MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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Work Hard, Play Fair: 2024 Amendments to Sabah Labour
Ordinance
Muhammad Izwan Ikhsan
*
., Ku Mohd Amir Aizat Ku Yusof., Rafidah@Malissa Salleh., Hershan@Ray
Herman., Lenny James Matah
Faculty of Law, Universiti Teknologi MARA, Sabah Branch, Kota Kinabalu Campus, Malaysia
*Corresponding Author
DOI: https://dx.doi.org/10.47772/IJRISS.2025.923MIC3ST25001
Received: 12 August 2025; Accepted: 20 August 2025; Published: 24 October 2025
ABSTRACT
On October 14, 2024, the Malaysian Dewan Rakyat passed amendments to the Sabah Labour Ordinance,
which were subsequently approved by Dewan Negara on December 2, 2024. The amendments, which were last
amended in 2005, include significant changes such as lowering weekly working hours to 45, increasing
maternity leave to 98 days, introducing seven days of paternity leave, and allowing for flexible work
arrangements. Penalties for violations have also been raised from RM10,000 to RM50,000. This study uses
doctrinal methodology to analyse the legal provisions of the Sabah Labour Ordinance, supported by pertinent
cases from Lexis Nexis, CLJ, and eLaw, as well as existing literature, and assessing the amendment's
compliance with international labour standards. The findings suggest that the change is a vital step to protect
workers' rights and dignity, guaranteeing that Sabah's labour laws continue to be progressive and adaptable to
the needs of the modern workplace. The amendment demonstrates a dedication to creating a just and equitable
workplace by tackling important issues like gender equality and work-life balance.
Keywords: Sabah Labour Ordinance, Labour Law Amendments, Employee Rights, Organisational
Behaviour.
INTRODUCTION
Labour law, also known as employment law, is a set of rules that govern the relationship between the employer
and employees (Krishnan et al., 2022). In Malaysia, the Employment Act 1995 applies to Peninsular Malaysia
and the Federal Territories, whereas the Labour Ordinance of Sabah (Cap 67) governs employment matters in
Sabah, and the Labour Ordinance of Sarawak (Cap 76) is enforced in Sarawak (Che Shaari, 2020). The
primary purpose of these labour laws is to safeguard the rights and interests of the employees and employers
(Ikhsan & Kamaruddin, 2023), while also guaranteeing certain minimum standards in relation to employment
in the private sector (Krishnan et al., 2022). In Sabah, the Labour Ordinance was initially introduced on 1
January 1950, and its most recent amendment occurred in 2005, prior to the latest revision nearly 20 years later
in 2024 (Bernama, 2024).
The Sabah Labour Ordinance (SLO) illustrates a situation where a federal law is adopted at the State level;
thus, the authority to legislate on this matter resides within Parliament’s legislative scope. Article 76 of the
Federal Constitution grants Parliament the power, with either the consent of the State or at the State’s request,
to legislate on issues typically falling under state jurisdiction, particularly in cases where uniformity of the law
is deemed necessary (Jayakumar, 1967). The stipulation that such laws must first be enacted by the State
Legislature before they can be enforced ensures the preservation of the distinction between Federal and State
powers (Lee, 1976). Article 76 reflects the principle of cooperative federalism, acknowledging that in certain
circumstances, the overlapping jurisdictions of Federal and State governments are an unavoidable reality
(Khalid & Jalil, 2018). With regard to labour law, Malaysia's approach strongly favours uniformity, a legacy of
the British colonial period, which placed a focus on centralising authority in the Federal government (Harahap
et al., 2024).
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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The SLO’s amendment in 2024 was finally materialised after 14 engagement sessions involving the Ministry
of Human Resources, Sabah’s State officials, and representatives from workers and trade unions. The Bill was
passed by Dewan Rakyat on 14 October 2024 (Mohamed Radhi & Sallehuddin, 2024) and received a
greenlight from Dewan Negara on 2 December 2024 (Bernama, 2024). The amendments to the SLO aimed to
align the statute with the Employment Act 1955, ensuring that employees in Sabah receive the same level of
protection and rights as those employed in Peninsular Malaysia (Daily Express, 2024). This study aims to
explore the reforms in SLO and its potential impacts on organisational behaviour including leadership,
employee motivation, job satisfaction, productivity, and team dynamics. This study also examines the
importance of legal compliance in the context of labour laws to ensure organisational justice in the workplace.
LITERATURE REVIEW
Much of the literature on Malaysian labour law focuses on the Employment Act 1955, which applies only in
Peninsular Malaysia. For example, Ponniah (1988) traces back the history of labour laws in Malaysia during
colonial period and post-independence era, including the introduction of the Employment Act 1955 and the
Industrial Act 1967 to protect workers’ rights even in the wake of emergency. Mohd Nadzri (2012) outlines
key changes introduced by the Employment (Amendment) Act 2012, such as expanding the coverage of the
Act, introducing sexual harassment offences, defining the contractor for labour's role, extending employer
liability to company officers, recognising Malaysia Day as a compulsory holiday, and requiring reports to the
Director General of Labour on foreign domestic servant employment and termination.
