Labor Law and Practice in Malaysia and S
Labor Law and Practice in Malaysia and S
Labor Law and Practice in Malaysia and S
https://books.google.com
DOC
331 BLS Report 2
714
42L2.27 g Laber & Industrial Relation 274
LABOR
LAW AND PRACTICE IN
3 0112 101926597
UNITED STATES DEPARTMENT OF LABOR
W. Willard Wirtz, Secretary THE LIBRARY OF THE
BUREAU OF LABOR STATISTICS
MAA JAN 1S 1966
Ewan Clague , Commissioner
go
UNIVERSTY DE ILLINOIS
Preface
This report is one of a series being prepared in the Bureau of Labor Statistics.
The series is intended to provide background material for U.S. business, trade
union and labor specialists, students, and Americans who may be employing local
workers in foreign countries. It is hoped that the series will also be useful to
persons concerned in more general ways with labor in foreign countries.
Source material used in preparing this study included Foreign Service reports ,
publications of the National Government of Malaysia and the State Governments
of Singapore, Sabah, and Sarawak, other printed sources, and personal observa
tions of the author. The research was completed in 1964.
The report was prepared by Michael B. Zuzik and reviewed by Harriet Micocci,
under the supervision of Juliet F. Kidney in the Bureau's Division of Foreign
Labor Conditions, William C. Shelton, Chief.
August 1965
i
Contents
Page
Part I. The country and its workers . 1
Chapter I. Geographic setting- 1
Location and area . 1
Geographic factors and climate . 2
Labor organizations.- 37
Management organizations . 41
International ties ... 44
Chapter IX. Industrial relations . 44
Collective bargaining 44
Settlement of disputes- 48
Relations in nonunion enterprises 54
Disciplinary actions.. 62
62
Chapter XI . Hours of work and premiums .
Hours of work .- 62
63
Nightwork .---
Overtime premium 64
Paid leave.. 64
ü
Contents — Continued
Page
Pay changes 74
Pay period frequency 75
Travel and transportation expenses . 75
Chapter XIII . Health , safety, and workmen's compensation . 76
Health and sanitation . 76
Safety conditions and required precautions 77
Accident and disease compensation .. 78
Chapter XIV . Social insurance . 80
Appendixes :
A. Principal labor laws of Malaysia, 1964.- 85
Tables :
8
1. Foreign exchange earnings of Malaysian States, by principal sector, 1961 .--
2. Malaysian imports, by main commodity groups, 1962.- 9
3. Estimated population of Malaysian States, by ethnic group, 1961 .-- 11
4. Peninsular Malaysia : Number of primary and secondary schools and enroll
ment, January 1963.-- 16
5. Singapore : Enrollment in primary and secondary schools, January 1963 16
11. Malaysia : Percent distribution of the male labor force, by occupation ... 23
12. Peninsular Malaysia : Employment status of the labor force, by economic
sector, 1957 . 23
13. Singapore : Employment status of the labor force, by economic sector, 1957. 24
14. Sabah : Employment status of the labor force, by economic sector, 1960. 24
15. Peninsular Malaysia : Public service employees, by employing agency, July
1962 ---- 27
16 .Mainland Malaysia : Membership of registered organizations, December 1963 . 38
17. Mainland Malaysia : Union membership, by sex and racial origin , March 1963 38
18. Singapore: Distribution of unions and membership , by industry, 1962. 39
19. Mainland Malaysia: Strikes, numbers of workers involved, and man -days
lost, 1957–63. 50
20. Peninsular Malaysia : Average daily and monthly earnings on rubber, coconut,
oil palm, and tea estates, by occupation , July 1962 - 69
21. Peninsular Malaysia: Average daily and monthly earnings in the tin industry,
by occupation, July 1962 ... 70
iii
Contents Continued
Page
Tables - Continued .
22. Sabah : Average daily wages, by occupation and main industry, 1962 .- 72
Charts :
1. Malaysia: Ministry of Labour, 1964 . 29
iv
1
0
100 102 104 106
CAMBODIA
12
t
re
MALAYSIA ANON
PENA
VIETA
SAICON
*
International boundary
State boundary
104
National capital
State capital
Statute Miles
THAILAND
Ban Hat Yai
PERLIS Yola SOUTH CHINA
6 Alor Star
KEDAH Koto Bhoru
PULAU PEREK Sungei
to KEDAH ) Patani
Georgetonen Butterworth Kuala
PENANG
Kuala
'PERAK KEL Trengganu
Taiping ANTAN STRENGG
Sunga
peroki
Sun S'l .
Ipoh gei Jelai
Kualo
Telok Lipis
Anson
PAHANG Kuantan GREAT NATUNA
Kuala SELANGORY Sungei Pahang
Selangor
ST Port KUALA NATUNA
RA
Swettenham LUMPUR . Tasek
I Bera ISLANDS
T NEGRU PULAU KEPULAUAN
Seremban TIOMAN
07 ANAMBAS SOUTH NATUNA
ISLAND
Port SEMBILAN
Dicksony
OA MA
Malacca
24 MALACCA LA JOHORE
CC Kluang
A Johore
Bahrus
SUMATRA SINGAPORE
op
$
N DO N " ES 1
100 102 104 106 108
.
110 112 114 1.16 118
F12
-10
SPRATLY
ISLAND PHILIPPINES
8
BALABAC
ISLAND
SULU
Treaty SEA
PULAU
Li
BANGGI
mi
ts
هatم
cho ปี
Kud .
SEA
Kota Belud Pai
WEST the
lip 6
COAST pin
JESSELTON Sandakan es.
n gan
LABUAN abu
SANDAKAN Kin
BRUNET FrameMotor ) Beaufort R Sungel
O
ERI Keningau
(Brition ProtectorateARUMET INT Lahad Datu
SABA SH
(NORTH BORNEO )
TAWAU
Tawau
Miri
FIFTH PULAU SEBATIK
n e rom
FOURTH
Boto
к Bo n
CELEBES
ang
SEA
Raj
W
Hoe
ang
Sibu Bat 8
Batang Rajana Bat 2
ang
THIRD
KUCHING Baleh
SECOND
Simang gande
FIRST
BORNEO
(KALIMANTAN
A
110 112 114 116 118
Ron
BURMA SE VIENTIANE HAINAN
100 120 130
RANGOON NORTH
VIETNAM LUZON
LAOS
THAILAND SOUTH
PHILIPPINE
MANIL
BANGKOK CHINA SEA
INDSEA
ANDAMAM X (GAMBODIA SOVTH SEA
RA
PENH
OO
SAIGON
118 -
PANAY
in
N
5
-10 10
T' KO G
AI NG
N
EI 00
A
HO
IL
-P 1- 6
PALAWAN
00
02
N
MA - 15 MINDANAO
GON
-2
A Davo
SI
5
SAT
- 8
Y
6
A
COL MALAYSIA M AL
BRUNEI
OMB 1
O - 700
( UK ) SABAH
2 .
s
KUALA 8
DJA
CELEBES SEA
KAR
" SARAWAK
SINGAPORE HALMAHERA
TA
O
doo
5-
BORNEO
SUMATRA NEW
E
GELEDES CERAM
Palembang Adieron
BILLITON DA BURU GUINEA
RW 2
IN - 095
INDIAN JAVA SEA
OCEAN
BANDA SEA
SDJAKARTA
100 AVA
BALI
FLORES
SY EDILI
PORTUGUESE
ORIENTATION MAP DN
EY 9
SUMBA
3 TIMOR 10
-10 15
- TIMOR
Air distances are in statute miles
200 400 600
- LI Darwin
Statute Miles AUSTRALIA
110 120
5130
Labor Law and Practice in Malaysia and Singapore
1
of Filipinos going to that area . Prior to the “ con countries such as rubber, tin, copra, pepper, lumber,
frontation ” with Indonesia 3 much of the skilled rice, sugar, and textiles . Singapore also serves as
and unskilled labor supply for Sabah, and even area distribution and sales promotion center for the
Sarawak , came from Indonesia . Sabah is still in need manufactured goods ( chiefly watches and automo
of a labor supply, and unable to fill completely its biles) of industrialized countries. Its small area , and
manpower requirements. lack of natural resources and of good soil for large
Geographic Factors and Climate cash-crop plantations, contribute to its dependence
on world trade.
The geographic position of western Malaysia Sarawak and Sabah lie to the east of the main
(peninsular Malaysia and Singapore) has been shipping routes and hence have not profited to the
significant in the development of the agricultural same degree from the cultural and economic activity
and commercial importance of the region . In its engendered in Peninsular Malaysia and Singapore .
early history, peninsular Malaysia served as a land The region's development has, however, shared with
bridge between continental Asia and the lands of the the western region the common influences of former
southwest Pacific, and as one of the routes traveled colonial rule.
by the prehistoric peoples of Indonesia, Melanesia, Sarawak is divided into three main zones : An
and Australia. Along the routes used by the early alluvial and swampy coastal plain, an area of rolling
migrants, especially in the plains in the western part country intersected by mountain ranges, and a
of peninsular Malaysia, are today the larger towns mountainous region in the interior. Although the
and main agricultural and commercial areas. The mountains are not exceptionally high, the ranges are
developed areas, including large rubber and oil palm generally unexplored . The highest peak is Mount
plantations (covering more than 4,000,000 acres) and Murud (7,950 ft.). Many rivers originate in the
tin mines, stretch from the west coast to the foot of mountains and flow to the sea. The largest is the
the central mountain ranges, which run northwest to Rajang, 350 miles long and navigable for nearly 150
southeast . A central mountain range extends from miles, while others include the Sarawak (70 miles)
Thailand to Tampin in the state of Negri Sembilan and Batang Lupar ( 122 miles) . Most serve as
on the southwest coast. West of the Central Range major routes of transportation and communication
is the Bintang Range and to the east is Gunong and are the chief economic arteries of the country.
Tahan (7,180 ft. ) , peninsular Malaysia's highest Sabah is divided roughly in two by the Crocker
peak. Between the mountain ranges parallel to the Range, which runs north and south parallel to the
coastlines are many low , flat plains interspersed with coast, and culminates at its northern end in Mount
hills and formed by the sedimentary action of small Kinabalu ( 13,455 ft . ) , the highest mountain in
rivers which drain the peninsula eastward and west Malaysia, venerated by the natives as the resting
ward from the central highlands. To the east , the place of the dead . The numerous rivers constitute
largest rivers are the Pahang, Kelantan , and Treng the only means of communication in some districts.
ganu ; to the west are the shallow Perak River, the The largest is the Kinabatangan , which courses 350
Selangor, and the Muda. Approximately four -fifths miles before reaching the sea between Sandakan and
of the peninsula is covered by forest and swamps; Tambisan on the northeast coast , while the Segama,
mangrove swamps fringe the west coast , while the Sugut , and Labuk empty into the sea on the east
east coast is lined with sandy beaches. coast . The rivers of the west coast are shorter and
Singapore, located at the crossroads of continental swifter, the largest being the Padas along whose
and insular Southeast Asia, serves as a transfer valley runs the railway connecting Beaufort and
point for trade goods from the ports of all continents. Tenom in southwest Sabah . Sabah has several
Its industry and to some extent its culture are deepwater harbors, including Jesselton , Sandakan,
clearly determined by its geographical location and Lahad Datu, and Cowie Harbor with its port of
financial and port facilities. The island is directly on Tawau .
the main historical sea route between India and the Although the greater part of Sabah is covered with
Philippines, Mainland China, Taiwan, and Japan. jungle, the coastal area is alluvial and swampy.
Its western approaches constitute one of the best Most of the population and the major part of the
natural harbors of the world , the fifth busiest in the rice fields and rubber plantations are concentrated in
world , and after Hong Kong the second largest in an extensive western coastal plain. The east coast
Asia Singapore commercial firms handle the has rich stands of commercial- grade timber, where
financing and sale of products of neighboring logging operations have triggered a recent boom .
2
The climate in Malaysia is characterized by The climate in Sarawak and Sabah also is tropical
high temperatures, high humidity, and copious and influenced by monsoons. Daytime temperatures
rainfall. Temperature in peninsular Malaysia and in Sarawak average 85° F. , with little variation and
Singapore averages from 74 ° F. to 87° F. during high humidity. Most of Sarawak receives an annual
the year, varying between day and night at least rainfall of 120-160 inches. In Sabah, daytime
20 degrees, but with no appreciable seasonal varia temperatures on the coast usually vary between
tion. Rainfall is abundant, ranging from 80 to 120 74° F. and 88° F. with night temperatures of around
inches a year in the lowlands to about 200 inches in 72° F. Annual rainfall varies from 60 to 160 inches.
the highlands. There are no pronounced wet and Because changes in temperature, wind and rain
dry seasons. However, northeast and southwest fall are slight, there are no noticeable seasonal effects
monsoons divide the year into two periods. The of climate on either labor supply or work habits.
northeast monsoon begins in October or November Rain rarely causes more than brief interruption in
(a little earlier in peninsular Malaysia than in outside work, and Malaysians do not usually take
Sarawak and Sabah) and lasts until February or
siestas. Air - conditioning is used principally in the
offices of senior grade officers in government and of
March, while the southwest monsoon blows from Western companies, but not as yet in factories.
mid-April or May to September or mid-October. The damp tropical climate undoubtedly accentuates
During the southwest monsoon, sudden squalls and health problems, but appears to have only a limited
gusts are most common in the Strait of Malacca , effect on productivity; Western staffs suffer greater
where they are known as "Sumatras." discomfort.
6
Court in its civil and criminal jurisdiction are collec The Court system in Sarawak is similar to that
tively described as the Supreme Court. The in Sabah; the Magistrates Courts and Native
Supreme Court judges are appointed by a council Courts are also similar, and have similar jurisdiction.
consisting of the Chief Justice, all other supreme
court judges, and the State Advocate General. The National Economy
Singapore also has at least 15 Criminal District
and Magistrates Courts and 1 juvenile court (hand Malaysia is principally an agricultural country,
ling cases of persons under 16 years of age) . The although the structure of economic activity varies
Magistrates Courts are presided over by magistrates among the component States. In peninsular
with powers generally to impose prison sentences Malaysia, about 58 percent of the employed labor
extending to 1 year and fines up to M$2,000. The force are engaged in agriculture, forestry, and fishing,
judges of the Criminal District Courts have power as compared with about 80 percent in Sarawak and
generally to impose prison sentences of from 3 to 7 Sabah and about 8 percent in Singapore. Con
years and fines up to M $ 5,000. More serious versely, manufacturing and construction occupy
criminal cases are tried in the High Court at a about 20 percent of the labor force in Singapore,
monthly assize, presided over by a judge of the but only about 10 percent in peninsular Malaysia
High Court with a seven -man jury ; appeal may be and less than 6 percent in Sabah and Sarawak .
taken to the Court of Criminal Appeal, consisting Trade, transport , and other services account for
of the Chief Justice and two judges or more . In about 70 percent of employment in Singapore,
addition , a Shariah Court set up under the Muslims about 30 percent in peninsular Malaysia, and 13
Ordinance hears support cases where the parties are percent in Sarawak and Sabah .
of the Islamic faith . Special courts handle labor Singapore has the highest per capita income,
problems. (See p. 50.) about M$1,300, peninsular Malaysia about M $ 800,
The Chief Justice of the Sabah and Sarawak High Sabah about M$700, and Sarawak about M$550.
Court is resident in Kuching, Sarawak, where the The average for all of Malaysia is approximately
principal registry is situated, and sits on the Federal M$840, well above that in most other countries of
Court when it is in session in Sabah . The one puisne southeast Asia.
judge in Sabah is the senior puisne judge of the High The prosperity of Malaysia, compared with
Court for Sabah and Sarawak. He sits mainly in surrounding countries, is in large part based on its
Jesselton and Sandakan, but visits other centers on specialization in a number of profitable export
circuit as business necessitates. There are three products and trade services. For Malaysia as a
puisne judges in Sarawak . Appeals from decisions of whole, exports of domestic goods and services
the High Court are heard exclusively by the Federal amounted to about M$4 billion in 1961 , or over 41
Court, which holds periodic sessions in Jessėlton , percent of the combined national product. The
the capital of Sabah. ratio of export income to gross national product in
The Magistrates Courts in Sabah are under peninsular Malaysia is 40 percent , while in the
Stipendiary Magistrates, and Magistrates of the remaining areas, it is about 50 percent. While
First, Second, and Third Classes. there are significant differences in the structure of
Apart from the Magistrates Courts in Sabah, foreign exchange earnings, rubber plays a major
Native Courts have jurisdiction in the following role in all of them, accounting for about 45 percent
matters: (1) Cases arising from alleged breach of of total export earnings in 1961 (table 1 ) and also
native law or custom , in which all parties are natives; contributing significantly to Singapore's entrepôt
(2) cases arising from alleged breach of native law income. However, lumber is the mainstay of Sabah's
or custom - religious, matrimonial, or sexual-in foreign exchange earnings, while in Singapore,
which one party is a native, if the District Officer foreign exchange earnings derive mainly from a
has sanctioned proceedings ; and (3) cases arising variety of entrepôt activities (importing and reex
from claims of breach of Muslim law and custom porting goods and processing imported raw materials
in which all parties are Muslims. Appeals from the for export) and , to a lesser extent, from domestic
Native Court are made to the District Officer in exports, and expenditures by United Kingdom
whose district the Native Court is established . forces .
