LABOUR ORDINANCE OF SABAH LABOUR (CONTENTS OF CONTRACT) (SABAH) RULES 2008

LABOUR ORDINANCE OF SABAH LABOUR (CONTENTS OF CONTRACT) (SABAH) RULES 2008

IN exercise of the powers conferred by paragraph 130o(2)(i) of the Labour Ordinance of Sabah [Sabah Cap. 67], the Minister after consultation with the State Authority makes the following rules:

1. Citation

These rules may be cited as the Labour (Contents of Contract) (Sabah) Rules 2008.

2. Contents of contract

(1) Every written contract of service made pursuant to section 18 of the Ordinance shall contain clear and unambiguous terms all that as may be necessary to define the rights and obligations of the parties to the contract and shall in all cases include the following particulars:

(a)the name and address of the employer and, where practicable, nature of the business or undertaking and the place of employment;

(b)the name of the employee;

(c)National Registration Identification Card Number, Passport or Immigration Pass Number and date of expiry (for non-resident employee);

(d)the occupation and job description;

(e)the duration of the employment;

(f)the period of notice to be given by the party desiring to terminate the contract or the payment of an equivalent amount of wages in lieu of the notice;

(g)the rates of wages and method of calculation of the wages, the manner and frequency of payment of wages, the advances of wages, if any, and manner of repayment of any such advances;

(h)the conditions of repatriation;

(i)the provision of other benefits provided for the welfare of the employee and his dependants where applicable;

(j)allowances payable and rates;

(k)rates for overtime work;

(l)other benefits (including approved amenity or approved service or any approved incentive payment scheme);

(m)agreed normal hours of work per day;

(n)number of days of holiday entitlement and annual leave with pay; of retirement; and special condition of the contract.

Every employer shall furnish to every employee employed by him the particulars in subrule (1) on or before the commencement of his contract of employment and subsequently of any change in the terms and conditions of the contract of employment. Made 18 February 2008

[KSM/PUU/T/01/04 Jld. 2(3); PN(PU2)207/VI]

DATUK SERI DR. FONG CHAN ONN

Minister of Human Resources