Similarly, while Kasmuri et al. (2021) conduct a comparative review of employment law in Malaysia and other
commonwealth jurisdictions such as Australia, Canada, and the United Kingdom, the discussion on Malaysian
labour law is confined to the Employment Act 1955. In Harahap et al. (2024), the authors conduct a
comparative analysis of labour laws in Malaysia and Indonesia and highlight that the law in Malaysia is more
centralised as compared to Indonesia. However, the authors do not discuss the fact that in Sabah and Sarawak,
specific employment statutes apply respectively. More recently, Hassan et al. (2023) analyse the recent 2022
amendments to the Employment Act 1955, by benchmarking the statute with the international labour
standards. While the paper does not discuss the employment law in Sabah, in the concluding remark, the
authors suggest that the lawmakers must ensure that the same amendments be implemented in Sabah and
Sarawak to ensure equal protection towards employees throughout the Federation. With the lack of literature
written on labour laws in Sabah, particularly the SLO, it is the aim of this study to explore the recent changes
to the law in 2024 in alleviating the dignity and rights of the workers in Sabah private sector.
As regards the relationship between employment law and organisational behaviour, literature found is mostly
from other jurisdictions. For instance, Red and Teng-Calleja (2021) examine how legal compliance with
labour laws affects organisational justice and outcomes such as organisational citizenship behaviour,
commitment, and turnover intention. Meanwhile, Nadiv and Feldman (2021) discuss how behavioural ethics
can inform employment law, focusing on issues like workplace bullying, remote work, and minor daily
violations. Sustein (2001) explores the relationship between human behaviour, cognitive psychology, and
employment law. The article highlights important aspects of employment law that affect employees’ behaviour
that include occupational safety and health, age discrimination, vacation, leave time, healthcare, parental leave,
workers’ union, and compensation. Golovina and Ivanchina (2021) explore the social values of labour law
towards organisational and individual needs. The study emphasises that labour law is essential for employees
in helping them to meet their basic needs, ensures decent working conditions, and provides social security
through various types of insurance. For employers, labour law allows employers to manage the labour process
effectively, ensuring the appropriate use of labour in line with enterprise objectives. Besides, for society,
labour law contributes to social peace by balancing the needs of employees and employers and supporting
economic development.
Storm (2007) discusses two conflicting views on labour laws and organisational growth. On the one hand, they
are seen as rigid and believed to hinder productivity growth by increasing adjustment costs and reducing
incentives for innovation. On the other hand, labour regulations can enhance productivity by improving worker
motivation and fostering a cooperative industrial relations system. The study concludes that labour market
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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regulation can positively impact productivity growth by fostering a cooperative industrial relations system and
enhancing worker motivation. Despite the extensive literature from other regions on the relationship between
labour law and organisational behaviour, this topic is less explored in Malaysia. Therefore, this paper seeks to
examine the issue within the context of the recently amended Sabah Labour Ordinance and its potential impact
on employees in Sabah.
METHODOLOGY
This research adopts a doctrinal methodology to thoroughly evaluate the legal structure surrounding labour law
in Sabah. This approach is particularly effective for conducting a detailed examination of relevant legal
documents, including statutes, regulations, and policies related to labour law. The study includes an in-depth
analysis of case law sourced from reputable online databases like Lexis Nexis, CLJ, and eLaw, alongside a
careful review of scholarly articles on the topic. In addition to the doctrinal analysis, the research also takes a
comparative benchmarking approach. This entails a detailed comparison of labour laws in other regions that
share similarities with the provisions of the Sabah Labour Ordinance. The goal is to identify the benefits and
challenges of labour regulations in these areas. This comparative perspective not only enriches the
understanding of the Sabah Labour Ordinance but also provides useful insights into best practices and possible
issues in labour law enforcement. By employing this dual approach, the study aims to add to the academic
discussion on labour law and its practical impact on workers in Sabah.
FINDINGS & DISCUSSIONS
Amendment to Sabah Labour Ordinance (SLO)
The amendment to the Sabah Labour Ordinance (SLO) in October 2024 has been hailed as a transformative
step in aligning Sabah's labour laws with the Employment Act 1955, which governs Peninsular Malaysia. This
Bill, which passed in Parliament with unanimous support, marks a historic moment as it seeks to enhance the
protection of over two million private-sector workers in Sabah (Sokial, 2024).
This section explores the major changes introduced by the 2024 amendments to the SLO and examines their
potential implications for organisational behaviour. The analysis begins by outlining the original provisions of
the SLO prior to the 2024 changes, highlighting the rights and responsibilities of both employers and
employees under the previous legal framework. It then goes on to detail the specific amendments, explaining
the reasoning behind each change and the areas of labour law they address. Key areas such as employment
contracts, working conditions, employee benefits, and compliance obligations are thoroughly examined.