Appeal from the District Officer is to the Native Malaysia's large favorable trade balances have
Court of Appeal, which is presided over by a judge been reduced since 1962 by some decrease in the
of the High Court. price of rubber and rising import requirements for
7
TABLE 1. FOREIGN EXCHANGE EARNINGS OF MALAYSIAN transshipped from Singapore, where rubber prod
STATES, BY PRINCIPAL SECTOR, 1961 ucts are also made ; about 6,000 people are employed
[In millions of Malaysian dollars 1 ]
in Singapore in rubber processing and manufacturing.
Total , Tin ranks second as a source of Malaysian export
Net exports 2 foreign Peninsular Singa- Sarawak Sabah
exchange Malaysia
earnings
pore earnings ( 13 percent of the total in 1961 ) and in
peninsular Malaysia provided about 23 percent of
All exports--- 3,296 1,918 986 172 220 the total export earnings for 1961 (table 1 ) . Malay
Total merchandise ... 2,757 2,219 140 178 220 sia is the world's largest single source of tin, pro
Rubber.-- 1,475 1,347 4 83 41
Tin metal and
concentrates . 432 (3) ( 3)
ducing about one -third of the free world's supply .
CO
TO
432
Lumber . 185 40 42 103 The tin industry employs over 33,000 workers in
$
Iron ore . 164 164 (3)
Coconut products
Palm oil ...
58
58
31
58
27 some 704 mines, of which 592 are Asian-owned and
)
3
(
8
In peninsular Malaysia and Singapore, about 80 roughly 33 percent for Sabah) , chiefly from Thailand
percent of all firms have fewer than 20 employees, and Burma.
and only 2 percent have over 100. In Sarawak and Rice is produced mainly on smallholdings of
Sabah, almost all firms employ fewer than 50 persons. about 4 acres . The governments of peninsular
The following manufacturing groups, excluding Malaysia, Sabah , and Sarawak have promoted the
primary processing, are the largest in Malaysia in extension of the rice cultivation area by constructing
terms of employment (each employing over 1,500 drainage and irrigation facilities, and by providing a
workers): Small shipbuilding, metal-can manufac subsidy to rice farmers to buy fertilizers. The
turing, food processing, printing and publishing, acreage under cultivation for the 1962–63 season was
structural-clay and cement products, rubber shoes , the highest on record , with nearly 1 million acres
furniture, tobacco products, beverages , and crackers yielding about 624,000 tons of rice . Roughly
and cookies . 400,000 workers are engaged in rice cultivation in
Malaysian imports consist mainly of manufactured peninsular Malaysia.
consumer goods, machinery, chemicals, textiles, All main commercial centers of Malaysia are
tobacco, and foodstuffs (table 2) ; the total value of connected by scheduled airline flights. Peninsular
imports in 1962 by main commodity groups was Malaysia and Singapore have a well -developed
M$5,388,400,000. Though rice , the staple food of transportation network which is being improved
Malaysians and second in importance as an agri and expanded . Railways and highways link Singa
cultural commodity, is produced in all of Malaysia pore with Kuala Lumpur and other peninsular
except Singapore, large amounts must still be im Malaysia ports and commercial centers, and the
ported (about 20 percent of the rice consumed for main rail lines are also linked to Thailand's railway
peninsular Malaysia, 50 percent for Sarawak, and to Bangkok. While internal transportation facilities
TABLE 2. MALAYSIAN IMPORTS , BY MAIN COMMODITY
in Sabah and Sarawak are relatively undeveloped ,
GROUPS, 1962 these areas have port facilities for oceangoing
[In millions of Malaysian dollars 1] vessels and are connected with the western region by
Region and commodity Value airlines. The transport of cargo and people within
Sabah and Sarawak is by small boats on rivers and
All imports.-- 5,388.4
streams, and by coastal vessels.
Peninsular Malaysia and Singapore 4,810.7
Foodstuffs (including rice) . 992.7 An overall Malaysian Five - Year Development
Petroleum and products . 679.8
Crude rubber 2 Plan to begin in 1966 is planned to integrate the
iii
589.6
Textile manufactures 282.3
273.7 economies of Malaysia's four components, emphasiz
!!!!!
Transport equipment
Machinery (nonelectrical) 236.4
Chemicals. 234.0 ing diversification to make the country less depend
Machinery ( electrical). 176.5
Metallic ore and scrap 176.2
165.1
ent on rubber and tin. The plan also calls for con
Iron and steel .--
Beverages and tobacco 114.8 struction of a network of roadways in Sabah and
Metal manufactures . 103.6
Miscellaneous manufactured goods . 317.2
468.8
Sarawak linking the productive areas with shipping
Others.-
ports .
ei
Sabah .. 177.1
Machinery 40.4 Malaysia has received some foreign assistance for
icoi!
iiii
Provisions . 27.4
Oil .. 18.4
1962 has been in the form of interest -bearing credits.
i
13.4
!!
Metals
!
All groups--- 10,187 100.0 7,232 100.0 1,700 100.0 780_100.0_475 100.0
Malays and other indigenous people 4,707 46.2 3,620 50.1 238 14.0 529 67.8 320 67.4
Chinese.. 4,302 42.2 2,670 36.9 1,279 75.2 243 31.2 110 23.1
Indians and Pakistanis . 955 9.4 813 11.2 142 8.4
Others 1 223 2.2 129 1.8 41 2.4 8 1.0 45 9.5
1 Indians and Pakistanis are included under " Others” in the Sarawak Indian or Ceylonese origin) perhaps be more appropriately grouped with
figures. In the case of Sabah , grouped under " Others” are natives of the indigenous people because they are all of the Malay race.
mainland Malaysia, Singapore, Indonesia, the Philippines, India , Ceylon,
Sarawak, the Cocos Islands, etc., who could (with the exception of those of SOURCE : Government of Malaysia, Department of Information, Malaysia
in Brief, Sept. 16, 1963 , p. 8.
government service as police officers, the military rivers. Occasionally, they seek temporary work on
services, and in communications and transportation. rubber plantations.
Sarawak's large indigenous population is made up Throughout Malaysia , increasing numbers of all
of some 137,000 Malays, 246,000 Sea Dayaks or races are engaging in professional activities and in
Ibans, 61,000 Land Dayaks, 46,000 Melanaus, and public service. Also, Europeans, mainly British,
39,000 people of other minor groups . The Malays continue to play an important role in the production
and Melanaus are mostly swampland rice farmers, of rubber and tin , and in commerce and the profes
fishermen , and, sago cultivators. Many live in sions. Eurasians, many of whom are of part Portu
villages (kampongs) in and around the main towns. guese origin from the Malacca area, add to Malay
The urban Malays are wage and salary earners and sia's racial makeup .
many are employed in government service. The
Melanaus specialize in sago cultivation. The Sea Language
Dayaks or Ibans are found in all parts of Sarawak
along the banks of rivers, but mainly in the southern No language is common to the entire country ,
areas. They are still a predominantly longhouse 6 although the Constitution (Pt. XII, art. 152, sec. 1 ,)
dwelling community, and practice both wet and dry designates Malay as the national language. The
rice culture. Some work as clerks, school teachers, same article, sections 2–5, as well as article 161 ,
and public servants. The Land Dayaks, found provides for the use of English in government
largely in the interior of southwestern Sarawak, like (including the legislatures) at least until 1967. In
the Sea Dayaks practice a dry and wet rice culture, addition, many other languages and dialects are
but unlike them , they do not elect their chiefs (known spoken, including the following dialects of Chinese :
as " Orang Kaya” instead of " Penghulu ” ); instead, Mandarin (official spoken language) , Cantonese,
the members of the village meet and discuss Hokkien, Teochew , Hakka, and Hainan; and of
candidates until one is agreed on. Indian : Tamil, Telugu , Malayalam , Gujerati, Pun
In Sabah, the indigenous people are made up of jabi, and Bengali.
152,000 Dusuns or Kadazans, 63,000 Bajaus, 22,000 The Malay language of Malaysia has the same
Muruts, and 83,000 Brunei Malays, Kedayans, and roots as the Indonesian mother tongue " Bahasa
other minor groups . The Dusuns (more properly Indonesia.” It is part of the Malay Polynesian
known as Kadazans) live chiefly on the west coast family of languages which extend over the south
and in the interior. They are primarily agricultur Pacific area . Though the pronunciation of Malay is
alists and are Sabah's main rice producers. The that of Johore and the Riau archipelago , it is spoken
indigenous groups practice agriculture and many live in various dialects throughout Malaysia. There are
in longhouses, usually in isolated small villages
two forms of Malay script, Jawi and Roman (Rumi).
scattered along the middle and upper reaches of the A large part of the Malay language literature is in
6 The longhouse has a communal outer - room and open verandah , though
the Jawi script, which, augmented by five letters,
each family has an inner private room. The longhouse is presided over by uses the Arabic alphabet. The Roman or Rumi
an elected headman known as the “ Tuai Rumah" and a group of houses script is being popularized ; it is frequently seen on
elect their own chief or " Penghulu . ” Land Dayak longhouses differ; they
have no open verandah . billboards and signs, and in magazines. Estimates
11
by government officials place the number of Malay Religious Groups
speaking Malaysians at from 60 to 75 percent of the
population and, of these, roughly 60 percent speak Islam is the state religion of Malaysia , but each
English as well. English is the second language and person has the constitutional right (Constitution of
provides the means of communication for Malays, Malaysia, Pt . I, art. 3 , secs. 1-4 ) to profess and
Chinese, and Indians ; it is widely used in govern practice his own religion . Special safeguards for
ment, commercial and industrial circles, and in the freedom of religion in Sarawak and Sabah are
schools, and by Malays occupying technical, guaranteed under Part IV (Ch . 2 , art. 38, secs. 2
professional, managerial, supervisory, and clerical and 7) of the Constitution. The Yang di-Pertuan
positions . Agong is the supreme authority on all matters con
Government officials estimate that about 44 per cerning Islam, and the nine sultans are the religious
cent of the Malaysian population speak Chinese in heads of their respective states.
its various languages and dialects, the most common A precise enumeration of persons in Malaysia , by
being Mandarin , Hokkien, and Cantonese, especially religion , has not yet been undertaken. However,
for oral communication between the different fairly accurate estimates can be made on the basis
Chinese groups. Most Chinese speak at least one of ethnic and national divisions. According to the
Chinese dialect, and roughly half can read and write data in table 3, about 48 percent of the population
Chinese . Some 40 to 70 percent of the Chinese in are Islamic ; 42 percent adhere to Chinese beliefs—
Malaysia speak English, which , as with Malay Confucianism , Taoism, and Buddhism ; and about
English -speakers, is particularly manifest among 8 percent belong to Hindu sects . The remainder of
Chinese technical, professional, managerial, super the population is made up of pagans , chiefly among
visory, and clerical personnel. the indigenous tribes of Sabah and Sarawak, and
A variety of Indian languages is spoken by about Christians (including some Chinese and Indians) ,
who are chiefly Anglicans, Methodists, and Catholics,
10 percent of the total population. The majority of
the Indians speak Tamil, about 80 percent speak scattered throughout Malaysia. Confucianism 7
Malay, and about 30 percent speak English. links and strengthens family life ; Taoism teaches
freedom from materialism ; and Buddhism is based
Among the indigenous peoples, other than the on a doctrine of reincarnation and obligations of
Malays, a wide variety of Malay language dialects ancestral worship. The Indian Hindu worships a
exist, particularly among the Land Dayaks of plurality of gods. Hinduism is a growth of ideas,
Sarawak and the Muruts of Sabah and Sarawak. rituals, and beliefs so comprehensive as to range from
Although accurate data on the number of English pantheism to atheism. Most Hindus are worshipers
speaking indigenous people other than the Malays of Vishnu , Shiva, and their Saktis (powers) . Many
are not available, a number have learned English in Hindus also adore the sun (Surya) and worship
school and by association . Ganesa (Ganapatya) , the elephant-headed god
For industrial, agricultural, and commercial who is believed to remove obstacles and grant
managers throughout Malaysia, the most useful success .
languages for oral communication are Malay , The most important religious group from the
English, and Southeast Chinese dialects, and the viewpoint of the labor force is the Muslims (those of
most useful for written communication are English, the Islamic faith) ; besides nearly all the Malays,
Malay, and Chinese . For written communication they also include the Indonesians in Malaysia , the
between industry and government, English still Arabs, and most Pakistanis. While many Muslims,
prevails, although Malay, as the national language , particularly those in Singapore, do not follow their
is being used more frequently . Chinese and Tamil religion rigidly, it does influence work practices and
are used only occasionally in this connection . The relations. The Koranic requirement of five daily
language of communication between management prayer periods is not adhered to by most Muslims
and workers naturally depends on the composition in Singapore, so factory prayer breaks are not neces
of the work force employed . In firms that employ sary ; however , this requirement is strictly adhered
Chinese, Malays, and Indians, the bulletin boards, to in many parts of mainland Malaysia, where prayer
notices, and company news circulars sometimes use breaks are required . Many Muslims in mainland
all three languages plus English, but more often only 7 Confucianism is not a religion in the strict sense, although festivals in
Confucian temples often exhibit religious aspects. Confucianism is more a
English, Malay , and Chinese. The language for code of ethics or way of life, which stresses the primacy of moral values and
collective bargaining is usually English. the dignity of man .
12
Malaysia and some in Singapore go to the mosque on conduct. Many Hindus, for example, regard snakes
Fridays for noon prayers , and employers usually allow as divine and refuse to kill them . Some Hindus
Muslim employees time off for this purpose if they also hold monkeys sacred because they believe that
wish it . Some employers close shop on Fridays monkeys helped Rama conquer Ceylon. Hindus
rather than Sundays if they have more Muslims venerate certain plants , so that Hindu workers may
than Christians among their employees (the labor be reluctant to cut down specific trees. Similarly,
laws require employers to grant 1 rest day per week, the Malays venerate some trees because they are
not necessarily Sunday ). The Koran requires all misshappen or otherwise unique and are believed to
Muslims who can afford the expense once in their be the abode of hantu (spirits) ; thus, like many
lifetime to make a pilgrimage (haj) to Mecca. The Indians, Malays are often reluctant to cut down
few who make the trip are usually allowed to take venerated trees, fearing the hantu will be vindictive.
accumulated leave and additional leave without Chinese, too, have spirit beliefs.
pay if needed . Muslims also adhere strictly to the
prohibition on pork, and require separate dishes and Minority Group Problems
utensils from those used by other groups for the
preparation of their meals; this means that separate Malaysia's multiracial society, where a variety of
kitchens and menus must be maintained for them languages are spoken, traditional patterns differ
by employers who provide meals . vastly, and income disparities are great, has been
Though most Muslims have only one wife, polyg beset by both internal and external minority
amy may be practiced, but at times causes per problems.
sonnel problems. Wives occasionally complain to Internal minority dissension , though existing
personnel officers that their husbands favor other between most of the ethnic groups, is primarily
wives in sharing wages earned . If a company pro between the Chinese and the Malays, and far
vides housing and if two or more wives are unwilling antedates the September 1963 formation of Malaysia.
to live in the same house, management normally However, the Chinese-Malay conflict has come into
recognizes only the first wife, and the employee must even sharper focus since then. In July 1964 , on the
keep his second wife elsewhere. Usually, only the occasion of Mohammed's birthday, more than 20
first wife and her children are entitled to fringe
people died in a riot in Singapore. In early Septem
benefits. The same rules are applied to polygamous
ber 1964, another riot broke out in Singapore be
Chinese as to Muslims. tween Malays and Chinese, killing 10 and injuring
In the Islamic month of Ramadan , Muslims
more than 60 people .
neither eat nor drink from sunrise to sunset . Accord
ing to a number of employers, this tends to cause A significant undercurrent of the dissension be
fatigue, inefficiency, and hot tempers among Muslim tween Malays and Chinese is resentment on the part
workers during this period. Most employers avoid of the Malays, who, according to government
night shifts for Muslim workers during Ramadan. officials, management, and labor leaders, feel them
Among the Hindus in Malaysia , caste differences selves to be at an economic disadvantage compared
do not affect labor practices. Caste attitudes which to the more affluent Chinese . In most of Malaysia,
persist are apparent only in personal social relation the Chinese are well established as shopkeepers or
ships. The prohibition against killing cattle or tradesmen while the Malays are almost exclusively
eating beef, which exists in India, is not a considera in the poorer agricultural pursuits. In peninsular
tion in Malaysia. Accordingly, employers who Malaysia, however, the Chinese are tacitly excluded
provide food allow their Indian workers to choose from acquiring land in certain areas and a roughly
either Malay or Chinese food . If an employer 4 to 1 Malay -Chinese personnel quota is observed
provides housing for Indian employees, they will in the public service .
usually require a site for worship, where they may There is some resentment on the part of the
erect a small temple . Malays, particularly those in peninsular Malaysia,
The Chinese have no religious practices or pro who cling closely to the Islamic way of life ; they look
hibitions that affect work relationships. They down on anyone who eats pork, especially the
respect the religious beliefs of others. Chinese. The Chinese continue to preserve their
Some animism (spirit worship) exists in the own cultural heritage by maintaining their own
oriental religions of Malaysia . Often it is more schools and by continuing to speak their own
influential than official doctrine in determining language. As intermarriage between the Malays and
13
Chinese is not common, assimilation by this means had little concern for education but interest in
is limited . education has increased greatly in the past several
The government is attempting to promote and years.
maintain harmonious relations within Malaysia's
Among the many varied activities in Malay social
multiracial society through public pronouncements life, emphasis is placed on ceremonies of engagement
on the importance of racial harmony, and exhorta and marriage and various customary practices
tions to leaders of all ethnic groups to work together associated with childbirth. As a rule , ceremonial
in confidence and good fellowship. The most sig occasions are incomplete without feasts (kenduris)
nificant influence toward national unity has been accompanied by Islamic prayers (doa) . Islamic law
Indonesia's political confrontation of Malaysia. prevails in Muslim marriage ceremonies, which must
Confrontation, which has disrupted diplomatic and be witnessed .
trade relations and resulted in armed attacks
(particularly in Sabah and Sarawak and in western The Malays place great emphasis on avoiding
embarrassment to oneself or to others . To act
peninsular Malaysia) by Indonesia on Malaysia, has
toward an employer or employee (worker) in a man
been an impetus to cohesion and unity among the ner which detracts from his social standing, so as to
various groups in Malaysia.
belittle him in the eyes of his associates or society
Social Structure and Culture Patterns generally, is to cause him to lose " face .” In work
operations , when an order or instruction is given to
The social structure and culture of Malaysia are an employee or worker and he is asked whether he
as complex as its diverse population. The Malayan understands it, it is frequently a matter of “ face " for
culture , whose origins are ancient by Western him to say yes , whether he understands it or not.
