Andrew Lo
KUCHING (mARCH 26): It would not be necessary for the state government to demand the consultation clause in pursuing the amendment to the Sarawak Labour Ordinance (SLO).
According to Labour Law Reform Coalition (LLRC) deputy president Andrew Lo, focusing on such clause would further delay the amendment.
“We have carefully perused the state government stance that ‘as the SLO is only applicable to Sarawak and consistent with Sarawak’s right over entry of non-resident workers as provided in Article 161E (4) of the Federal Constitution and Section 65 of the Immigration Act’, we have requested for a provision requiring the state’s concurrence for any future amendment to the SLO.
“We note that Section 65 of the Immigration Act already gives absolute powers to the state to control the entry of non-Sarawakians, whether the SLO is amended or not.
“This (matter on immigration) has been fortified by several Federal Court decisions,” said Lo, referring to Deputy Minister in Sarawak Premier’s Office (Labour, Immigration and Project Monitoring) Datuk Gerawat Gala’s recent statement about the matter.
Lo added that the state cabinet’s approval of the amendments in 2021 was already an acknowledgement that any amendments to the SLO would require the state cabinet’s approval.
“As such, we believe that it is misconceived that there is a judicial and/or legislative need for a provision in the SLO requiring consultation for future amendments.
“It also offends the principle that Parliament is supreme and it cannot bind itself or a future Parliament,” he argued further, also pointing out that Article 161E (4) was already a safeguard guaranteed under the Federal Constitution to preserve the constitutional position of Sabah and Sarawak.
Any consultation clause, if at all necessary, would have to be at the federal constitution level and to be deliberated at the Malaysia Agreement 1963 (MA63) Committee, not the SLO, he added.
Lo noted that event with the amendments made to the Employment Act (EA) in 2012 and later in 2021, Sarawak had yet to have protection with regard to the prevention of sexual harassment at the workplace.
“Kelantan workers have better rights and benefits. The workers in Sarawak have been losing out every day.
“Since Datuk Gerawat has confirmed that the Sarawak Cabinet approved the amendments in 2021, the SLO Amendment Bill should have been tabled in Parliament three years ago,” he said.
Moreover, Lo claimed that the employers had been reluctant to improve workers’ rights, and such undue delay played right into the employers’ hands.
“Please don’t take workers for granted,” said Lo, also Sarawak Bank Employees Union (SBEU) chief executive officer.
In his statement made on March 20, Gerawat had described Lo’s claim of government inaction over the SLO amendment as ‘mischievous’, stating that the Sarawak Cabinet had given approval to amend the Ordinance in September 2021, meant to ensure compliance with international labour standards.
“This allegation by Andrew Lo is both misleading and mischievous to discredit the serious effort made by the state government in getting the amendment done.
“The SLO is a federal law that only applies to Sarawak, and any amendment to SLO would have to be approved by Parliament, and not the State Legislative Assembly,” said Gerawat in the statement, issued in response to Lo’s statement made on March 18, in which Lo said the Sarawak government had been consulted on amendments to the EA, but made no effort to amend the Ordinance.