Additionally, the section explores the potential impact of these amendments on organisational behaviour. It
considers how the legal changes may influence employer-employee dynamics, workplace practices, and the
overall culture within organisations operating in Sabah. This includes both the potential benefits such as
increased employee satisfaction and productivity, and the challenges businesses might face in adapting to the
new legal landscape.
The Explanatory Statement for the Amendment
The 2024 SLO Amendment Bill contains an explanatory statement at the end of the Bill which underscores the
purpose of the amendment to bring SLO in line with the international standards and practices as required by
the Trans-Pacific Partnership Agreement, the Malaysia-United States Labour Consistency Plan and the
International Labour Organisation (ILO). To date, Malaysia has ratified 19 ILO conventions and one protocol,
including the Forced Labour Convention, 1930 (No. 29), the Equal Remuneration Convention, 1951 (No. 100),
the Minimum Age Convention, 1973 (No. 138), the Promotional Framework for Occupational Safety and
Health Convention, 2006 (No. 187), the Tripartite Consultation (International Labour Standards) Convention,
1976 (No. 144), the Employment Service Convention, 1948 (No. 88), and the Protection of Wages
Convention, 1949 (No. 95) (ILO, 2024). By being a member of the ILO and ratification of the above
conventions, Malaysia has a duty to comply with the provisions of the conventions and reform the local laws
to bring them in line with the ILO standards (Abd Razak & Nik Mahmod, 2021).
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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Besides, the amendment was introduced as a commitment in fulfilling Malaysia Agreement 1963 (MA63)
obligations and to standardise the labour laws in Sabah and Peninsular Malaysia, such as the Employment Act
1955, the Children and Young Persons (Employment) Act 1966, and the EmployeesMinimum Standards of
Housing, Accommodations and Amenities Act 1990. MA63 is a pivotal foundational document which led to
the formation of the Federation of Malaysia, granting autonomous rights to Sabah and Sarawak, but sadly the
two Borneo States are still left behind in developmental aspect compared to the States in the peninsula
(Abdullah & Mulia, 2018). The issue of under-development despite their rich natural resources such as oil,
gas, and timber, becomes the root of grievances among Sabahans and Sarawakians. For instance, Sabah is
entitled to 40% of the net revenue collected under MA63's 'Special Grants to the State of Sabah and Sarawak,'
but this provision has never been implemented, and it is unrealistic for the Federal Government to pay such an
amount (Chin, 2019).
According to the Human Resource Minister, the 2024 amendment is a testament to the government’s
commitment to ensure equal treatment and protection to more than two million private sector employees in
Sabah with those in peninsula (Mohamed Radhi & Sallehuddin, 2024). The Malaysian Trades Union Congress
(MTUC) Sabah also welcome the amendment and described it as a gift to private sector employees in Sabah,
major step towards improving working conditions across the State (Sokial, 2024). Ensuring equal protection
and treatment before the law is a constitutional right enshrined under Article 8(1) of the Federal Constitution
(Amin & Afandi, 2021). It prohibits discrimination based on race, gender, religion, descent or place of birth
(Chin, 2019). Therefore, this study submits that ensuring equal protection for employees in Sabah falls within
the ambit of the equality clause. Besides, the right to work can also be invoked under Article 5(1) of the
Constitution which guarantees the right to life and personal liberty (Nik Saleh, 2020). In the case of Tan Tek
Seng v. Suruhanjaya Perkhidmatan [1996] 1 MLJ 261, the majority of the Court of Appeal ruled that the term
'life' in the right to life under Article 5(1) of the Federal Constitution encompasses all aspects essential to life
and its quality, including the right to pursue and engage in lawful and gainful employment.
Nevertheless, it was commented that, in line with the spirit of MA63, Sabah requires its own labour laws
because national policies are often inflexible and do not adequately address the unique socio-economic
conditions in Sabah, particularly in remote areas such as the plantation, construction, and service industries.
The absence of a dedicated State Ministry of Human Resources, the applicability of uniform minimum wage
order that burdens small and medium enterprises, and the lack of protection for workers in the informal sector
are among the issues that necessitate specific regulations (FMT Reporters, 2025).
Scope of Coverage of the Act
The primary change in the 2024 amendment to the SLO is in term of the scope of the applicability of the Act.
The original provision stipulates that overtime pay, work on public holidays, and rest days are limited to
employees earning below RM2,001.00 per month. The new provision increases the wage cap to RM4,000.00.