“ Face" is of particular importance when repri
standards, has been molded by Islamic and Hindu
manding employees or workers, and to reprimand a
influences. Two basic systems of social organization manager or supervisor in the presence of his sub
exist : Adat temenggong, the predominant system , ordinates would seriously undermine his authority .
which is patrilineal, and adat perpateh, which is On these questions, Malays and Chinese are very
matrilineal, cohesive , but confined almost exclusively much alike .
to the States of Negri Sembilan and Malacca. In
both systems, family and kinship ties and village Notwithstanding the Malay's attitude toward his
loyalty are the basic features. Customary Malay village and his relatives, he normally does not work
village society is bound together by obligations of effectively in associations and cooperatives for his
filial respect and obedience, community attitudes of economic improvement.
mutual help and cooperation , maintenance of law In traditional Chinese society , four classes existed :
and order by the prestige of the village headmen ( 1 ) The shih ( initially officers and subsequently
(penghulu) , the Islamic faith , and recognition of the scholars ), consisting of chiên (officials) and shén shih
authority of the ruling sultans. Malays are loyal to (gentry ); (2) the nung (agriculturalists ); (3) the
the village of their birth, and are frequently called kung (artisans) ; and (4) shang (merchants, shop
anak kampong (sons of the village ). The village bond keepers). In Malaysia, however, the mercantile
is stronger than hometown sentiment in the United class is most important, above even public servants.
States ; for example , if a husband takes his wife so far The Chinese who emigrated to Malaysia grouped
away from her village that weekly visits to the themselves by family, clan, dialect, place of origin
village are not practical, she has grounds for divorce . in China, and occupation . Whereas in China the
The Malay concept of family is the saudara dekat, a family was extended, with all members living to
unit embracing second cousins and all closer relatives. gether and the senior male the family leader, in
Malays have a duty to help their saudara dekat; no Malaysia, with a few exceptions, Chinese households
Malay who has an opportunity to place such a tend to include only a husband, wife, their unmarried
relative in employment, for example , would be children , and occasionally a supported parent of
expected to refuse. This important obligation can the husband or wife . But even when members of
often be financially onerous , and leads to a certain the extended family live apart, family ties remain
amount of nepotism. Traditionally, they have strong, and such family associations are powerful.
worked hard in rice cultivation, fishing, and similar In clan, dialect , place of orgin , and occupational
activities, but they are more interested in living than associations, wealth and seniority combine to deter
in the acquisition of wealth . They have formerly mine leadership .
14
Through interlocking directorships and overlap Malaysian Indians may mention caste disparagingly,
ping memberships, Chinese clan, occupational, and but in choice of occupation and in working relation
other associations are linked with the Chinese ships, caste is not a barrier, and low caste Indians are
Chamber of Commerce and Chinese schools . The being educated and advanced in both government
effect of Chinese kinship and other allegiances on and industrial employment .
labor practices and labor conditions in Malaysia is Among the indigenous peoples of eastern Malaysia
mainly twofold : They lead to nepotism extending are the Ibans of Sarawak , who do not have a rigidly
not only to second cousins, as in the Malay saudara defined social class. Social prestige is measured in
dekat, but also to members of the same clan and terms of personal achievements such as the accumu
those speaking the same dialect, and they are con lation of wealth, knowledge of ritual, wisdom in
ducive to paternalism. A large number of Chinese council and, formerly, head hunting. Marriages in
businesses, even if incorporated, are family enter Iban society are monogamous and normally be
prises that employ relatives, either paid or unpaid . tween relatively close kin of the same generation.
In Sarawak , over half the Chinese are in and near Some Ibans, principally those who have become
the three principal towns of Kuching, Sibu, and Christians and received an education , work as school
Miri; however, there are substantial communities teachers, clerks, and government servants. There
of rural Chinese, mainly smallholders cultivating are no barriers other than education in their choice
rubber and pepper. In Sabah, over 60 percent of of occupations and none in their work relationships.
the economically active Chinese are engaged in The Dusuns (Kadazans) of Sabah, like the Ibans
agriculture or the lumber industry, and they are of Sarawak , have become engaged increasingly in
predominant in the crafts, artisan employment, rice culture and raising of cash crops. They are
and industry. The Chinese are hard workers and Sabah's chief rice producers. Unlike the Ibans, the
profit-oriented ; they will accept piecework and in Dusuns intermarry freely, particularly with the
centive pay to increase their earnings . Chinese .
The Indians of Malaysia are mostly organized in Not only the Malays but Malaysians in general
a number of Varna (classes) which have been trans are taking a growing interest in education. The
planted from India. For example, there are the educated are influential; they are the government
dhobi caste (laundrymen ) and the chettiar caste employees, teachers, doctors, lawyers, accountants,
(moneylenders) . Some, like the Chinese, belong to trade union officials, executives in commerce and
the managerial, mercantile, and middle classes. industry, and clerks in offices. In Malaysian class
A large number of Indians take an active part in attitudes, the educated occupy a relatively high
the trade union movement , particularly in peninsular social position, while most other Malaysians are
Malaysia and Singapore. Caste limitations some ranked roughly as follows : shop clerks, industrial
times affect marriage, food, and funeral rites. workers, street vendors, and casual workers.
assisted ... 3 3 348 348 Government . 230,069 100.0 185,062 100.0 45,007 100.0
329 179 150 58,477 19,012 39,465 English 178 , 147 77.4 148,901 80.5 29 , 246 65.0
Private schools.
Chinese . 22,348 9.7 11,689 6.3 10,659 23.7
84 386,653 350,854 35,799 Malay - 29,407 12.8 24,311 13.1 5,096 11.3
Chinese 1,290 1,206 167 161 .1
National Tamil . .8 6 (1)
schools . 1,003 1,003 339,136 339,136
Partially Government assisted . 186,679 100.0 149,202 100.0'37,477 100.0
assisted .-- 10 10 693 693 English 44,906 24.1 28,539 19.1 16,367 43.7
Private schools . 207 136 71 40,441 5,476 34,965 Chinese 140 , 273 75.1 119,306 80.0 20,967 55.9
Tamil . 1,500 .8 1,357 .9 143 4
Private night
schools. 70 57 13 6,383 5,549 834
Private 13 , 297 100.0 8,808 100.0 4,489 100.0
Tamil ... 731 731 67,985 67,985 English 9,094 68.4 4,900 55.6 4,194 93.4
National Chinese 4,203 31.6 3,908 44.4 295 6.6
720 720 67,649
-
schools 67,649
Partially 1 Less than 0.05 percent .
-
assisted .
Private schools 11 11 336 336 SOURCE : The Straits Times Press ( Malaya) Ltd. Malaysia Yearbook ,
1963-64 (Kuala Lumpur , 1964) , p. 450 .
1 Pupils in peninsular Malaysia secondary classes attached to national
schools, the secondary equivalent of the primary schools. In Sarawak , the Education Department of the
SOURCE : The Straits Times Press ( Malaya) Ltd. Malaysia Yearbook ,
1963-64 (Kuala Lumpur, 1964); Wang Gungwu , ed. Malaysia, A Survey . State government is largely responsible for policy
(Frederick A. Praeger, New York , 1964 ), p. 203; and Federation of Malay
sia , Monthly Statistical Bulletin of the States of Malaysia , March 1964 , p. 143. on education. Although it does not manage any
16
primary schools, it does maintain and administer discipline of the mission schools and the Chinese
10 secondary schools. However, free compulsory schools differ widely ; however, a uniform curriculum
education does not yet exist in Sarawak. Tuition is being introduced gradually and it has been agreed
fees fixed by the Education Department are charged that the medium of instruction in all aided schools
in both primary and secondary schools. The govern shall be English .
ment's chief contribution to the provision of educa In Sabah, education policy is formulated by a
tional facilities is through aid to local and municipal Board of Education which advises the government .
authorities and voluntary agencies which have The board plans to provide a place in school for
general responsibility for primary education in their every child of primary school age by 1971 , to extend
areas . The principal voluntary agencies providing the provision of secondary education, especially in
education are Christian missions, Chinese boards of rural areas, and to develop trade training. Educa
management, and village committees. Most pri tion is free only in government schools.
mary schools are for the indigenous population ; the Primary schools in Sabah provide for a 6-year
vernacular is used in the lower grades and English course in the three language media-English, Malay,
in the higher. The missions have rural schools for and Chinese. Malay and Chinese medium schools,
non-Malay indigenous pupils which resemble the wherever possible, provide for the teaching of English
local authority schools in curriculum and medium as a second language. The course of instruction is
of instruction ; nearly all their urban schools teach the same in all schools . The secondary school
English , but a few use Chinese . The schools estab system provides a 3-year or 5-year course, mainly
lished by the Chinese community use Mandarin as in English. Children , particularly from rural areas,
the language of instruction . Village committee whose primary education has not been in English,
schools are native primary schools. In addition , enter secondary schools through bridge classes
a few trading companies maintain private schools for which provide special courses adjusted to their
the children of their wage and salary earners. needs in different areas . The normal course is 2
Most nongovernment schools receive financial assist years but pupils with adequate knowledge of English
ance in the form of grants-in - aid under a program can be promoted to form I of a secondary school
which came into force in 1956. In 1963 , the govern after 1 year .
ment spent an estimated M$ 13,419,000 for educa A total of 63,482 children attended 489 primary
tion . schools and 6,575 pupils were enrolled in 30 secondary
In September 1963, there were 99,691 students in schools in Sabah in 1963 (table 7) ; these represent
916 primary schools and 14,779 students in 62 slightly more than 70 percent of the estimated num
secondary schools (table 6) . Approximately 70 per ber of children in Sabah within the age group 6-13
cent of the children of school age are enrolled in the years . As government primary schools are situated
primary schools. Most of the secondary schools are mainly in rural areas, children usually must travel
run by Christian missions or Chinese school boards. long distances and there is considerable absenteeism ,
The curricula , textbooks , general orientation , and particularly during the rainy season and on village
Primary Secondary
Type of school Medium of instruction
Number Number Number Number
of schools of pupils of schools of pupils
SOURCE : Malaysia Yearbook, 1963–64 (Kuala Lumpur, The Straits Times Press (Malaya) Ltd. , 1964) , p. 275.
17
holidays. Most mission schools use English as the commercial colleges provide courses in commercial
language of instruction ; all are eligible to receive subjects, and evening vocational and technical
grant aid from the government's central education courses are held in various urban centers . There is
fund to cover staff salaries and allowances , and have an agricultural college near Kuala Lumpur , and a
received government aid to assist in meeting the marine ( navigation ) school in Kuching. In addition ,
cost of new buildings. Like the government pri the National Rural and Industrial Development
mary schools, the mission schools also are in rural Authority offers special courses for farmers and
areas. Chinese school courses are taught in Chinese . fishermen and for rural women at training schools in
New school construction is aided by building grants. Kuala Lumpur.
The number of Chinese schools and their enrollment Malaysia's determination to eliminate illiteracy is
reflect the Chinese preoccupation with education ; shown in the work of the Adult Education Division
many date back to the early days of settlement in of the Ministry of Rural Development, which
Sabah . The native voluntary and other schools are employs over 7,000 part-time teachers who instruct
built and supported by village committees in places about 12,000 classes ( 1963) with an enrollment of
where the people strongly desire education and the more than 320,000. One aspect of this training is to
government, because of financial limitations and encourage Malaysians to learn the national language;
lack of trained teachers , is unable as yet to provide about 68,000 non -Malay students took part in this
schools. They also receive grant aid for teachers' program in 1963 .
salaries, buildings, equipment, and other require Teacher training has been accorded priority by the
ments . The students of the native voluntary schools National Government. There are teachers' colleges
are exempt from paying fees . The few estate and in Kuala Lumpur, Penang, Kota Bharu , and Malacca,
private schools are run by estate managements for and two Malay teacher -training colleges , at Tan
children of their employees. The private schools jong Malim and Malacca . A language institute
cater to either underage children in the form of in Kuala Lumper trains specialist language teachers,
kindergarten classes, or older children who have and 12 training centers turn out teachers for primary
failed in academic or vocational work . schools . A department of education has been
established in the University of Malaysia, and in
TABLE 7. SABAH : NUMBER OF PRIMARY AND SECONDARY
SCHOOLS AND ENROLLMENT, 1963
Singapore teachers are trained at the University of
Singapore . In Kuching (Sarawak ), a teacher
Number of schools Number of pupils training center trains teachers of both English and
Type of school
Pri Sec .
Chinese. Primary teachers are also taught at Batu
Total Pri Sec
mary ond Total mary ond Lintang, near Kuching, and at Sibu's Sarawak
ary ary
Teacher Training College. At Tuaran (Sabah) ,
All schools ... 519 489 30 70,057 63,482 6,575 Kent Teacher Training College offers courses in
Government . 147 141
99 21
6 22,444 20,930 1,514
2,968
Malay, Chinese, and English to its teacher-training
Mission schools (aided) - 120 14,850 11,882
Chinese schools (aided ) 116 113 3 24,945 22,852 2,093 candidates . Gaya College in Jesselton (Sabah ) was
Native voluntary and
other schools . - 107 107 6,818 6,818 recently opened to provide both primary and second
Private estate schools . 29 29 1,000 1,000
ary teachers .
SOURCE : State of Sabah , Department of Education, The Annual Sum Higher education in Malaysia is offered in three
mary Report of the Department of Education, 1963 (Jesselton, 1964) , p. 23 .
well-established universities : The University of
Facilities for technical and specialist training Singapore, the Chinese Nanyang University in
exist throughout Malaysia. Advanced technical Singapore, and the University of Malaysia at
training is provided by the Technical College in Kuala Lumpur. The University of Singapore, with
Kuala Lumpur and by the Singapore Polytechnic an enrollment of 2,149 in 1962 , has facilities in arts,
Institute in Singapore. Singapore also has a rapidly science, law , education, medicine, dentistry, and
growing Vocational Institute offering courses for the pharmacy. The Nanyang University , with an
skilled trades ranging from 2 to 4 years in such fields enrollment of 2,110 in 1962, has facilities in arts,
as carpentry , masonry , electricity, drafting, machine science, and commerce . The University of Malaysia,
shop, mechanics, plumbing, radio, refrigeration , with an enrollment of about 2,000 in 1962, has
sheet metal, shipbuilding, and welding. There are facilities in arts, science, medicine, and engineering;
also a number of junior technical schools scattered it also has departments of agriculture , economics,
throughout peninsular Malaysia, and at Kuching in education, Malay , Chinese, Indian , and Islamic
Sarawak, and Jesselton in Sabah. A number of studies . There are no institutions of higher learning
18
in Sarawak and Sabah, although their governments Malaysia ranks high among the countries of
provide scholarships for university education over Southeast Asia in education . Graduates of the
seas . Overseas scholarships are also offered by higher institutions of learning are in most fields as
peninsular Malaysia and Singapore. Most of the well qualified as any in the neighboring countries.
scholarship students are sent to Australia and Great The graduates of trade and vocational schools are
Britain . not skilled workmen however, and normally require
additional supervision and on -the- job training by
Malaysia is also the recipient of educational and
training aid from outside agencies, principally in the employers. On the other hand, graduates of the
form of scholarships and financial assistance . Most Singapore Polytechnic Institute are usually well
qualified.
of the scholarships, amounting to several hundred In Malaysia, the educational level of manual
Malaysian dollars a year, are awarded under
Colombo Plan programs, chiefly from Australia , workers is generally below the fourth grade, and
New Zealand, the United Kingdom, Canada, India, many are illiterate. Most lower clerical personnel
have not reached the equivalent of junior year in
Hong Kong, and Japan. Other contributors are: high school. Most technical, professional, super
The Commonwealth Education Scheme , for post
visory, and managerial personnel in industry have
graduate and teacher training; the Asia Foundation , completed at least a high school education and have
principally scholarships for Malaysians to study undergone additional training. The percentage of
abroad; Japan, scholarships for study in Japan; university graduates is small .
