec 6-7 to the Sarawak and Sabah Labour Ordinances which, among other things, will bring workers' rights and privileges in the two states at par with their counterparts in Peninsular Malaysia.

20 years' negotiation

The two states have opted for amending their respective labour ordinances rather than an extension of the Employment Act 1955 (of Peninsular Malaysia).

This could be the reason why it had taken almost two decades from the date federal-state negotiation started on changing the labour laws in Sarawak and Sabah for anything conclusive to be agreed upon.

The federal government is understood to have wanted the Employment Act which is amended as and when necessary to be extended to the two states, with some modifications.

But the two state governments wanted to approach the matter slowly and cautiously, inspite of their 'obsolete and outdated labour laws', because of their concern on the possible implications on certain state rights, with any new changes to the law.

This largely concerns the immigration autonomy powers of the states that form part of what is known as the 20-point Inter-Governmental Committee (IGC) Agreement.

The two states are not ready to concede anything on the question of work permits that non-Sarawakians are required to apply for when they want to seek local employment.

Even Sarawakians working in Sabah are required to apply for work permits.

The agreement on immigration autonomy cannot be changed without the consent of the two states.

Inferior provisions

Another point of concern, according to Sarawak Labour Organisation (SLO) president William Ghani, is about the appointment of the state director of labour.

The ordinance when amended will see a shift of responsibility from state to federal authorities in the appointment of the labour department's top post.

"Although the Minister of Human Resources, Dr Fong Chan Onn, has given an assurance that the appointment will only be made after due consultation with the state government, I feel it should be in black and white to prevent any variations in future decision-making, when Fong is no longer the minister," he added.

Ghani, who is also Sarawak Teachers Union president, told malaysiakini today that Sarawak and Sabah elected representatives should speak in Parliament on the issue as it is of fundamental importance to the two states.

He admitted that with the present provisions of the ordinance, it was inferior to the Employment Act which, he added, "is amended, from time to time whereas the ordinance has never been amended since it was promulgated in 1952!"

He was in favour of the setting up of the proposed labour court directly under the director of labour, apart from the working of the industrial relations court, saying this would help to speed up things.

TONY THIEN is malaysiakini 's Sarawak-based stringer.