The increase of wage gap greatly benefits those who are previously earning more than RM2,001.00 as they are
now entitled to statutory protections which are previously unavailable to them (Hassan et al., 2023). As far as
Sabah is concerned, this study submits that it reflects the current economic reality in Sabah that many
employees are earning more than RM2,000.01 monthly. In the Sabah Employment Report 2019-2020, the data
of average monthly salary based on experience and qualification shows that those with STPM qualification and
4 to 5 years’ experience earn an average of RM2,077.00 monthly and RM3,000.00 monthly with above 5
years’ experience. Meanwhile, for diploma graduates, they start earning an average of RM2,219.00 monthly
with 3 to 4 yearsexperience, RM2,828.00 (4-5 years), and RM3,437.00 (above 5 years). On the other hand,
those with a bachelor’s degree qualification earn on average RM2,215.00 with 2 to 3 years experience,
RM2,465.00 (3-4 years), RM3,169.00 (4-5 years), and RM3,874.00 (above 5 years) (Sabahjob.com, 2020).
The data indicate that a significant portion of employees in Sabah are earning more than RM2,001.00. Thus,
amendment is essential in ensuring that they are also protected by the labour laws. From an organisational
behaviour perspective, fair and equal treatment contributes positively to productivity, creativity, and morale
(Osei, 2024). Conversely, unequal treatment of employees in the workplace inevitably leads to significant
problems such as diminished job satisfaction, increased stress, and reduced loyalty and commitment to
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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employers (Ensher et al., 2001) Nevertheless, it is suggested that the wage cap should be removed altogether,
to cover all employees despite their monthly wage. This is because ILO conventions and standards do not
impose any wage cap for the applicability of the labour laws (Hassan et al., 2023). The current wage cap of
RM4,000.00 still discriminates against those who earn more than that amount monthly.
Working Hours
The original provision in the SLO mandated a 48-hour workweek, but the 2024 amendment revises this to a
45-hour workweek. This is similar to the provision in the amended Employment Act 1955. This can be seen as
a move in the right direction as the ILO Hours of Work (Industry) Convention 1919 (No. 1) and the Hours of
Work (Commerce and Offices) Convention, 1930 (No. 30) provide for a maximum of 48 hours of work per
week. Working hours have changed rapidly from the agrarian era and still continue to this day. Working time
regulation is enforced to curb excessive working hours and to safeguard the welfare of the employees
(Rasmussen, 2023). Excessive working hours is also linked to adverse health effects such as increase the risks
of cardiovascular diseases, chronic fatigue, stress, depression, anxiety, poor sleep quality, all-cause mortality,
alcohol use, smoking, self-perceived health issues, mental health problems, hypertension, poor health
behaviours, poor physical health, injuries, physical inactivity, and depression (Wong et al., 2023). Besides,
after working for a certain number of hours, worker fatigue may set in, causing the additional productivity
gained from each extra hour of work to diminish (Collewet & Sauermann, 2017).
In comparing Malaysia’s 45-hour workweek policy with other countries, in Indonesia, the Manpower Law
2023 stipulates for a maximum of 40 hours workweek (Welgaputri & Surahmad, 2024) while section 38 of the
Singapore’s Employment 1968 provides for 44 hours workweek for common arrangements (Ministry of
Manpower, Singapore, 2024). In Brunei, under the Employment Order 2009, the maximum hours of work per
week is 44 (Bipo Times, 2022). Thus, while the reduction of work hours in the amended SLO is a positive
step, it still falls behind other neighbouring countries. Some jurisdictions go even further by implementing a
four-days' work policy, which is growing in popularity. The movement is part of a larger discussion of work-
life balance where the supporters of the four-day workweek argue that employees, businesses, and society at
large would be better off with one less day at work (Abrams, 2025). In a recent report surveyed over 5,000
professionals and companies across 11 Asian countries, it was found that 94% of Malaysian professionals want
to try a 4-day work week, with 50% believing it would boost productivity. However, while 79% of employers
see it as feasible, only 29% have plans or are considering transitioning to a 4-day work week within the next
two years, compared to the Southeast Asian average of 37% (Walters, 2024). Although implementing a four-
day work policy seems unfitting due to the unreadiness of the Malaysian employers, it is suggested that the
reduction of working hours should be aligned with other Asian counterparts to promote work-life balance in
Malaysia.
Maternity Benefits & Protection
Maternity protection in the workplace is a legal safeguard for female employees, recognising their dual
responsibilities of being productive at work and thriving in their family roles (Harooni, n.d.). According to
Article 4 of the International Labour Organisation's (ILO) Maternity Protection Convention, 2000 (No. 183),
women are entitled to a minimum of 14 weeks of paid maternity leave. Initially, Section 83(1) of the SLO
limited maternity leave to 60 days. However, the 2024 amendment aligns this provision with the ILO
Convention, extending the paid maternity leave period to 98 days, equivalent to 14 weeks. This change ensures
that the paid maternity leave duration in Sabah meets international standards, providing better support for
working mothers.