Thailand and Germany, scholarships for study in
Japan; Italy, scholarships for study in Italy ; all Housing, Health , and Sanitation
United Nations agencies, study opportunities abroad ;
and United States, travel and study abroad. The
The Malays are primarily a rural people. Their
scholarships are of two types : ( 1 ) Open award for
whatever the country's needs are ; and (2) awards for villages characteristically consist of houses strung
specific purposes such as research in endocrinology . along roads, footpaths, canals , rivers, or beaches ;
Colombo Plan countries and other agencies have also except in fishing villages, the houses are usually set
well apart and, in agricultural villages, generally
sent experts in health, education, statistics, geology, among trees, surrounded by cultivated
transport, vocational trades, telecommunications, Generally , the houses are on stilts with walls and
and agriculture to Malaysia to provide assistance in floor of wood , and roof of thatch woven of nipa
raising quality standards and to implement new palm. Stilts are used principally to provide ventila
training programs.
tion, security against snakes, and against wild
The National Government has an apprenticeship animals, especially in areas near the jungle, and
program in peninsular Malaysia, administered by protection against floods in low coastal areas and
the Central Apprenticeship Board in the Ministry of near rivers and canals. Even in urban areas,
Labour, which is assisted by advisory trade commit similar construction exists, although homes of
tees at national and regional levels. In 1963, 128 masonry, brick, and wood construction are evident
peninsular Malaysian employers were providing throughout Malaysia.
apprenticeship training to 682 apprentices in me As in other parts of Asia, a rapid increase in
chanical, electrical, printing, building, and plumbing population has resulted in overcrowding, particu
trades. The Singapore Government has proposed to larly in the urban areas, and especially in peninsular
establish a Joint Advisory Council for Apprentice Malaysia and Singapore. To overcome the shortage
ship Training to handle all such programs. Cur of housing, the various governments have embarked
rently, apprenticeship training in Singapore is on ambitious housing programs. For example,
handled by some employers in motor transport , peninsular Malaysia has undertaken to provide
shipbuilding and repairing, and in fishing. Practical low-cost rental housing projects in both urban and
work or training is conducted in the shops. Theo rural areas ; it has also enforced minimal housing
retical training is given at the Singapore Vocational requirements on rubber plantations and mining
Institute. The length of training depends entirely estates. Malaysian Government estimates place
on the trade field, but in most instances it lasts 5 housing needs at 10,000–20,000 new dwellings a year
years. About 300 apprentices are currently ( 1964–65 to keep up with urban population growth in penin
school year) in training in Singapore; roughly 40 to sular Malaysia. Singapore undertook an ambitious
80 graduate each year. 5 -year housing program (1960–65) to construct
19
52,000 units of public housing designed to accommo Asia . Free modern medical treatment is available
date an estimated 300,000 people. These public to all who need it. Nevertheless, there are still
housing units are high-rise modern apartment Malays , Chinese , and Indians who practice tradi
buildings with all utilities. Throughout Malaysia, tional systems of medicine encompassing incan
private enterprises and cooperative building societies tations, skin puncturing, bonesetting, and herbs,
are also active in urban housing construction . which they often believe are more effective than
Malaysia is one of the few countries in Southeast occidental medicine . The traditional attitudes are
Asia with a protected and potable water supply . changing , however, as the benefits of western medi
In most parts, the government is responsible for cine become obvious to more people .
the supply of water, and most towns have piped There remain a number of endemic diseases such
water. Current development programs include as tuberculosis, malaria, and yaws, although these
provision and expansion of public water systems to are being brought increasingly under control by the
rural areas . Electricity is also available in most use of new drugs . Tuberculosis remains the most
areas, supplied chiefly by government -controlled serious problem , despite efforts to eradicate it.
companies although some private companies also (Many private employers have their employees X
provide it, particularly in the northern part of main rayed, either every 6 months or every year. ) Other
land Malaysia and some towns of Sabah. Sewerage main diseases include : dysentery, diphtheria, enteric
and drainage systems either exist or are under con fever, and fevers of unknown origin . Amoebic,
struction in most urban areas and Singapore and bacillary , and clinical dysentery and other parasitical
Kuala Lumpur have modern sewage disposal sys diseases, though seldom causing hospitalization, sap
tems. However, for the most part, sewage is dis the energy of workers and thus reduce their efficiency
charged into the open sea or rivers. Sanitation still and productivity. Precise data are not available
needs further development, principally because of on fevers of unknown origin because many go un
the many open drains that continue to exist and the reported , but they also reduce efficiency and some
continuing population congestion (usually family times make sick leave necessary. Venereal disease
congestion in one room , one cubicle, or less) in low is also a problem, particularly in port areas, and
income areas. In addition, where water and sanitary especially in Singapore. Employers can do little
facilities do not exist, a stream often serves all pur to curb the incidence of venereal disease among their
poses: sewage disposal, laundry, bathing, and drink employees other than by treatment in company
ing. In the lower income areas , illiteracy also clinics .
militates against good sanitation habits such as the Health facilities exist throughout Malaysia . In
need to wash thoroughly all food and food utensils . peninsular Malaysia, government hospitals can
Sanitation is no problem in the higher and middle accommodate more than 20,000 patients. There are
income and educated groups . three types of hospitals : ( 1 ) General hospitals
Rice is the staple food of the vast majority of (which also have facilities for specialist consultants);
Malaysians. In addition, many other foods are (2) district hospitals (which refer special cases to
grown for local consumption, including tapioca, the general hospitals) ; and (3) special institutions to
sweet potatoes, watermelons, pineapples, and a handle specific illnesses such as leprosy or mental
variety of distinctive Malaysian fruits such as ram diseases. There are 69 general and district hospitals
butan, durian, chiku, and duku. Malnutrition in with about 14,000 beds ; all have outpatient depart
Malaysia is rare , confined principally to inhabitants ments . In smaller towns and rural areas , traveling
of remote hinterland areas. Where nutritious food dispensaries make regular visits . The most modern
is not usually available and sanitation is poor, worm hospitals are in Johore Bahru, Penang, Malacca,
infestation and infection of the alimentary tract and Kuala Lumpur. In 1964 , peninsular Malaysian
contribute further to malnutrition . Animal protein medical facilities were staffed with about 1,130
is lacking in the diet, although government pro medical practitioners, of whom 480 were employed
grams are underway to increase both the quality by the government and the remainder were in pri
and the availability of livestock . vate practice. In addition, there were also roughly
Malaysian health standards rank high in South 600 dental surgeons.
east Asia as a consequence of long-established health In Singapore, there are 13 government hospitals,
and medical services. The overall death rate since including mental hospitals, a tuberculosis hospital,
1957 has declined by 25 percent, and the current and a leprosarium . Together they provide over
death rate is about 9 per 1,000, one of the lowest in 7,000 beds. In addition, there are 16 ( 10 in Singapore
20
city) full -time and 4 part-time outpatient clinics, sources, including the United Nations and its spe
5 mobile (by road and water) dispensaries, and 50 cialized organizations, and Colombo Plan countries.
government maternity and child welfare centers. For example, in 1955 the World Health Organi
Singapore has 300 medical practitioners and 21 zation (WHO) and the United Nations International
dentists . Children's Emergency Fund ( UNICEF) began a
Sarawak has six government general hospitals joint malaria control project with the Sabah Govern
with 954 beds, six mission hospitals (principally ment. As of 1964 , large areas in Sabah had been
Roman Catholic and Methodist) with 129 beds , a cleared of malaria and government officials believed
mental hospital with 300 beds, a leprosarium with malaria could be completely eliminated by 1968.
400 beds, 33 outpatient dispensaries, and 10 mobile Sarawak is also involved in a malaria eradication
dispensaries. In addition, maternity and child program ; additional plans for action against malaria
welfare centers are maintained in the main urban are being worked out by the government in
areas, and ophthalmic and dental services are pro association with WHO . Moreover, United Nations
vided by the government. Sarawak has 63 medical organizations and the Colombo Plan countries, as
practitioners, and 440 midwives. well as such organizations as the Edwina Mount
Sabah has two general hospitals (526 beds) batten Trust Fund , the Sino-British Fellowship
capable of handling all general medical and surgical Trust, and the Chest and Heart Association , are
cases; one mental hospital; seven cottage hospitals or providing medical and health scholarships, fellow
infirmaries (small institutions) with a total of 561 ships, and other training to Malaysians in Australia,
beds, and capable of handling less serious cases ; New Zealand , India , and the United Kingdom .
32 outpatient dispensaries; and two urban health The government too has been carrying on extensive
centers. Some religious missions (Anglican, Roman immunization programs against polio , tuberculosis,
Catholic, and Borneo Evangelical) and voluntary cholera, and smallpox. It has also begun a campaign
organizations also maintain medical facilities, and for recruiting medical practitioners from Common
about 50 employers maintain dispensaries at their wealth countries and from the Philippines and
places of employment. About 20 medical practi West Germany to meet the requirements of expanded
tioners, 2 dentists , and a number of health tech health facilities . Facilities for training nurses
nicians were in Sabah in 1963. Maternity and exist at all major hospitals throughout Malaysia.
child welfare services are provided at 91 health In addition, the government has been operating the
centers, including the urban health centers at Institute of Medical Research in Kuala Lumpur;
Jesselton and Sandakan . this has played a major role in the diagnosis, treat
In all of Malaysia, the expansion and develop ment, and prevention of malaria and other tropical
ment of rural health services has been given priority ; fevers, and has carried out important research on
there has also been a considerable expansion of nutrition and on the search for new and more
auxiliary services, such as dental clinics, midwifery , effective antibiotics. The policy of the govern
child welfare, and school medical services. Malaysia ment is to continue to improve and provide better
is a recipient of considerable health aid from outside health facilities throughout Malaysia .
All groups . 10,187 100.0 7,232 100.0 1,700 100.0 80_100.0 475 100.0
Under 5 years . 1,825 17.9 1,280 17.7 309 18.2 2 146 18.7 2 90 18.9
5-9 years . 1,590 15.6 1,128 15.6 259 15.2 128 16.4 75 15.8
10-14 years . 1,231 12.1 890 12.3 214 12.6 81 10.4 46 9.7
15-19 years . 907 8.9 665 9.2 134 7.9 69 8.8 39 8.2
20-29 years . 1,522 14.9 1,078 14.9 253 14.9 111 14.2 80 16.8
30-39 years . 1,134 11.1 781 10.8 199 11.7 92 11.8 62 13.1
40-49 years . 886 8.7 622 8.6 153 9.0 69 8.8 42 8.8
50-59 years , 626 6.1 448 6.2 111 6.5 44 5.7 23 4.8
60 years and over . 466 4.6 340 4.7 68 4.0 40 5.1 18 3.8
1 Data based on the latest official census or population estimate in each Note : Because of rounding, sums of individual items may not equal
area, updated to December 1961 ; net migration since the latest census is totals.
not included. SOURCE: Report on the Economic Aspects of Malaysia by a Mission of
2 Adjusted to allow for probable underreporting in the under -5 - years the International Bank for Reconstruction and Development under the
age groups, mainly on the basis of Malayan experience. Chairmanship of Jacques Rueff, July 1963 , table II , Statistical Appendix.
22
TABLE 10. Malaysia : LABOR FORCE, 1 BY INDUSTRY, 1960
Malaysia Peninsular Malaysia 2 Singapore 2 Sarawak Sabah
1 Age 10 and over in Singapore and age 15 and over in others. SOURCE : Labour and Industrial Relations, Backgrounder No. ML 7
2 Data based on 1957 census figures raised by the percentage increase in (Washington, D.C., Embassy of Malaysia Information Service, Jan. 1,
population which was 10 percent in the former Federation of Malaya and 1964 ), p . 6. Federation of Malaysia, Department of Statistics, States of
13 percent in Singapore. Malaya , Monthly Statistical Bulletin of the States of Malaya, March 1964
3 This number includes a substantial number of workers engaged in ( Kuala Lumpur , 1964) .
handicrafts, rice milling, and rubber processing off estates.
There are no recent statistical data concerning The percent of the male labor force by occupation
industrial and occupational distribution, employ is shown in table 11. Except in Singapore, the
ment status, or income distribution, of the labor principal occupations are in agriculture. Data on
force in Malaysia . The latest data ( 1960) on the employment status for peninsular Malaysia in 1957
industrial distribution are given in table 10 . In are shown in table 12. Similar data for Singapore in
Malaysia, more than half (about 54 percent) of the the same year are given in table 13, and for Sabah ,
labor force is in agriculture, forestry, hunting, and in 1960, in table 14. Except for Sabah, employees
fishing. The structure of the labor force differs and wage earners are in the majority . There are no
among the various parts of Malaysia: In Sabah and data on employment status for Sarawak.
Sarawak about 80 percent are engaged in agriculture, TABLE 11. MALAYSIA : PERCENT DISTRIBUTION OF THE
forestry, hunting, and fishing, as compared with MALE LABOR FORCE , BY OCCUPATION
about 58.5 percent in peninsular Malaysia , and only
Peninsular Singapore Sarawak Sabah
8.4 percent in Singapore. Conversely, manufactur Occupation Malaysia ( 1957) ( 1960 ) (1960 )
(1957 )
ing and construction have occupied about 20 percent
100.0
of the labor force in Singapore, but only about 10 All occupations .. 100.0 100.0 100.0
percent in peninsular Malaysia and about 6 percent Professionals and technicians . 2.9 3.7 2.5 1.8
Managerial, administrative,
and clericalpersonnel.-- 5.0 13.4 .5 .6
in Sabah and Sarawak. Trade, transport, and other Sales personnel. 10.0 19.7 5.8 4.0
Farmers, fishermen , hunters,
services have accounted for about 70 percent of the and forestry personnel .
Miners and quarrymen ..
49.1
.1
6.9
0
74.0
.1
72.1
.1
employment in Singapore, about 29 percent in Transport personnel.
Craftsmen , production proc
4.0 9.7 2.3 3.2
8 Labor force includes employers, persons working on their own account, Note : Data have been limited to the occupations of males because of the
salaried employees, and wage earners and, so far as data are available, more generallack of comparability in female laborforce statistics.
SOURCE : United Nations, Compendium of Social Statistics : 1963, Series
unpaid family workers, and the unemployed. K , No. 2 ( New York , 1963) , pp . 393-394.
Table 12. PENINSULAR MALAYSIA: EMPLOYMENT STATUS OF THE LABOR FORCE, BY ECONOMIC SECTOR, 1957
Employers Wage and Family Not
Economic sector Total and self salary workers adequately
employed earners defined
Agriculture, forestry, hunting, and fishing 1 , 244,794 526,832 555,194 161,566 1,202
Mining and quarrying - 58,499 3,069 55 , 267 45 118
Manufacturing - 135,382 42,078 89,473 3,569 262
Construction .. 68,134 8 , 189 59,585 238 122
Public utilities .. 11,569 143 11,405 0 21
Commerce . 195 , 192 107,528 79 , 288 7,973 403
Transport, storage, and communication . 74 , 755 16,415 57,948 221 171
Services 319,745 34,201 281,469 2,789 1,286
Others 18,112 3,029 11, 249 463 3,371
Unemployed .- 38.679 1,855 11,373 1,092 24,359
SOURCE : International Labor Office, Yearbook of Labour Statistics, 1969 (Geneva, 1963) , pp. 38-39.
23
TABLE 13. SINGAPORE : EMPLOYMENT STATUS OF THE LABOR FORCE , BY ECONOMIC SECTOR, 1957
-
349,641
!!!
Mining and quarrying - 1,601 56 1,535 10
Manufacturing - 66,754 12,624 51,692 2,438
Construction 24,628 3,032 21,460 136
Public utilities . 5,624 14 5,607 3
Commerce 121,533 47,171 66 , 247 8,115
Transport, storage, and communications 50,347 8,703 41,460 184
Services 159,184 11,007 146,479 1,698
Others 2,096 210 1,855 31
Persons seeking work for first time. 8,349 8,349
SOURCE : International Labor Office, Yearbook of Labour Statistics, 1963 (Geneva, 1963) , pp. 42-43 .
Of the various parts of Malaysia, only Sabah has is about two and one-half times as large as the urban .
been experiencing a shortage of manpower ; this has The incidence of unemployment in 1962 was highest
been manifest at all skill levels, although at the same among persons in the 15–19 and 20–24 age groups,
time large numbers of indigenous people have not many of whom (46 percent of unemployed males and
yet been attracted into the wage economy. The main 62 percent of unemployed females) had never had
demand for manpower has come from agricultural jobs. The duration of unemployment was also
expansion, construction, and the lumber industry ; relatively high in 1962 ; about 31 percent of unem
as noted earlier, prior to the confrontation with ployed males and 29 percent of unemployed females
Indonesia, the supply for the agriculture and lumber had been unemployed for over 1 year. The duration
industries came largely from Indonesia. of unemployment, and the high incidence of unem
In the other parts of Malaysia , there is lack of ployment in the two youngest working -age groups
employment except for professional personnel and ( 15–19 and 20-24 ), indicate that unemployment in
skilled craftsmen, and consequently, problems of 1962 was mainly structural, i.e. , that the long-term
unemployment and underemployment exist. In growth of productive capacity and output had not
peninsular Malaysia in 1962 , according to the been fast enough by 1962 to absorb additions to the
Report of the Employment, Unemployment Survey of labor force. Some minimal seasonal unemployment
the Malaysian Government, Department of Labour existed in rural areas. About 2 percent of the
and Industrial Relations, Office of Statistics , there economically active population in 1962 were under
was an overall rate of unemployment of 5.2 percent employed (worked less than 25 hours a week although
for males and 7.9 percent for females ; in all, 87,000 able and willing to work longer hours) . Neverthe
men and 60,000 women were unemployed.9 The less, labor in rural areas was undoubtedly under
incidence of unemployment for males and females utilized , particularly in rice-growing areas where
in peninsular Malaysia, in nearly all age groups, was cultivators often grow one crop a year and do nothing
highest in the large cities and towns and least in during the slack season .
the rural areas, even though 61 percent of all Singapore , with a primarily urban population
unemployed men and 62 percent of all unemployed depending mainly on trade , services , and industry,
women lived in rural areas , where the population has also found it difficult to keep up with population
9 Actively seeking employment. growth . In 1964, Singapore Government and labor
TABLE 14. SABAH : EMPLOYMENT STATUS OF THE LABOR FORCE , BY ECONOMIC SECTOR, 1960
Source : Malaysia, Government Printing Department , State of Sabah Annual Report , 1963 (Jesselton, 1964) , p. 13.