From a social welfare standpoint, maternity benefits, such as paid maternity leave, provide women with the
assurance that they will continue to receive their monthly salary even while they are away from work after
giving birth (Lavael & Kirubagaran, 2022). Additionally, this will ensure that career women do not have to
choose between their professional aspirations and their family life. With the security of paid maternity leave,
they can confidently pursue both career and family goals without the fear of losing their income or having to
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
Virtual Conference on Melaka International Social Sciences, Science and Technology 2025
ISSN: 2454-6186 | DOI: 10.47772/IJRISS | Special Issue | Volume IX Issue XXIII October 2025
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resign. This support allows women to maintain their professional pursuit while also embracing the
responsibilities and joys of motherhood, fostering a more balanced and fulfilling life (Mulitharan, 2022-2023).
In Indonesia, Law 4/2024 grants working mothers a minimum of three months of paid maternity leave, with
the possibility of extending it for an additional three months under special circumstances, such as health issues
or complications that endanger the mother or child's health during pregnancy or after childbirth, with a doctor's
authorisation. During this maternity leave, mothers will receive their full salary for the first four months and
75% of their salary for the fifth and sixth months. This marks a significant improvement for employees, as the
previous Law No. 13 of 2003 on Manpower, amended by Government Regulation in Lieu of Law No. 2 of
2022, only allowed for up to six weeks of maternity leave after childbirth (Lovells, 2024).
In Singapore, a woman is eligible for 16 weeks of paid maternity leave if the following conditions are met:
(Ministry of Manpower Singapore, 2024)
The child is a Singapore citizen.
For employees: The individual has served their employer for a continuous period of at least 3 months
before the child's birth.
For self-employed individuals: The individual has been engaged in their work for at least 3 continuous
months and has experienced a loss of income during the maternity leave period.
The individual has given their employer at least one week's notice before commencing maternity leave
and informed them as soon as possible of the delivery. If this notice is not given, the individual is only
entitled to half the payment during maternity leave, unless there is a valid reason for not providing the
notice.
During the leave period, the employer will pay the individual, and they can then claim reimbursement
from the Government under the Government-Paid Maternity Leave (GPML) scheme.
When comparing the maternity leave duration in Indonesia and Singapore, the 98 days mandated under the
SLO still falls short compared to neighbouring countries.
Paternity Leave
Given the evolving domestic arrangements in many families, where both spouses are employed, paid parental
leave is crucial to support employees following the birth of a child (Pizarro & Gartzia, 2024). Paternity leave is
introduced to enhance a father's involvement with his newborn, fostering a stronger bond between father and
child from the earliest stages of life. This leave acknowledges and promotes the shared responsibility of child-
rearing between both parents, ensuring that fathers have the opportunity to actively participate in nurturing and
caring for their infants. By supporting fathers in taking time off work, paternity leave helps to balance the
caregiving duties, contributing to a more equitable distribution of parental responsibilities (Petts & Knoester,
2018).
In Sabah, prior to the SLO amendment, there was no provision for paternity leave. As a result, fathers had to
use their paid leave or take unpaid leave to care for their newborn and support their wife after childbirth. This
lack of formal paternity leaves often placed additional financial and emotional strain on families, as fathers had
to balance their work responsibilities with the need to be present during the crucial early days of their child's
life. The introduction of seven days’ paternity leave in the 2024 amendment marks a significant step forward
in recognising the importance of a father's role in child-rearing and providing much-needed support to families
during this critical period (Sofiah, 2024).
Currently, there is no established ILO standard for the duration of paternity leave. However, the European
Parliament and Council have adopted Directive 2019/1158 on work-life balance for parents and carers, which
MIC3ST 2025 | International Journal of Research and Innovation in Social Science (IJRISS)
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mandates ten days of paternity leave in member states (Booth, 2020). In Indonesia, under Law 4/24, male
employees are eligible for two days of paternity leave, with the option to extend it by an additional three days
(Lovells, 2024). In Singapore, from 1 January 2017, eligible working fathers, including those who are self-
employed, are entitled to two weeks of paid paternity leave funded by the Government (Minister of
Manpower, Singapore, 2024). When comparing the duration of paternity leave in Sabah, Indonesia, and
Singapore, it becomes evident that seven days is a promising beginning, especially considering that the
concept of paternity leave was previously non-existent in Sabah. This initiative not only aligns Sabah with the
practice in Peninsular Malaysia, but also promotes a more balanced approach to parenting, ensuring that
fathers could actively participate in nurturing and caring for their newborns.
Flexible Working Arrangements
The COVID-19 outbreak has necessitated significant innovation within industries and organisations to
accommodate more flexible working arrangements (FWAs). As the pandemic disrupted traditional work
environments, businesses had to quickly adapt to ensure continuity and productivity while prioritising the
health and safety of their employees. This shift has led to the widespread adoption of remote work, hybrid
models, and flexible hours, allowing employees to balance their professional responsibilities with personal and
family needs more effectively (Rahman et al., 2020). Driven by social trends and technological advancements,
FWAs allow employees to continue their careers while starting families or avoiding relocation for temporary
positions, with benefits such as improved productivity and creativity. Surveys indicate that a significant
majority of companies have adopted flexible working policies, reporting enhanced productivity and reduced
stress (Borrell-Damian & Haeussler, 2018).