24
officials estimated from 12 to 20 percent of the labor industry. The highest proportion of all employed
force were unemployed, and another 12 to 20 percent Chinese are in commerce, but Chinese are also
were underemployed. engaged in the processing of agricultural products,
Sarawak, with only limited economic develop manufacturing, construction, and, to a lesser extent,
ment, has some unemployment in the larger urban in mining and quarrying, transport, storage, and
areas. Government, labor, and management officials communications. About 66 percent of the economi
have estimated unemployment in Sarawak in 1964 cally active population in tin mining are Chinese .
at 3 to 5 percent of a labor force of about 300,000 . They make up most of the skilled worker category in
Underemployment was somewhat higher , with Malaysia and are predominant in the crafts and
estimates of from 6 to 10 percent of the labor force artisan employment. More profit-oriented than the
in 1964. In Sarawak, unemployment and under Malays, the Chinese are also more highly motivated
employment are more manifest in small industries toward productivity. The Indians are engaged for
which process primary produce for export and manu the most part in the processing of agricultural
facturing goods for domestic consumption . Many products (mainly as rubber tappers), in services,
of the latter which have sprung up recently face commerce, transport , and storage and communi
competition in domestic markets with similar imports cations. Indians constitute about one-half the
from other parts of Malaysia and from highly workers on the rubber estates and almost all the
industrialized countries. Underemployment in personnel concerned with operation of the railways.
Sarawak is particularly evident in subsistence Although there is a trend toward greater racial
agriculture . diffusion in the professions and industries, the
racial lines are still relatively clear.
Special Characteristics of the Work Force Employment on a seasonal basis is insignificant
in urban areas of Malaysia, especially in peninsular
A significant characteristic of the labor force in Malaysia, but in rural areas it is quite evident. In
Malaysia is its relative youth ; over half this group peninsular Malaysia, in 1962, approximately 120,000
are under 20 years of age, and only slightly more persons were involved in seasonal employment; this
than 10 percent are over 50. Moreover, the labor is highest in September, during the harvesting
force is generally unskilled . Of those who complete season , and lowest during the slack season in April.
their education and training, most are drawn to In view of the absence of large numbers of estates,
white -collar occupations in the main towns ; con and the prevailing immigration restrictions, there is
sequently, the rural economy has a dearth of young virtually no migratory employment in Singapore ;
men with modern training. In addition, much of there is little seasonal employment. In Sarawak ,
the purely academic education of schools and colleges seasonal employment is evident because most of the
is not followed by practical training. As a result , employed, other than Chinese, depend on agriculture
according to industrial and labor leaders, agricul for employment . During slack periods, some of the
tural graduates frequently do not know farming , farmers work on rubber estates or sago plantations,
engineers are often ineffective in industry, and above while the coastal people engage in fishing. Many
all, there is a dearth of practical technicians between self-employed take up casual employment until the
the levels of artisan and university graduate. These harvest in the lumber industry or as rubber tappers.
factors have contributed to the low productivity of Migratory employment is practically nonexistent,
traditional agriculture, which has resulted in particularly since the beginning of the political
significant deficiencies of rice, contributing to confrontation with Indonesia in 1963. Prior to the
Malaysia's foreign exchange expenditure for this confrontation, Sabah, in particular, received un
staple food . skilled migrant labor from the neighboring areas of
The ethnic makeup of the labor force is of partic Indonesia and, to a lesser degree, the southern
ular significance, especially by industry distribu Philippine Islands. Nearly 3,000 such immigrants
tion. The Malays, who make up most of the un entered Sabah during 1962. Nevertheless, there is
skilled worker category, are usually engaged still some unorganized movement of labor between
either in agriculture, forestry, hunting, and fishing, Sarawak and Sabah , mostly Ibans and other in
or in services. However, the educated predominate digenous workers of Sarawak who migrate to Sabah
in government services, and are found in some to work, chiefly in felling trees and jungle clearing,
professions, but relatively few are engaged in com for which they have a special aptitude. Also,
merce. The Chinese are more widely distributed by Sabah continues to receive skilled workers, mostly
25
Chinese from Hong Kong, Singapore, and Taiwan stationed in Malaysia in addition to Malaysian
(by the end of 1962, about 2,500 families had Armed Forces .
migrated to Sabah for employment) . They are As of mid-1964, Malaysia had an armed force of
mainly construction workers, mechanics, and pipe about 20,000 men , including roughly 17,000 in the
fitters, and other artisans required for construction Army, with the remainder about evenly divided
of all types, road development programs, and the between the Navy and the Air Force. Men in the
lumber industry . 18- to 54 -year group are subject to military service
Labor mobility in Malaysia, other than the unor according to law, but the policy has been to call up
ganized movement between Sabah and Sarawak, is only the unmarried and unemployed in only the 21
difficult to assess because of the lack of data . To be to 28-year age group. Military basic training lasts
sure, most of the present wage and salary earners in for 2 months. For those who become regulars, the
government administration, the police force, trans Armed Forces provide training geared to civilian
portation , and even in manufacturing, came from occupations. For example, training is provided in
the agricultural sector of the economy. In general , various craft, engineering, and technical fields,
however, according to labor and government officials, including carpentry, plumbing, bricklaying, drafting,
mobility is believed to be low, because people are vehicle mechanics, and communications. In addi
reluctant to leave their families and relatives. On tion, Armed Forces personnel are sometimes sent to
the other hand, as wage and salary earners gain England, New Zealand, and other areas for advanced
more education, training, and experience, they are and specialized military training in technical and
gradually moving into other occupations. engineering fields.
Normally the national service system has little
National Service System impact on the labor force beyond the inconvenience
caused by the basic training period . Even in the
Malaysia is heavily dependent for her national current national emergency which results from the
defense on outside help. Under an extension of the confrontation with Indonesia, the gradual increase in
1957 Treaty of External Defense and Mutual the Armed Forces thus far has not greatly affected
Assistance with Great Britain, British troops are the labor force .
26
PART II. GOVERNMENT AND LABOR
Number Per Number Per Number Per Number Per- | Number Per Number Per
cent cent cent cent cent cent
All employing agencies . 221,900 100 4,137 2 5,142 2 96,445 43 41,306 19 74,870 34
iii
Government departments . 157 , 800 100 3,100 2 3,600 2 67,600 43 31,900 20 51,600 33
Police force .. 23,300 100 500 2 1,100 5 20,700 89 800 3 200 1
Railways 13,500 100 100 1 100 1 2,800 20 1,600 12 8,900 66
Central Electricity Board . 6,000 100 200 3 100 2 1,900 31 400 7 3,400 57
Municipalities.. 7,400 100 100 1 200 2 900 13 700 9 5,500 75
Penang Port Commission .. 1,700 100 28 2 30 2 300 20 872 50 470 26
Armed Forces, civilian employees - 11,900 100 100 (1) (1) (1) 2,000 17 5,000 42 4,800 41
Employees' Provident Fund . 300 100 9 3 12 4 245 82 34 11 0 0
1 Less than 1 percent or less than 100 . Malaya, Monthly Statistical Bulletin of the States of Malaya, March 1964,
p . 135.
SOURCE : Federation of Malaysia, Department of Statistics, States of
27
and almost equal salaries . The public service The Commissioner for Labour is responsible for
throughout Malaysia traditionally has had a reputa the enforcement of labor laws, and for dealing with
tion for honesty and efficiency. all labor matters other than those relating to indus
trial relations, generally through the various State
Administrative Bodies Concerned With Labor commissioners for labour, who in turn are responsible
for the general supervision of 27 field offices scattered
There is no national executive or administrative throughout peninsular Malaysia. The State com
body in Malaysia with complete jurisdiction over missioners are assisted by assistant State commis
labor matters throughout the country . The merger sioners for labour .
agreement between peninsular Malaysia and Singa The functions of the Labour Section include :
pore provided for Singapore's autonomy in labor and Advisory To advise the Minister for Labour on labor mat
educational matters . The Federal Ministry of ters and legislation and to advise employers,
Labour for Malaysia in Kuala Lumpur does have trade unions, employed persons, and others, on
labor conditions generally .
jurisdiction over labor matters in Sabah and Sarawak Judicial.. To settle claims for workmen's compensation
and is increasing its responsibilities in those areas. under the Workmen's Compensation Ordinance
of 1952 , or, if amicable settlement is not
However , labor legislation and administration in possible, to bring such claims before an arbi
Sabah and Sarawak remain largely at the State level. trator; to inquire into and decide disputes
between workers and their employers regarding
unpaid wages, wages in lieu of notice, and
The Federal Ministry of Labour in Kuala Lumpur maternity allowances .
is described schematically in chart 1. The Minister Enforcement To inspect places of employment, to enforce the
Employment Ordinance of 1955, the Weekly
for Labour is responsible to Parliament in matters Holidays Ordinance of 1950, and the Em
pertaining to labor. Subject to the general policy ployees' Provident Fund Ordinance of 1951 ;
to administer the Workmen's Compensation
direction of the Minister for Labour , the affairs of Ordinance of 1952 ; and to administer and
the Ministry are handled by the Secretary to the enforce the Rump Labour Code (concerning
Minister, assisted by two Assistant Secretaries. housing, sanitation, and water supply) , the
Children and Young Persons' Ordinance of
The Secretary serves as coordinator of : the Depart 1947, and the Wage Regulation Orders under
the Wages Councils Ordinance of 1947 , as well
ment of Labour and Industrial Relations; Machinery as to assist the police in enforcing internal
Department ; Central Apprenticeship Board ; and security under the provisions of the Registra
Registry of Trade Unions . The Department of tion of Labour Regulations of 1960.
Employment . To provide an employment exchange service ; to
Labour and Industrial Relations is divided into two collect information regarding conditions of
sections : one dealing with matters pertaining to employment in the various industries ; to
investigate existing vocational training; and to
labor and enforcement of labor laws and the other assist ex-servicemen in finding employment.
Statistics and infor- To prepare statistics relating to employment,
with industrial relations. Each of these sections is mation . wage rates, and hours of work; to prepare re
headed by a Commissioner, and the two Commis ports for the International Labor Organization.
Other Functions including repatriation to India of
sioners function together as dual heads of the South Indian workers entitled to free passage
Department . The Ministry of Labour has the under the South Indian Labour Fund
Ordinance .
following functions :
1. All matters pertaining to the International Labor Organi The Commissioner for Industrial Relations func
zation . tions through both sections of the Department of
2. Labor legislation and enforcement. Labour and Industrial Relations when dealing with
3. Labor statistics. minor matters concerned with labor-management
4. Matters concerning employers' housing for workers. relations . In addition , he works through certain
5. Enforcement of the Employees' Provident Fund.
6. Employment exchange service . specialist industrial relations officers in the field
7. Vocational guidance. (in three regional offices as well as other field offices at
8. South Indian Labour Fund . major industrial centers 11) when dealing with
9. Direction and control of manpower in time of war. major matters concerning labor -management rela
10. Industrial relations .
11. Trade union training.
tions, particularly the prevention and settlement of
12. Wage councils . disputes and the introduction and maintenance of
13. Trade union registration and inspection .
14. National apprenticeship plan. 11 There is a northern regional office at Penang with jurisdiction over
15. Inspection and certification of machinery . Penang, Perlis, Kedah , Perak , and Ipoh ; a central regional office at Kuala
Lumpur with jurisdiction over Selangor, Pahang, Kelantan , Trengganu ,
16. Industrial safety, health , and welfare. Kuala Lumpur, and Kuantan ; and a southern regional office at Johore
17. Examination of engineers, engine drivers (non-marine) , Bahru with jurisdiction over Johore, Malacca, Negri Sembilan , Johore
and dredge masters . Bahru, and Seremban .
28
Chart 1. Malaysia: Ministry of Labour, 1964
.
National Joint Departments of
Labour Advisory Labour in Sabah
Council and Sarawak
Secretary
Assistant
Secretaries (2)
Department of Central
Machinery Registry of
Labour and Industrial Apprenticeship Trade Unions
Relations Department Board
Commissioner (National)
voluntary joint machinery for negotiation and con The Machinery Department, headed by a Chief
sultation. The specific duties of the Commissioner Inspector of Machinery , has jurisdiction over the
for Industrial Relations include : administration of the peninsular Malaysian Machin
ery Ordinance of 1953 (app. A) . The ordinance is
1. Liaison with the Ministry of Labour.
2. Direction of labor-management policy and procedure.
concerned principally with the safety, health, and
3. Close and continuous contact with labor -management welfare of employed personnel working around
organizations on all matters affecting industrial relations. machinery. The Machinery Department is also
4. Encouragement of joint consultation in industry, and responsible for examining engineers, dredge masters
assistance in the establishment of joint voluntary negotiating and engine operators, and others in charge of
machinery for the regulation of wages and working conditions, machinery, to determine their competency and to
and machinery for the prevention and settlement of disputes.
5. Assistance, when necessary, in the prevention and settle certify their qualifications.
ment of trade disputes. The Chief Inspector is authorized to investigate
6. Administration of the Industrial Courts Ordinance of accidents and hold formal inquiries into the circum
1948, the Wages Councils Ordinance of 1947, and the Trade stances of an accident caused by defective machin
Disputes Ordinance of 1949 (app. A ) .
7. Attendance at meetings of the National Joint Labour ery. For this purpose, the Chief Inspector has the
Advisory Council ( see below) and advice to the Minister for powers of a magistrate to compel attendance of
Labour on all matters concerning labor-management relations witnesses and to administer oaths. Inspectors from
which are under the purview of the Council . the Machinery Department may , for administrative
29
purposes, work through the various field offices of apprenticeship program ; (5) determines differences
the Department of Labour. Their function is to arising out of the contract of apprenticeship ; and
obtain employer compliance with the statutory (6) issues final certificates of proficiency to graduat
provisions on the construction , use, and maintenance ing apprentices. The Central Apprenticeship Board
of machinery so as to ensure the safety, health, and appoints a Central Trade Committee (national
welfare of workers in factories. level) for each “ declared ” apprenticeship trade.
The Central Apprenticeship Board is tripartite in Each committee consists of a chairman and an
structure, consisting of representatives of govern equal number of representatives nominated by
ment, employers, and employees or workers, ap employers' and workers' organizations. Each cen
pointed by the Minister for Labour. The Board has tral committee advises and assists the Central
11 members: The chairman , who is in the Ministry of Apprenticeship Board on matters concerning mini
Labour; one member (ex -officio ) nominated by the mum educational and age qualifications; suitability
Ministry of Education ; one member (ex -officio) who of establishments for training of apprentices; the
is the Chief Inspector for Machinery : two members term of apprenticeship; and the standards of pro
nominated by private employers' organizations ; ficiency required for the Board's proficiency certif
two members representing government bodies em icate. In addition to central trade committees , the
ploying apprentices; and four members nominated Central Apprenticeship Board also appoints, where
by workers organizations in government and private practical and necessary , Regional Advisory Trade
industry. The Board : ( 1 ) Makes recommendations Committees , which consist of a chairman and an
to the Minister for Labour on what trades should be equal number of representatives nominated by
declared apprenticeship trades ; (2) endeavors to employers' and workers' organizations. Each
promote apprenticeship programs ; (3) advises the Regional Advisory Trade Committee advises and
Minister on all matters affecting apprenticeship ; assists the Board on apprenticeship matters in the
(4) keeps a register of apprenticeships under the trade or trade group which it represents, and also
Parliamentary Secretary
Permanent Secretary
Department of Labour
Commissioner
31
16. To apprise employers of complaints and representation Chart 3. Sarawak : Organization of the
of workers or their unions .
17. To administer the Trade Unions Ordinance. Department of Labour, 1964
18. To advise and assist unions and employer organizations.
19. To prepare labor legislation .
។1
20. To administer the labor provisions of the Children and 1 Federal
Young Persons Ordinance. 1 Ministry of Labour Sarawak Government i
21. To promote supervisory training and apprenticeship (Kuala Lumpur)
training in industry.