The 2024 SLO amendment introduces flexible working arrangements (FWAs) in Sabah through Chapter
XIVB. Employees can apply in writing to adjust their work hours, days, or location. Employers must respond
within 60 days, either approving or providing written reasons for any refusal. In Peninsular Malaysia, the
Department of Labour has published the “Guidelines for Implementation of Flexible Work Arrangements”.
The guidelines define FWAs as flexibility in working hours, days, or location, and provide examples such as
flexible start and end times, working fewer days per week, and remote or hybrid work options. These changes
aim to support work-life balance and adapt to modern work environments (Alagaratham et al., 2024). With the
implementation of FWAs in the SLO, it is reasonable to anticipate that similar guidelines will be adopted in
Sabah. The adoption is essential to create a more consistent regulatory framework across the region,
simplifying compliance for businesses operating in both areas. This consistency would also enhance the
attractiveness of Sabah as a place to work and invest, contributing to its economic growth and development.
Sexual Harassment
The 2024 SLO amendment also introduces a new Chapter IIB on sexual harassment. The Ordinance defines
“sexual harassment” as “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural
or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of
and in the course of his employment”. The Chapter also provides guidelines for inquiry procedure following
sexual harassment complaints. Prior to the inclusion of sexual harassment offence in the SLO, Code of
Practice on the Prevention and Eradication of Sexual Harassment in the Workplace 1999 published by the
Ministry of Human Resources, applies. However, since the Code is only a guideline, it does not carry the
weight of law, allowing individual companies the discretion to choose whether to implement it (Kaur, 2009).
With the introduction of a special chapter on sexual harassment in the SLO, employers are now under the
obligations to comply with the law. According to section 7W of the new SLO, any employer who fails to
inquire into complaints of sexual harassment, to inform the complainant about the refusal to inquire the
complaints, to submit report of inquiry to the Director General of Labour, or to exhibit notice of awareness on
sexual harassment, shall be subject to a fine not exceeding RM50,000. This study submits that this penal
provision could act as a deterrence to ensure employers’ compliance with their obligations under Chapter IIB
of the SLO. This is also aligned with the Violence and Harassment Convention, 2019 (No. 190) which aims to
eliminate violence and harassment in the world of work, recognising it as a human rights violation and a threat
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to equal opportunities. highlights the need for a comprehensive approach involving laws, policies, and
programs to protect workers and promote a safe and healthy working environment.
While the 2024 amendment addresses sexual harassment, it should be considered alongside the Anti-Sexual
Harassment Act 2022, which has broader coverage beyond workplace harassment. The Act establishes a
twelve-member tribunal to handle sexual harassment complaints (section 4) and is gender-neutral (section 7).
If the Tribunal is already addressing a complaint involving the same parties, the court lacks jurisdiction, with
some exceptions (section 8). Legal representation is only provided for complex legal issues (section 13).
Tribunal hearings are private (section 14), and decisions must be made within sixty days of the first hearing
(section 19(1)). Non-compliance with the Tribunal's decision can result in fines or jail time (section 21).
Appeals to the High Court are permitted only for serious irregularities (section 23(1)). An Administrator is
tasked with creating policies, issuing guidelines, and promoting awareness activities. However, the legislation
has been criticized for not adequately protecting against victimisation, hostile environments, and lacking
employer obligations to prevent and address such conduct (Hamin et al., 2023).
Employment among Children
One of the issues that are encountered by developing economies, including Sabah, is child labour. Unlike West
Malaysia, Sabah is unique as it has a long history of allowing international migrant workers, mainly from
Indonesia and the Philippines, to bring their families under a special permit. However, ineffective regulatory
implementation and irregular migration lead to some workers and their children becoming "irregular workers
and dependents." Additionally, the long migration history of Indonesians and Filipinos in Sabah contributes to
children lacking identity documents and the risk of statelessness, exacerbate the problem of child labour
(Wahab & Dollah, 2023). The ILO Minimum Age Convention, 1973 (No. 138) requires state parties to
establish a minimum age for entry into work or employment; and to establish national policies for the
elimination of child labour. The Worst Forms of Child Labour Convention, 1999 (No. 182), which has
received universal ratification, The Convention emphasizes the urgent need to prioritize eliminating the worst
forms of child labour while maintaining the long-term goal of eradicating all child labour. It mandates
countries to take immediate, effective, and time-bound actions to address this issue.
Clause 17 of the SLO Amendment Act aims to revise section 72 of the Ordinance to prohibit children and
young persons from engaging in hazardous work and to set the minimum working age at thirteen years.
Previously, the SLO did not specify an age limit for children to work. Additionally, Clauses 18 and 19 propose
amendments to paragraphs 73b(1)(a) and 73c(1)(a) of the Ordinance to restrict the working hours of employed
children and young persons. Under the original provisions, children were not allowed to work between 8 PM
and 7 AM. The amendment changes this to prohibit work from 6 PM to 7 AM. For young persons, the original
rule barred them from working between 8 PM and 6 AM. The amendment extends this restriction to 6 PM to 7
AM. These changes aim to provide better protection for children and young persons in the workforce, ensuring
their safety and well-being. Further protection towards children and young people is accorded under the new
Second Schedule of the SLO. They are not permitted to engage in prostitution, gambling and lotteries, sale of
alcoholic beverages, social escorts, hosts, massage or reflexology services, pornography, and prohibited
substances. These restrictions are a clear statement of prioritising the rights and safety of children, providing
legal boundaries that ensure they are not thrust into adult, potentially dangerous, or exploitative situations. The
inclusion of areas like social escorts, massage services, and prohibited substances reflects a broader concern
for young people's overall well-being, recognising that exposure to these sectors can lead to long-term
psychological or physical harm.
Alignment of SLO with Employment Act 1955, Prospects & Challenges
The 2024 amendment to the SLO is intended to bring the labour law in the Sabah in line with the Employment
Act 1955 which applies only in West Malaysia (Sandosam, 2025). The amendment largely standardises labour
law in Malaysia to ensure equal rights and protection for employees throughout the Federation. Similar
provisions that are applicable in Peninsular Malaysia are introduced via the SLO amendment. By reducing the
gaps between the labour laws in Sabah and Peninsular Malaysia, it promotes fairer industrial practices and
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greater employer’s liability and accountability (Lau & Ying, 2025). The amendment is also regarded as an
important step to encourage more foreign companies to invest in Sabah with greater confidence and ease,
supported by proper labour legislation (Bernama, 2024). It is also seen as a significant move to fulfil
Malaysia’s obligations towards the international labour law standards, especially the International Labour
Organisation (ILO) Declaration on Fundamental Principles and Rights at Work 1998. The Ministry of Human
Resources is also hopeful that the amendment would improve Malaysia’s reputation worldwide (Bernama,
2025).
While the amendment is largely supported by various stakeholders, there are concerns over the implementation
of the SLO. First, while the amendment come into force on 1 May 2025, section IVA on minimum standards
for workers' housing, accommodation, and facilities are exempted (Bernama, 2025). With such an exception,
many local and foreign workers, particularly in the plantation, construction, and manufacturing sectors in
Sabah may continue to live in overcrowded, unsafe, and unsanitary housing conditions. Past studies have
shown that poor living standards contribute to health risks, disease outbreaks, and reduced productivity (Iqbal,
2016; Wahab, 2020). Besides, lack of protections for workers’ accommodation may undermine investor
confidence, especially among multinational corporations that prioritise Environmental, Social, and Governance
(ESG) compliance (O’Connor, 2022).
Another concern as regards the amendment to the SLO is the compliance cost faced by small and medium
enterprises (SMEs) that are struggling to absorb the rising production costs without affecting their profitability.
The Federation of Malaysian Manufacturers (FMM) Sabah branch highlighted that the amendment to the law
must consider the realities and gaps of the regional economies between Sabah and Peninsular Malaysia. For
instance, in manufacturing sector in Sabah which operate around the clock, many SMEs still rely heavily on
manual and semi-automated processes. Thus, the reduction of standard working hours poses a serious
challenge to those SMEs. The extension of maternity leave and the introduction of paternity leave would
significantly lower productivity output and increase operational costs (Wong, 2025).
The introduction of the national Minimum Wages Order 2024 which raised the minimum monthly wage to
RM1,700 starting 1 February 2025 may also put a strain on SMEs. Many businesses have frozen new hiring to
contain operational costs and pass the burden on to consumers by increasing the prices of their products
(Wong, 2025). By enforcing a uniform wage standard, it may cause serious disruption to Sabah’s economic
development. There are still substantial differences in the economic structure and cost of living between Sabah
and West Malaysia. For instance, in Sabah, there are still many rural areas with lower cost of living and
weaker economic structure. SMEs in agriculture, retail and service sectors face immense pressure to comply
with the RM1,700 minimum wage policy. Besides, the labour market in Sabah is predominantly low-skilled
thereby raising question as to whether the RM1,700 minimum wage is justified (Borneo Post, 2025). The
increased minimum wage may cause businesses to reduce their workforce or hire foreign workers instead of
locals with lower wages due to their illegal immigration status (Geetha et al., 2024).