22. To promote labor relations between seamen and ship
owners and to oversee the welfare of seamen generally . I
The Commissioner for Labour is assisted by : ( 1)
A Deputy Secretary for Labour with the following DEPARTMENT OF LABOUR
duties : office administration and finance ; Interna
tional Labor Organization matters; monthly , annual,
and other reports on labor matters ; labor legislation ;
and inquiries on labor laws ; (2) a principal Assistant Commissioner
Secretary for Labour with the following duties :
apprenticeship training and training within industry ;
training of disabled persons; employment services ;
employment of children and young persons in Deputy Commissioner
DEPARTMENT OF
Commissioner
Assistant Commissioners
1 Assistant Commissioner
1 Assistant Commissioner 1 Assistant Commissioner
1 Labour Officer
1 Labour Inspector
3 Labour Inspectors
1 Labour Inspector 2 Labour Inspectors
1 Employment Officer 1 Labour Clerk
1 Employment Officer
2 Outdoor Officers 1 Employment Officer
1 Outdoor Officer
Sabah Government ; (2) to safeguard and improve administration in districts not serviced by Depart
working conditions; (3) to mediate , at the request of ment of Labour and Welfare personnel.
either party, any dispute between labor and manage
ment; (4) to foster good relations with immigrant Participation in International Organizations
labor in Sabah ; (5) to regulate the arrival and facili
tate the settlement of persons arriving in Sabah as Malaysia is a member of the following inter
immigrant labor; and (6) to facilitate and preserve national organizations :
free trade union organization and development . United Nations (UN )
Policy matters are handled by the Commissioner, United Nations Educational , Scientific and Cultural Organi
while the day-to-day activities, including industrial zation (UNESCO)
relations and enforcement, are the repsonsibility of United Nations International Children's Emergency Fund
( UNICEF)
the various assistant commissioners, their inspectors ,
World Health Organization (WHO)
and other supporting staff. Employment officers Food and Agriculture Organization (FAO)
handle all matters of immigrant labor (registration, World Meteorological Organization (WMO)
permits, etc.) and also provide assistance for em International Labor Organization (ILO)
ployers in need of manpower and for people looking International Monetary Fund (IMF)
for work. “ Outdoor officers” assist the various labor International Bank for Reconstruction and Development
(IBRD )
inspectors in the implementation and enforcement Iạternational Development Association (IDA)
of Sabah's labor laws. It is anticipated by Sabah's International Finance Corporation (IFC )
ranking labor officials that the “ outdoor officers ” International Civil Aviation Organization (ICAO)
will soon be changed to labor assistants . In addition Universal Postal Union
to the regular staff, the Department of Labour and International Telecommunication Union (ITU)
Welfare also receives the assistance of Administrative Inter-Governmental Maritime Consultative Organization
( IMCO)
Officers in charge of administrative districts, who General Agreement on Tariffs and Trade (GATT )
have ex -officio responsibilities for labor law and Economic Commission for Asia and the Far East (ECAFE)
33
International Tin Council
The National Productivity Center has liaison with
International Rubber Study Group
The British Commonwealth of Nations
the Asian Productivity Organization (APO) in
Colombo Plan Tokyo ; the Economic Development Board in
Association of Southeast Asia (ASA) Singapore ; the Ceylon Productivity Association ;
the Supervisory and Management Training Associa
The United Nations and its specialized agencies tion in Singapore; the Universities of Malaysia and
render technical assistance to Malaysia by assigning Singapore ; and the Hong Kong Technical College .
experts to provide technical advice and assistance ;
furnishing equipment ; and awarding fellowships to As a member of the British Commonwealth,
competent candidates chosen for advanced studies in Malaysia enjoys the advantages of economic , tech
special fields. nical, and cultural development among the partic
Of particular significance is Malaysia's National ipating members. As it is a member of the Associa
Productivity Center, established in February 1962 tion of Southeast Asia, which includes the Philippines
as a joint project between the United Nations and Thailand , Malaysians have enjoyed the oppor
Special Fund and the government ; the ILO was tunities of professional, technical, and administra
appointed as the executive agency to provide an tive training offered in the associated countries.
international expert staff on programing and oper International labor contacts are maintained
ation of the Center . Purpose of the National partly through the Government's membership in
Productivity Center is to train managers , super the ILO , and partly through the International Con
visors, trade union executives, and others , as a federation of Free Trade Unions (ICFTU) and
means to : ( 1 ) Raising standards of management , several International Trade Secretariats (ITS) .
including supervision at all levels ; and (2) improving Malaysia has ratified the following ILO conventions :
efficiency of industrial operations with particular Number Title
reference to methods of increasing productivity, 5 Minimum Age ( Industry)
improving quality output , lowering costs , and 7 Minimum Age (Sea)
developing constructive labor-management relations. 8 Unemployment Indemnity (Shipwreck )
The Center serves as a forum where the organiza 11 Right of Association (Agriculture)
tional and managerial problems of industry can be 12 Workmen's Compensation (Agriculture)
14 Weekly Rest (Industry)
discussed , and advises the government and private 15 Minimum Age (Trimmers and Stokers )
industries on matters covering all aspects of pro Medical Examination of Young Persons ( Sea )
ductivity improvement techniques, including dis 17 Workmen's Compensation (Accidents)
semination of technical information about produc 19 Equality of Treatment ( Accident Compensation)
tion methods. Responsibility for administering and 22 Seamen's Articles of Agreement Convention , 1926
29 Forced Labor
financing the Center rests with the Ministry of 32 Protection Against Accidents ( Dockers)
Commerce and Industry , acting with the advice and 45 Underground Work (Women )
assistance of an Advisory Council composed of 50 Recruiting of Indigenous Workers
representatives from government ministries , the 64 Contracts of Employment (Indigenous Workers)
65 Penal Sanctions (Indigenous Workers )
University of Malaysia, employers' organizations, 81 Labor Inspection
and trade unions. 86 Contracts of Employment (Indigenous Workers)
In addition to a number of seminars on manage 88 Employment Service Convention , 1948
ment, including production planning and control, 94 Labor Clauses (Public Contracts)
cost accounting , and personnel management, the 95 Protection of Wages
97 Migration for Employment Convention (Revised )
Center also provides seminars for trade union leaders 98 Right to Organize and Collective Bargaining
on such subjects as : leadership and human relations, 105 Abolition of Forced Labor
the supervisor as a trainer , group work and discus
sion leading , trade unions and productivity, labor Malaysia has also benefited from Colombo Plan
legislation , industrial relations , etc. Since the Center technical assistance , particularly in agriculture,
was established , approximately 2,500 managers, cooperatives, education , medicine and health , rural
supervisors, trade union officials, and others have development, public works, and telecommunica
participated in one or more of its activities . tions .
34
Chapter VII. Legislation Affecting Labor
Constitutional Guarantees languages; Muslim education; and freedom of religion
in Sabah and Sarawak.
The Constitution of Malaysia , promulgated Sep The Constitutions of the nine peninsular Malay
tember 16 , 1963 , provides in Part II , articles 5-13 , sian States, and Sabah , and Sarawak , contain
specific guarantees of certain fundamental rights and provisions safeguarding the position of their indigenes
liberties for all Malaysians. These are : liberty of in regard to public service in the State and the receipt
person (no person shall be deprived of his life or of scholarships and other similar educational or
personal liberty except in accordance with law ); training privileges.
prohibition of slavery and forced labor; protection
against retrospective criminal laws and repeated Summary of Basic Labor Legislation
trials (persons cannot be punished for an act or
omission which was not punishable by law when it Labor legislation in Malaysia, listed in appendix
was done or made) ; equality before the law and A, includes provisions regulating hours of work,
equal protection of the law ; freedom of movement employment of women and children, health con
and prohibition of banishment ; freedom of speech, ditions, age of admission to employment, medical
assembly and association ; freedom of religion ; right treatment, written contracts, conditions of notice for
to an education ; and right to property . The exercise separations, statutory holidays with pay, workmen's
of such rights may be subject to restrictions, prin compensation , trade unions, industrial relations, and
cipally in order to strengthen national security or provident or retirement funds. Some variation
guarantee public order . exists in the scope of, and protection provided by,
labor legislation in the various parts of Malaysia.
Part VI, chapter 1 , article 74 (2) of the Constitu
It is more advanced in Singapore and peninsular
tion is of particular significance, to wit : Malaysia than in Sabah and Sarawak . For the most
Without prejudice to any power to make laws conferred on part, labor legislation on a broad base developed in
it by any other article the Legislature of a State may make Malaysia after World War II, although laws con
laws with respect to any of the matters enumerated in the
State List (that is to say, the Second List set out in the cerned with labor, especially migratory labor
Ninth Schedule) or the Concurrent List. (Chinese and Indian) for rubber estates, had been in
existence at least in Singapore and peninsular
Under the provisions of this article, Singapore has Malaysia, in the 19th century.13 There is no labor
complete autonomy in labor and social security
matters, including regulation of trade unions ; code for Malaysia as a whole ; peninsular Malaysia
has a " Rump Labour Code.” Collective bargaining
industrial and labor disputes ; labor welfare (housing is well advanced in Singapore and peninsular
of workers by employers ; employers' liability and Malaysia and is making increasing headway in
workmen's compensation ); unemployment insurance; Sabah and Sarawak .
health insurance ; widows', orphans', and old-age Generally, labor legislation sets the minimal
pensions; maternity benefits; provident and benevo
standards for working conditions in Malaysia .
lent funds; and superannuation or retirement. Anything above the minimal standards is obtained
These subjects are clearly set out in the Second or
either from the employer where the employees and
State List, 12 specifically in the supplement to the
State List for Singapore. workers are not organized , or through collective
bargaining where trade unions exist . For the most
The Federal Constitution , Part XII , articles 152– part, minimum statutory requirements for working
161H, includes special provisions concerning : The conditions are not exceeded. Exceptions are some
Malays ; the ethnic groups in Sabah and Sarawak, as of the large modern enterprises, especially in Singa
regards public service, and use of English and native pore and peninsular Malaysia, which provide the
best working conditions in Malaysia.
12 Subjects for legislation , at national and State levels, are set out in
Federal, State, and Concurrent Lists. The Federal List includes external 13 On May 1 , 1823 , the Singapore Government passed an ordinance con
affairs, defense, internal security, civil and criminal law, Federal citizenship, cerned with migratory workers from China and India and the terms of pay
finance, trade, shipping, communications, education , labor and social for such workers. In 1882, Malaya passed an ordinance providing for
security, and medicine. The State List includes Muslim law, land status, written labor contracts covering a term of 5 years. The Federated Malay
local government, and supplements for Sabah and Singapore (on labor) on States introduced a labor code in 1912 which condensed all previous
special prerogatives. The Concurrent List includes social welfare, scholar enactments and extended greater protection to labor. From 1912 to
ships, town and country planning, and public health. World War II, minor labor laws were introduced periodically.
35
Enforcement enforced any more strictly against foreign enter
prises than against local employers.
Enforcement of the labor laws of Malaysia is in Labor law enforcement officials of peninsular
the hands of labor inspectors or officers employed in Malaysia and Singapore rely in large measure on
the enforcement divisions (or sections) in the worker complaints, anonymous complaints, and
individual labor ministries or departments. En outside observers, as well as the government's labor
forcement jurisdiction is set forth in the various inspection services, for initiating investigations.
labor laws and pertinent regulations. Government labor agencies in Sabah and Sarawak
The labor laws are applied most effectively in have suffered from a shortage of inspection and
Singapore and peninsular Malaysia, partly because enforcement staff and have had to rely frequently
of the more sophisticated development of trade on district officers, acting in the capacity of Deputy
unions in these areas and their knowledge of labor Labour Commissioners, for inspection and enforce
laws, and partly because of the organization of the ment activity. Consequently, labor inspection,
government agencies concerned with labor. The enforcement of labor legislation, attention to safety,
Department of Labour in Singapore carried out 89 health, and welfare measures in factories, and the
formal inspections, 232 followup inspections, and collection of labor data, have all remained rather in
865 special investigations on labor matters, from abeyance in Sabah and Sarawak, particularly in the
January through August 1964. Inspection officers rural areas . From March through October 1963 ,
from the Department of Labour and Industrial Sarawak labor inspectors made 617 inspection
Relations in peninsular Malaysia inspected 1,194 visits to 507 establishments .
places of employment in August 1964. Nevertheless, As in peninsular Malaysia and Singapore, there is
customary practice in Singapore and peninsular no evidence that the labor laws are enforced any
Malaysia, according to labor leaders, often falls more strictly against foreign enterprises than
short of the statutory requirements of labor laws, against local employers. Similarly, the labor
particularly in the case of non-European firms, and authorities of Sabah and Sarawak must rely on
especially in the small establishments or enterprises worker complaints, anonymous complaints, outside
in rural areas where ignorance of the labor laws is observers, and the government's labor inspection
more widespread . There is no indication that the service, in addition to district officers, for labor law
labor laws in peninsular Malaysia or Singapore are enforcement.
36
PART III. LABOR AND MANAGEMENT
37
TABLE 16. MAINLAND MALAYSIA: MEMBERSHIP OF
union policies in mainland Malaysia. MTUC activ
ities at the State level are carried on through divi REGISTERED ORGANIZATIONS, DECEMBER 1963
sional committees throughout mainland Malaysia Number of Percent
where local unions and branches of national unions registered Total age of total
Number of members organi member member
Eiiiiiiii
iiiiiiii
are represented . The MTUC affiliated with the zations ship ship of all
unions
non-Communist International Confederation of
All members .. 1 286 276,070 100.0
Free Trade Unions (ICFTU) in 1950. The MTUC
Under 100 . 99 4,429 1.6
has sponsored over 200 Malaysians for training
ii !
100–199 . 55 7,944 2.9
200-499. 59 18,010 6.5
abroad under the auspices of agencies such as the 500-999 . 29 20,032
i
7.3
ICFTU , ILO, Asian Labor Education Center, 1,000-1,999. 22 32,098 11.6
2,000-4,999 . 15 45,866 16.6
Colombo Plan, and the U.S. Educational Exchange 5,000-9,999. 2 16,530 6.0
10,000 and over 2 131,161 47.5
Program . The MTUC and its affiliates also conduct Federations of trade unions.. 3
trade union education programs at home. 1 Includes 14 employer organizations with 729 members.
Trade unionism in mainland Malaysia has grown Note : Similar data for 1964 were not available.
from 162 registered organizations with 70,037 SOURCE : States of Malaya, Annual Report of the Trade Unions Registry,
1963 (Kuala Lumpur , 1964) , p. 3 .
registered members in December 1948, to 293 reg
istered organizations with 301,359 dues-paying
members in August 1964, as shown in the following in union affairs by associating these with cultural
tabulation : and educational matters. In others, participation
Number of is limited to routine bread -and -butter issues and
registered Number of
organizations 1 members becomes manifest only on special occasions or at
1948 (December) 162 70,037 annual meetings.
1951 197 108,254 Indians constitute the largest proportion of trade
1954 .. 239 114,349 unionists ; they make up the majority of the labor
1957 260 222,865
1960 .. 262 184,627
force on the rubber plantations. Malay and Chinese
1963 286 276,070 membership in unions amounts to about 28 percent
1964 (August ) . 293 301, 359 and 19 percent respectively of total membership
1 Includes registered employer organizations. The 293 organizations in
(table 17) . Most Malays are still subsistence farmers
August 1964 consisted of 278 unions of wage and salary earners with 300,654 and have not yet taken extensively to wage employ
members, and 15 employer organizations with 705 members.
ment. According to union leaders, Chinese are still
SOURCE : States of Malaya. Annual Report of the Trade Unions Registry' somewhat reluctant to join unions.
1963 ( Kuala Lumpur, 1964) , p . 2 ; and Ministry of Labour, Monthly Report
of the Ministry of Labour, Malaysia, August, 1964 (Kuala Lumpur, 1964) , TABLE 17. MAINLAND MALAYSIA : UNION MEMBERSHIP,
Appendix A , p. 40.