Another point of contention is that uniform standard law is inappropriate for Sabah due to its diverse economic
conditions. While companies in urban areas may afford to pay higher wages and spend more on compliance
costs, businesses in rural areas could not afford to do the same (Geetha et al., 2024). The implementation of the
SLO irrespective of urban-rural disparities mya exacerbate inequalities between urban and rural areas. Besides,
a significant portion of Sabah’s economy is still dominated by informal sectors. Thus, enforcing compliance in
such sectors can be difficult (Geetha et al., 2024). Sabah’s unique economic profile with dominant informal
sector warrants a departure from a standardised national wage policy where a regional-based State’s
framework should be implemented instead (Beliku, 2025). In term of access and facilities, logistical linkage in
Sabah relies only on shippinh, while businesses in Peninsular Malaysia enjoy benefits from world class ports,
train system and efficient highway network (Borneo Post, 2024). A sustainable approach that supports both
businesses and employees must be introduced (Sokial, 2025).
Weak enforcement is regarded as another major setback to the SLO implementation. Despite the increase in
penalties via the amended SLO, it is forecasted that only 10 percent of those in the formal workforce would see
the benefits of the new law. The law is weakly enforced in key segment of the workforce especially migrant
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workers in plantation sectors who work in remote areas beyond the reach of the authorities. Currently,
Malaysia has about 400 labour inspectors, with less than 100 officers in Sabah, to monitor the 1.63 million
hectares of plantations in Sabah alone (Al-Ayubby, 2025). This clearly shows that the Labour Department is
understaffed to enforce labour laws and ensure business compliance with the laws. The absence of a Sabah
Ministry of Labour or Human Resources Ministry as agreed under the Malaysia Agreement 1963 also makes
enforcement more challenging. This is because Federal Government’s policies are often rigid and misaligned
to meet the actual needs of the Sabah labour market. The need to get Federal approval for foreign labour
quotas and permits often lead to delays and seasonal labour shortages in plantation industry. Currently, the
State Ministry of Science, Technology, and Innovation holds responsibility for manpower matters, though its
core priorities lie in education, library administration, and technological initiatives ranging from space
exploration to artificial intelligence (AI) (Thien, 2025).
On flexible working arrangements (FWAs) introduced in the SLO’s amendment, it may force businesses,
especially SMEs, to hire additional staff as not all industries can adopt to FWAs. Those in the manufacturing
and retail industries or those requiring direct customer interaction may find difficulty to implement flexible
working hours. A proper guideline is needed to specify which industries are permitted to implement FWAs.
Among the jobs that are suitable for such arrangement are graphic designers, call centre operators, draftsmen,
and computer programmers. (Nunis, 2024). Another challenge to implement FWAs in Sabah is the disparity in
access to and usage of digital technology, particularly in rural areas. In Sabah, Significant digital inequality
exists between urban and rural communities. Residents in rural areas face far poorer access to the internet and
digital tools compared to those in urban setting. Besides, lower levels of education strongly correlate with
limited digital access and usage. Individuals with minimal formal education are particularly affected (Salleh et
al., 2023). This presents a challenge to implement FWAs as technological tools such as cloud computing, high-
speed internet, mobile connectivity, collaboration tools, and cybersecurity solutions are essential to support
FWAs (Staytion, 2024).
CONCLUSIONS
The amendment to the Sabah Labour Ordinance (SLO) in 2024 marks a significant and progressive step
towards aligning labour regulations in Sabah with those of Peninsular Malaysia, particularly the Employment
Act 1955. This legislative effort is monumental as it not only harmonises labour laws across Malaysia but also
acknowledges the unique socio-economic landscape of Sabah, addressing the need for fairer and more
comprehensive labour protections for workers in the region. By bringing Sabah’s labour laws in line with the
Employment Act 1955, the amendment strengthens workers' rights, safeguards against exploitation, and
ensures more uniform standards in areas such as wages, working hours, benefits, and employment conditions.
For businesses operating in Sabah, this alignment reduces the disparity between the labour laws in the two
regions, allowing for clearer regulations and smoother inter-state business operations. Additionally, it
promotes better working conditions and provides an essential framework for addressing employee grievances,
which could lead to an overall improvement in workplace environments and employee satisfaction.
The potential effects of this amendment on organisational behaviour are vast and multi-dimensional. First,
organisations will need to adapt to the more stringent labour laws, which may require adjustments in existing
practices related to worker treatment, contracts, compensation, and work-life balance policies. Businesses will
likely need to implement more structured human resource management systems to ensure compliance with the
new legal standards. This could lead to a greater emphasis on administrative processes, documentation, and
internal audits, as organisations ensure they meet the newly standardised requirements. In the short term,
companies may face challenges in adjusting to the new regulations, especially small and medium enterprises
(SMEs) that may not have the resources to immediately overhaul their policies and practices. However, in the
long run, the new legal framework can foster a more positive organisational culture. Clearer labour protections
can lead to a more motivated and engaged workforce, as employees may feel safer, more valued, and more
secure in their jobs. This could improve productivity, reduce turnover rates, and promote a stronger sense of
loyalty and commitment among employees.
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ACKNOWLEDGMENT
The authors would like to express their sincere gratitude to the University Teknologi MARA (UiTM) Sabah
Branch, Kota Kinabalu Campus, for providing the opportunity and necessary support to conduct this study.
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