BY SEX AND RACIAL ORIGIN, MARCH 1963
Of the 278 unions of wage and salary earners
registered in August 1964 , 185 , or 66.5 percent, Total
Racial origin Male Female
were unions of persons employed by government or Number Percent
government corporations; these had a total member
ship of 103,011 , representing 37.8 percent of the All groups. 241,505 100.0 186,038 55,467
own printing press. In addition to its trade union All industries --- 122 189,032 100.0
activities, the NUPW is concerned with the social Agriculture and fishing 2 1,097 0.6
activities of its members, and has built branch Mining and quarrying
Manufacturing --
1
34
169 .1
11.7
i
22 , 203
Construction .
buildings and student hostels in various parts of Electricity , gas, water , and sanitary
3 4,489 2.4
39
Services Unions (has at least 3 affiliates with about Workers' Union (2,203 members) , and the Sibu All
25,000 members) .16 A list of Singapore's unions Trade Employees' Union ( 1,661 members ), account
registered in September 1964 is given in appendix D, for about 66 percent of the total membership.
which also shows affiliations with the NTUC , the Roughly 40 percent of union members are in some
nonregistered SATU, the independents, and inter 13 unions which government and labor officials
national affiliations. The federations mentioned identify as under Communist influence or control.18
above are not included . The largest unions, accord In Sabah, the Trade Unions and Trade Disputes
ing to official estimates and claimed membership Ordinance of 1947 , as amended , made provision , at
data, are as follows : ( 1 ) The Amalgamated Union of least until April 1965, for the registration of trade
Public Employees (AUPE) ,17 formed in 1959 , has unions, and accorded the unions protection in respect
about 50 branches with a claimed membership of of acts resulting from trade disputes .
about 30,000 and is affiliated with the NTUC as Unlike Sarawak, where trade unions appeared
well as with the Postal, Telegraph, and Telephone from 1948 onward , Sabah has had trade unionism
International (PTTI) and the Public Services mainly since 1962. As in Sarawak, trade unions are
International (PSI) ; (2) the Singapore Manual and principally urban and predominantly Chinese in
Mercantile Workers' Union (SMMWU) , formed in composition. According to government officials
1959 , has a claimed membership of about 20,000 and labor leaders, development of unions in Sabah,
and is affiliated with the NTUC and the Inter as well as in Sarawak , is slow for, among others, the
national Federation of Commercial, Clerical, and following reasons : ( 1 ) The majority of the people
Technical Employees (IFCCTE) ; (3) the Naval are engaged in agriculture as self-employed or
Base Labour Union (NBLU) , formed in 1947 , has family workers and , among the indigenous workers
an estimated membership of about 10,000 and is in particular, wage earning is generally resorted to
affiliated with the NTUC and the Singapore Federa only as a part-time or seasonal occupation ; (2) the
tion of Services Unions ; and (4) the Army Civil number of migrant Indonesians who are not orga
Services Union (ACSU) , formed in 1947 , has an nized ; (3) the low degree of industrialization ; (4)
estimated membership of about 10,000 and is also absence of workers with experience in union organi
affiliated with the Singapore Federation of Services zation ; (5) the existence of traditional semiorganized
Unions . trade guilds among craftsmen , particularly the
Chinese ; and (6) differences of race and language
Singapore's trade unions encompass various degrees among the workers.
of skill and include various types of workers. Gen
erally , the unions' leaders are said to discuss union As of October 1964 , there were 25 employee unions
matters with the membership and keep it informed with a total membership of 8,365 (appendix F) .
of pertinent labor activities. Three unions , the Sabah Commercial Employees'
Union (2,002 members) , the North Borneo Civil
The trade unions of Sarawak are given legal Services Union ( 1,898 members) , and the Sabah
status when registered with the Registrar of Trade Teachers' Union (894 members ), accounted for 57
Unions under the provisions of the Trade Unions percent of all union members. Sixteen unions, with
Ordinance of 1948 , as amended . Trade unions have membership ranging from 100 to 400 members each,
developed slowly but steadily ; they are principally had a total of 3,149 or 38 percent of the total
urban unions and predominantly Chinese in com membership , and the remaining 6 unions accounted
position . As of October 1964, there were 40 unions for 422 members or 5 percent of the total member
with a claimed membership of 14,068. Most are ship.
small ; 23 had less than 100 members each ; 12 had The structure of Malaysian unions follows a
from 100 to 780 members each ; and only 4 had a pattern similar to that of unions in western nations .
membership exceeding 1,000 (appendix E) . The 4 Officers include a general secretary and president, a
largest unions, the Sarawak Government Asian treasurer or financial secretary , an executive com
Officers' Union (3,173 members), the Sarawak 1st mittee , board , or council, and , in large unions,
Division Workers ' and Labourers' Union ( 2,233 branches or locals. Statutory provisions require that
members) , the Sarawak Public Works Department officers be elected by secret ballot. Secret ballot is
also used in election of delegates to a federation of
16 The Singapore Federation of Services Union is composed of unions
representing civilian employees of British military forces in Singapore.
17 Most of the affiliates of the former Singapore Federation of Unions of 18 The Trade Unions Ordinance of peninsular Malaysia was extended to
Government Employees have merged with the AUPE. Sarawak and Sabah in August and April 1965 , respectively .
40
trade unions, and in decisions to : ( 1 ) Stop work ; (2) unions have not opposed conscription for national
impose a levy on the membership ; (3) amend a defense ; on the contrary, and particularly since the
union's rules; (4) amalgamate with other unions; (5) confrontation with Indonesia, they have encouraged
join or form federations ; (6) change the name of a Armed Forces service . A number of labor leaders
union or federation ; and (7) dissolve a trade union . favor the closed shop although there is no indication
Union discipline, which is governed by the consti that any have seriously sought it, and in most
tution and bylaws of the various unions, tends to cases, especially in Singapore and mainland Malaysia,
vary considerably throughout Malaysia , particularly they are aware of the need to expand vocational
in regard to payment of dues, although most consti training to meet the skill requirements of the devel
tutions specify certain time limits for nonpayment of oping industrial sector of the economy. Some of the
dues. The ultimate authority on dismissals from a larger union organizations, such as the MTUC ,
union generally rests with the union's executive have special committees on education, and have
board , committee , or council. The unions are worked closely with international bodies on workers'
financed principally by membership dues . education , training, and conducting labor seminars,
The National Government, as well as the govern and in preparing and distributing educational ma
ments of Singapore , Sabah , and Sarawak , has gen terials on trade union development and organization
erally advocated the development of strong, and collective bargaining. ICFTU representatives
responsible, and democratic trade unions ; the have visited Sabah and Sarawak and have conducted
National Government and Singapore have encour short trade union seminars in eastern Malaysia .
aged amalgamation of unions. Through the various Malaysian unions, particularly those in mainland
trade unions ordinances and pertinent regulations, Malaysia and Singapore, use strikes and work slow
the National Government and the governments of downs as means to obtain their goals . Trade unions
Singapore, Sabah , and Sarawak maintain strict and their activities are generally given wide coverage
control over trade unions . All unions must be in the press. The general attitude toward trade
registered with the Trade Unions Registrar, and unions is perhaps best expressed in the labor legis
their branches are inspected periodically by him or lation concerning them . Under the Constitution,
his representative , to ensure that they comply with freedom of association implies both freedom for
the statutory requirements on trade unions. Unions individuals to form trade unions and freedom for
are deregistered for noncompliance with the various the unions to carry out their specified functions.
trade union ordinances and regulations.
Management Organizations
Malaysian unions have seldom opposed efforts to
increase productivity, although they are likely to Employers' associations in Malaysia can be
protest dismissals, and likewise generally contend
that harder work justifies higher wages . Except in divided into two categories according to the legal
Sabah 19 and Sarawak , the unions oppose importa status for which they have opted. Some are reg
istered as “ trade unions” under the various Trade
tion of foreign labor ,20 maintaining that while Unions Ordinances (mainland Malaysia, 1959 ;;
unemployment exists in mainland Malaysia , Singa
pore , and to some extent in Sarawak , employers, Singapore, 1941 ; Sarawak, 1948 ; and Sabah , 1947) ,
while others are registered as societies under the
where possible, should draw from their own area's Societies Ordinances of the representative parts of
labor supply. In this view, organized labor has the Malaysia where such ordinances exist. Some of the
support and cooperation of the area governments. employers' organizations are nationwide in scope,
However, if a skill needed by an employer is not
while others are regional or local within the compo
available , as is frequently the case in Sabah, unions
nent parts of Malaysia .
will accept foreign labor, provided the employer
The employer organizations registered as "trade
(especially in mainland Malaysia and Singapore) unions' under the Trade Unions Ordinances are
agrees to train employees or workers from his own
area's labor supply as replacements. Generally, the counterpart of the unions of wage and salary
earners , and must comply with the standards
embodied in the Trade Unions Ordinances . For
19 Sabah unions have not reacted to importation of labor into Sabah example , in mainland Malaysia, section 2 of the
because it affects mainly two industries where there are no unions
plantations and construction . Trade Unions Ordinance of 1959 defines a trade union
20 Only highly skilled technicians or managers are given employment in part as : “ Any association or combination of work
passes by the National Government. Most government unions in Malaysia
are critical of the continued use of expatriates. men or employers . . . , within any particular trade,
41
occupation, or industry , or within any similar trades, The Malayan Mining Employers' Association
occupations, or industries . . . having among its (MMEA) , registered as a trade union and formed in
objects ... the regulation of relations between 1947 by the tin producers in mainland Malaysia ,
workmen and employers, or between workmen and represents most of the mines owned by European
workmen , or between employers and employers ; and American companies and a number of mines
the representation of either workmen or employers owned by Chinese. Approximately 90 percent of
in trade disputes ; or the promotion or organization the employers in the tin industry in mainland
or financing of strikes or lockouts in any trade or Malaysia belong to the MMEA. The European and
industry or the provision of pay or other benefits American companies, except for a few open -cast
for its members during a strike or lockout.” mines (similar to quarries) , extract tin ore by means
As of August 1964 , there were 15 employers' of dredges , and pay wages . The Chinese extract
organizations in mainland Malaysia (appendix G ) , tin ore almost entirely by the open -cast method ,
with a total of 705 members , distributed as follows : and provide remuneration on a semicooperative
Number of system linked to output. In 1964 , there were about
employer
organizations Membership 700 tin mines in Malaya (including some 70 with
Total ... 15 705
dredges ), employing approximately 30,000 workers.
Selangor . 6 449
Perak . 4 178
The Federation of Malaya Employers’ Consulta
Penang - 3 45
tive Association (MECA ), registered as a society
under the Societies Ordinances of 1949 and formed
I!
Malacca .. 1 19
Johore . 1 14 in 1960, had a membership, as of October 1964, of
SOURCE : Ministry of Labour, Monthly Report of the Ministry of Labour,
215, including employers in banking, insurance, the
Malaysia ( for the States of Malaya, Sarawak, and Sabah ), August 1964 oil industry, catering and entertainment, profes
( Kuala Lumpur, 1964) , appendix A, p. 40. sionals (public accountants), motor transport, sales
Membership in the above organizations includes and secretarial personnel in commercial establish
employers engaged in rubber production, tin mining, ments, engineering, retail distribution, and light
stevedoring, bakeries , lighterage , printing , trans industry. The MECA is concerned almost exclu
port, lumber, construction, and firewood and char sively with industrial relations and advises its
coal . Membership and financial resources of the members on recognition of labor unions, on negotia
employer organizations , their attitude toward labor tions and wording of collective bargaining agree
unions, and the nature of the problems they face ments , and on all matters where the interests of
all vary from one industry to another . The three employer members are not in the jurisdiction of the
principal employer organizations are : ( 1 ) Malayan chamber of commerce . The MECA also provides
Planting Industries Employers ' Association members with information and advice on legislative
(MPIEA) ; (2) Malayan Mining Employers’ Associa matters concerning employers, and promotes and
tion (MMEA) ; and (3) Federation of Malaya Em encourages consultation and exchange of views
ployers' Consultative Association (MECA) . between members or groups of members on prob
The MPIEA (registered as a trade union ) was lems of common interest . It makes representa
founded in 1947. By March 1964 it had 308 mem tions to the government on legislative and other
bers , who operated 542 plantations with a total area matters which affect members as a whole, and
of 1,486,260 acres, and 11 factories . The MPIEA provides a liaison with other associations or similar
represents the majority of the largest estates of the bodies on matters of interest to employers at all
plantation industries-rubber, oil palm, and tea. levels. The MECA can only advise its members ;
Under MPIEA rules, the association is open only as a society under the Societies Ordinance, it does
to planters cultivating more than 50 acres, and its not negotiate with unions of wage and salary
earners .
Proprietors' Representatives Committee , which
speaks for plantations of 10,000 or more acres in Together with the MPIEA and the MMEA, the
size , enjoys special rights.21 Most Chinese rubber MECA is a member of the Malayan Council of
plantation owners have not joined the MPIEA . Employers' Organizations (MCEO) , an organization
recognized by the government as representing all
21 The special rights of the Proprietors' Representative Com organized employers in mainland Malaysia. As
include : absolute control over and power to decide all matters of policy
affecting the MPIEA and its affairs, and absolute control on all matters of members of the MCEO , representatives of the
policy concerning the Executive Council's powers to settle and arbitrate various employer organizations sit on government
disputes between a member or members and an employee or employees
which are not required by law to be decided by a secret ballot of all members. committees, including the National Joint Labour
42
Advisory Council (chart 1 ; the Council advises the provisions of the Trade Unions and Trade Disputes
Minister for Labour on matters affecting labor) , Ordinance of 1947 as amended) employer organiza
where 7 out of the 19 employers' representatives are tions in Sabah in October 1964:22 ( 1) The Incor
nominated from the MCEO . Representatives of the porated Society of Planters, with 46 members; and
MCEO also sit on the Advisory Council of the (2) the Commerical and Agency Houses Association
Malayan Employment Exchange Service. of Sabah , with 13 members. Neither organization
In addition to the main employers' organizations has a permanent committee on industrial relations.
discussed above , there are a number of other em However, temporary committees on industrial
ployer organizations also significant in employer relations are established from time to time to
activities ; they include the Malayan Commercial advise members on the latest trends in this field and
Banks Association, and the various chambers of on the forms of collective bargaining agreements,
commerce throughout mainland Malaysia. Many and generally to act as intermediaries in industrial
employers do not belong to any employer associa relations matters affecting labor and management.
tion, but deal with their labor matters individually. In addition to these two employer organizations,
In Singapore, there were 54 employers' organi other management organizations include the follow
zations (appendix H) with a total membership of ing : ( 1) The Sabah Chamber of Commerce ; (2)
6,076 as of August 1964. Only the Singapore the Sabah United Chinese Chamber of Commerce;
Employers' Federation is concerned with industrial and (3) the Chinese Chambers of Commerce in the
relations. Founded in 1948 as the Federation of various towns of Sabah-all affiliated with the
Industrialists and Traders in Singapore (the current Sabah United Chinese Chamber of Commerce.
name was adopted in 1952) , the Singapore Em The purposes of the chambers of commerce are
ployers' Federation had about 340 members employ generally the same as those of similar organizations
ing about 42,000 persons as of October 1964 ; it is elsewhere. Representatives of employer organiza
registered as a trade union under the provisions of tions (usually four) are called upon by the govern
the Trade Unions Ordinance of 1940. The objec ment from time to time to provide advice on indus
tives of the Federation are to : ( 1 ) Advise members on trial legislation and on labor administration
industrial relations; (2) appear in the arbitration generally.23
courts on behalf of its members ; (3) advise upon The employers in Sarawak have one organization,
forms of collective contracts between members and the Sarawak Employers' Consultative Association,
employees ; (4) encourage and undertake by arbitra which was registered under the Societies Ordinance,
tion , conference, or similar procedure , the settle chapter 107 of the Laws of Sarawak, on June 1 , 1963 .
ment of disputes either between members or between The association provides consultative services to
members and employees ; (5) represent the members, its members on labor legislation and industrial
or any one of them, in any trade dispute in which relations, and has advised its members on the
they, or he, may be directly or indirectly interested, preparation of collective bargaining agreements.
including representation on any wages, conciliation, Sarawak also has a number of chambers of commerce ,
or other board authorized by any law in force in including the following : ( 1 ) The Sarawak Chamber
Singapore ; and (6) promote or oppose legislative of Commerce, constituted mainly of European
and other measures which affect or are likely to entrepreneurs in the state ; (2) the Chinese Chamber
affect employers engaged in - or connected with of Commerce ; and (3) the Indian Chamber of Com
industry or trade. merce . The chambers of commerce have no indus
In addition to the Singapore Employers' Federa trial relations committees.
tion , employer organizations include the following: Generally, lockouts are not common in Malaysia,
( 1 ) The Singapore Manufacturers’ Association, with although employers do occasionally resort to them,
representatives from all the chambers of commerce, especially in mainland Malaysia and Singapore.
which was formed to bridge the communal and
sectional interests of the various employers and 22 Since October 1964, a Sabah Employers' Consultative Association
(SECA) has been formed, as well as two additional management organi
their organizations ; (2) the Chinese Chamber of zations: ( 1) Sabah Planting Industry Employers' Association ; and (2)
Commerce; (3) the English Chamber of Commerce ; Sabah Timber Industry Employers' Association. Both are affiliated with
the SECA .
and (4) the Indian Chamber of Commerce . 23 Labor advisory boards are established periodically on a tripartite
In Sabah, as with unions of wage and salary basis with equal representation (four members each) from government,
earners, employer organizations are small and few employers, and workers. The board sits under the chairmanship of the
Commissioner for Labour and Welfare . It provides advice on industrial
in number. There were two registered ( under the legislation and on labor administration generally .
43
International Ties the various appendixes for specific affiliations.)
Malaysian labor's participation in the various inter
Malaysia is a member of the International Labor national bodies also includes receiving assistance in
Organization (ILO) and sends delegates to the ILO the form of advisers, and educational and training
conferences held in Geneva . At the 48th session of grants, fellowships, and seminars on trade unions,
the ILO conference held from June 17 to July 9, industrial relations, and related matters, and also
1964, Malaysian workers' representatives served on printed material from the ICFTU and ITS on labor
the ILO's committees on Social Security, Employ matters.
ment Policy, and the Application of Conventions
and Recommendations. The MTUC of peninsular Management organizations, especially in penin
Malaysia has been affiliated with the ICFTU since sular Malaysia and Singapore, have international
affiliations. For example, the Malayan Employers'
1950. Several Malaysian trade unions are affiliated
with International Trade Secretariats, including: ( 1 ) Consultative Association (MECA) is affiliated with
the Industrial Welfare Society and the Overseas
The International Transport Workers' Federation
Employers' Federation, both in the United Kingdom,
(ITF) ; (2) the Public Services International (PSI) ;
(3) the International Federation of Plantation , and, through the Malayan Council of Employers'
Agriculture, and Allied Workers (IFPAAW) ; (4)
Organizations (MCEO ), with the International
Employers' Organization. The Singapore Em
the International Federation of Journalists (IFJ) ;24
ployers' Federation has a continuing liaison with
(5) the International Federation of Petroleum and
Chemical Workers (IFPCW) ; (6) the International other employer bodies in various parts of the world,
Federation of Commercial , Clerical and Technical including the Antigua Employers' Federation and
the Fiji Employers' Consultative Association. Usu
Employees (IFCCTE) ; (7) the Postal, Telegraph
and Telephone International (PTTI) ; and (8) the ally the liaison is maintained by the exchange of
International Federation of Free Teachers Union minutes and correspondence between the organiza
tions. The tripartite delegations sent to the ILO
(IFFTU) . (See section on Labor Organizations and conferences in Geneva invariably include, on the
21 National Union of Journalists, Petaling Jaya, Selangor, Malaya (not employers' side, representatives from the leading
included in appendixes B through F because membership was under 2,000 ). management organizations .
44
employers and their workers. In addition, they in classification; (9) housing allowance ; ( 10) outstation
terpret and revise agreements as and when necessary. (away from the usual place of employment) allow
The decisions of the voluntary joint bodies are ance ; ( 11 ) paid annual leave ; ( 12 ) overseas pay ;
reached by mutual agreement and are not enforceable ( 13 ) festival holidays pay ; ( 14) medical facilities;
by law. In addition to establishing standard rates ( 15) sick leave with pay ; ( 16) tuberculosis and
and conditions of employment , the collective leprosy leave ; ( 17) severance pay ; ( 18) retirement
agreements made under the voluntary joint negoti benefit plan; ( 19) annual savings scheme with equal
ating machinery usually include provisions for contributions from the employer; (20) wage incre
referring issues of disagreement to an independent ments; (21 ) wage structure for a basic wage and a
party for decision . The provisions for arbitration skill differential; and (22) continuation of the
are voluntary arrangements made by the mutual agreement .
consent of both parties. The decisions given by the In October 1962, a 2-year collective agreement was
independent party are not legally binding and their concluded between the National Union of Bank
acceptance, like the mutual agreements, is also Employees and some 20 banks (collectively referred
voluntary. to as “ the banks ” ) which includes provisions on :
In mainland Malaysia, collective bargaining may ( 1 ) Rates of pay ; (2) probationary period of employ
be confined to the employees or workers in a single ment ; (3) promotion ; (4) working hours ; (5) stagger
establishment or may cover all the establishments of ing of working hours ; (6) overtime for weekdays,
a single employer. It may be conducted locally in Saturdays , Sundays, and public holidays ; (7) annual
individual enterprises, on a state or regional basis , leave ; (8) accumulation of leave ; (9) emergency leave
in an industry or occupation . Most unionized on compassionate grounds or in cases of emergency;
workers are covered by some form of collective agree ( 10) maternity leave ; ( 11 ) sick leave ; ( 12) medical
ment . One contract, on plantations, covers some benefits ; ( 13) accidents policy; ( 14) transfer of
200,000 workers. staff; ( 15) uniforms ; ( 16) loans to staff for purchase
In most European plantation industries, collective of houses ; ( 17 ) transportation allowances ; and ( 18)
bargaining takes place at the national level between joint management-union committee for the purpose
MPIEA, the central employers' association, and the of fostering and improving relations between
NUPW. In 1964, five collective agreements, signed management and the staff.
in July, were in force covering wages (for tappers) , In March 1964, the National Union of Petroleum
holidays, pay for periods in hospital, and housing Industry Workers concluded a 3-year agreement
allowances , and an interim agreement calling for a with Esso Standard Malaya Limited , which included
joint working party of labor and management to provisions for : ( 1 ) Duration of agreement (3 years
examine the possibility of extending the fixed with automatic renewal for 1 year if neither requests
weekly day of rest (set for Sunday, subject to further negotiation for a new agreement at least 3 months
review ) to all plantation workers . During the before the expiration of the agreement) ; (2) monthly
interim, the provisions on days of rest contained in deduction of union dues ; (3) pay and allowances;
the February 1962 agreement remain in effect. (4) shift premiums ; (5) overtime pay ; (6) meal
Chinese planters are not normally parties to collec allowances ; (7) transportation allowance for com
tive agreements; workers on Chinese plantations are pany trips; (8) annual bonus ; (9) holidays ; ( 10)
often paid under an incentive system according to annual leave ; ( 11 ) leaves of absence ; ( 12) maternity
the amount of work accomplished . leave ; ( 13 ) special leave ; ( 14) pay for time lost
In May 1964, the MMEA concluded a 2-year because of births , deaths , or marriages; ( 15) medical
agreement with the National Mining Workers' Union benefits ; ( 16) sick leave ; ( 17) termination allowance ;
of Malaya , applicable to directly employed manual ( 18) grievance procedure ; ( 19) promotion; (20)
workers in European-managed tin mines. The transfers; (21 ) uniforms and laundry ; and (22) safe
provisions of this agreement include : ( 1 ) A proba and healthful working conditions.
tionary period of employment ; (2) requirement for Other collective agreements exist, including
medical examination and X-ray before or during national agreements for office employees of planta
the probationary period ; (3) conditions for termina tions and tin mines. Major commercial firms have
tion of employment and period of notice ; (4) days negotiated a joint national agreement covering non
and hours of work ; (5) overtime payment ; (6) emer wage items with the National Union of Commercial
gency overtime payment; (7) weekly day of rest ; Workers. The provisions are numerous and varied
(8) allowance for performing work with a higher and those cited are not to be construed as exhaustive .
45
Whitley Councils,26 modeled on similar govern All collective agreements must be validated by
ment union -management bodies in the United the Industrial Arbitration Court whether or not
Kingdom, are the basic instruments through which they have been reached through the court's inter
labor-management relations in the government cession. Between October 24 , 1960, and the autumn
service are conducted . Civil servants' unions of 1963, the Industrial Arbitration Court certified
participate in the work of the Whitley Councils. nearly 400 collective bargaining agreements entered
In semipublic sectors, the Central Electricity Board into by parties without resort to arbitration , secured
negotiates national collective agreements with the agreement in 18 cases that started as disputes but
unions to which its employees belong. The Penang ended as agreements through the court, and made 39
Port Commission bargains with its employees ' awards in cases that remained as disputes . The agree
union on working conditions and wages. The Munic ments and awards covered about one -third of the
ipal Council of Penang carried on collective bargain nearly 200,000 workers who were members of trade
ing with the municipal workers' union through a unions in Singapore at that time. There were 268
joint council consisting of representatives of the collective agreements in Singapore in 1963 .
Municipal Council and the unions. A number of The number of employees or workers covered by
municipal employees other than those in Penang individual collective agreements in Singapore varies
are also covered by agreements with varied provi from as few as 2 or 3 to as many as 7,000. Most
sions on working conditions. agreements cover from 10 to 100 employees or
In Singapore, a considerable amount of collective workers; some cover all employees or workers in an
bargaining is carried on, all of which must comply establishment, while others leave out the managerial,
with the minimum statutory requirements embodied executive, and confidential staff. Some agreements
in the Industrial Relations Ordinance of 1960 . In specify that the benefits contained therein are for
part, this ordinance provides for the regulation of union members only ; others specify that staff
labor-management relations, the prevention and members who do not belong to the union will not be
settlement of disputes by collective bargaining, the employed on better terms and conditions than
registration of collective agreements,27 the authority union members .
of the government to refer an industrial dispute to Benefits contained in Singapore collective agree
compulsory arbitration , an Industrial Arbitration ments vary considerably from industry to industry
Court presided over by a President (Pt. II , secs, 3 and even within a particular industry . Most
and 4) , and the appointment of a Registrar for the agreements are between a single employer and the
Industrial Arbitration Court (Pt . II , sec. 15) . negotiating union representing his personnel. At
23 In April 1953, two national councils were set up , one for monthly times, there are separate agreements for different
salaried officials (those in divisions I-IV) and the other for industrial and categories of employees or workers or for different
manual groups (IMG ) . Since then the machinery has been extended
down from the national level to the individual government departments types of benefits. The most comprehensive and
and services. Although their organization and powers are similar, there complex agreements are those relating to employees
are some differences of detail between the two national Whitley Councils. of the Government of Singapore .
The council for monthly salaried civil servants is under the chairmanship of
the Permanent Secretary to the Prime Minister's Department and the Generally, collective agreements in Singapore
staff is represented by 22 members, while the council for the IMG has the
Principal Establishment Officer as chairman and the group is represented include provisions dealing with : ( 1 ) Bonuses ; (2)
by 15 members. In both cases, the government representatives are annual and sick leave ; (3) maternity leave ; (4) com
appointed by the Yang di-Pertuan Agong, while the IMG representatives
are all elected for 1 year by members of the civil service trade unions and passionate leave on various grounds ; (5) medical
staff associations. In the council for established staff, the organizations
representing Divisions I-IV share the seats between them, the majority as the case may be, to negotiate with it in relation to those matters with a
belonging to the Congress of Unions of Employees in the Public and Civil view of arriving at a collective agreement ” (Pt. III, sec . 16) .
Services (CUEPACS) . The staff representatives on the council for the “ If a collective agreement is arrived at a memorandum of its terms shall
IMG government employees are appointed by the Government IMG Staff be made in writing and signed by or on behalf of the parties to the agree
Council . The two councils have appointed a number of committees and ment and delivered to the Registrar who, upon receiving it , shall forthwith
subcommittees which make preliminary studies of various questions. The bring it to the notice of the President for certification .
Whitley Councils have no power to deal with individual cases unless a “ The President may refuse to certify a memorandum ... if he is of the
question of principle is involved. On the other hand, any proposal affect opinion that it is not in the public interest that the collective agreement
ing general conditions of employment, including the structure and level of should be certified ...
remuneration , must be submitted to them . The government can only take “ A collective agreement shall specify the period during which it shall
its decision after discussion and, as far as possible , after agreement has continue in force, which period shall be not less than 18 months or more than
been reached. When the two parties cannot agree in the Whitley Councils, 3 years from the date on which it is expressed to commence and shall, un
provisions are made for arbitration under the agreement between the less the President considers such provision would be inappropriate, make
government and the civil service staffs. provision for the settlement of disputes between the parties to the agree
27 “ A trade union of employees may serve on an employer and an em ment while the agreement is in force arising out of the operation of the
ployer may serve on a trade union of employees a notice in the prescribed agreement including provision for the reference of such disputes to & referee
form setting out proposals for a collective agreement in relation to any who may be a person designated in the agreement or a person to be chosen
industrial matters and inviting the employer or trade union of employees, in a manner provided by the agreement...” (Pt. III, sec. 23) .
46
benefits; (6) standard workweek ; (7) shift premium; One collective agreement 28 in Sabah, covering
(8) promotion ; (9) overtime ; ( 10) provision of mostly commercial employees and workers in seven
uniforms where uniformed personnel are used ; and enterprises, has a number of provisions similar to
( 11 ) transportation in the course of company those in collective agreements in Singapore and
business or when employees or workers are required mainland Malaysia . The contract contains pro
to work outside the normal operating hours of visions concerning: ( 1 ) Scope of coverage (including
public transportation or when work is required on all employed personnel except confidential secre
public holidays or days of rest. A number of col taries, supervisory staff, temporary employees,
lective agreements also contain a listing of the employees on probation, domestic servants, and
salaries and wages to be paid , and provisions on certain salesmen or employees normally eligible for
call- out pay (when a worker is called out to work commissions) ; (2) position classification and grades ;
outside normal working hours) ; annual service (3) probationary period of employment; (4) annual
gratuity, fixed for certain periods of service, as increments in pay ; (5) transfers; (6) hours of work;
as annual increments in the basic wage or salary; (7) overtime ; (8) rest days; (9) public holidays; ( 10)
payment for shipment of household effects on com annual leave ; ( 11 ) compassionate leave for death, or
pany transfers ; severance pay or termination or serious illness, of a family member; ( 12) sick leave;
resignation allowance ; and retrenchment (reduction ( 13) maternity leave ; ( 14) medical service ; ( 15)
in force) according to seniority. hospitalization; ( 16) discipline ; ( 17) retirement age
Section 40 of the Industrial Relations Ordinance and benefits; ( 18) retrenchment (reduction in force );
of Singapore empowers the Industrial Arbitration ( 19) study and trade union leave ; (20) bonus ; (21)
Court to give an interpretation of a collective agree disablement; (22) subsistence allowance ; (23) uni
forms for uniformed personnel; (24) complaints
ment upon application of a union or person bound
by the agreement; this interpretation becomes part procedure ; (25) tuberculosis leave; (26) arbitration ;
of the agreement. Questions of law are referred to and (27) duration of the agreement.
the State Advocate -General for his opinion ; an In Sarawak, as in Sabah, collective bargaining is
award or order of the Industrial Arbitration Court minimal , but is increasing. Although the exact
must be consistent with this opinion. number of collective agreements is not known, labor
leaders and management personnel estimated that
Collective bargaining has been minimal (but is there were 12 agreements in 1964. There are no
increasing) in Sabah , where industrial relations have statutory requirements governing collective bar
been maintained principally through close personal gaining as such in Sarawak; however, the Trade
contact between employers or managers and their Unions Ordinance of 1948 , as amended, and the
employees individually, or through consultative Trade Disputes Ordinance of 1948, contain provi
committees at individual places of employment. sions on trade unions which relate to employees or
No data are available on the exact number of workers and their relations with employers.
collective agreements; several were concluded in 1963 The provisions contained in collective agreements
and at least one in 1964 covering seven major in Sarawak are similar to those in the collective
European commercial firms. The chief deterrents agreements in Sabah . According to the Annual
to a more rapid advance in collective bargaining are : Report of the Department of Labour, Sarawak (Sep
( 1 ) The newness of trade unionism in Sabah ; (2) tember 1962 - December 1963) :
the low degree of industrialization in the state
“ The policy ... of the Government in the future
only about one-third of the economically active will be to encourage self -determination in industry,
population are full-time wage earners ; and (3) the a policy based on the principle of recognizing the
comparatively high wage rates prevailing for skilled desire of both sides of industry that questions relating
and semiskilled workers . There are no statutory to wages and conditions of employment and other
requirements on collective bargaining as such ; matters of mutual interest should be settled by
however, the Trade Unions and Trade Disputes themselves, rather than by compulsory measures
Ordinance of 1947, as amended , does contain provi enforced by legislation .”
sions on trade unions which relate to employees or
workers and their relations with employers.
28 Reference is to the Sabah Commercial Houses Conditions of Employ
Whitley Councils have also been established in ment Agreement, 1964. The agreement is construed as a separate and
Sabah for negotiations covering government em independent agreement between each company on the one part and the
union on the other ; each company has been responsible for carrying its
ployees. terms into effect only insofar as its own employees are concerned.
47
Settlement of Disputes recognition 31 and acts of discrimination against
unions or victimization of union members are dealt
The National Government , through the Depart with as ordinary disputes .
ment of Labour and Industrial Relations in the Disputes are settled by conciliation , mediation,
Ministry of Labour, assists in the prevention and and arbitration , or by a Court of Inquiry. Concilia
settlement of industrial disputes in mainland tion in mainland Malaysia, as provided under the
Malaysia through conciliation and arbitration where Industrial Courts Ordinance of 1948 , is voluntary,
labor and management are unable to reach agree i.e. , the disputants may ask for it if they wish. The
ment, provided the disputing parties are agreeable industrial relations officer of the Ministry of Labour
to such assistance . Mainland Malaysia has no laws will normally intervene only if the dispute is reported
on compulsory arbitration . The principal laws per to the Ministry by one of the parties to the dispute.
taining to the prevention and settlement of disputes Mediation has been used on at least two occasions
are : (a dispute involving railways in 1962 and a planta
1. The Industrial Courts Ordinance of 1948, which provides tion dispute in 1964) and is becoming recognized as
for government conciliation services and for the establishment a procedure half -way between conciliation and
of a permanent Industrial Court 29 to which disputes can be arbitration . As with conciliation, mediation is
referred if both parties are willing and there has been a break voluntary .
down in negotiations under the voluntary procedure estab Arbitration services provided under the Industrial
lished by labor and management (joint consultative boards,
committees, or councils) ; also, there are provisions in this Courts Ordinance of 1948 are also voluntary , and
ordinance for referral of disputes to one or more arbitrators the consent of both parties is necessary before
or to an arbitration board (if no such procedure exists, only referral of a dispute to arbitration . There are three
the consent of the parties to the dispute is required ), and for methods of arbitration : ( 1 ) Through the standing
the appointment of Courts of Inquiry 30 in cases where the Industrial Court (see text footnote 29) ; (2) by one
interest of the public would be seriously affected by a dispute.
2. The Trade Disputes Ordinance of 1949, as amended , to or more persons appointed by the Minister for
control trade disputes in public services , including public Labour ; and (3) by an arbitration board consisting
health services, and certain matters arising from all trade of one or more persons nominated by and represent
disputes. ing labor and management on an equal basis , and
3. The Trade Disputes ( Notice) Regulations of 1951 ,
drawn up under section 16 of the Trade Disputes Ordinance an independent chairman nominated by the Minister
of 1949 to determine the persons by and to whom notice of for Labour.32 An arbitration board is set up only
strike or lockout in public utility and public health services to deal with a particular dispute and is not
shall be given , and the manner in which such notices shall be permanent, as is the Industrial Court .
communicated .
A Court of Inquiry, appointed by the Minister
A trade dispute in mainland Malaysia is defined in for Labour, handles disputes referred to it by him.
the Industrial Courts Ordinance of 1948 as : He makes the rules regulating its procedure, which,
among other things, empower the Court to summon
... any dispute or difference between employers and workmen , witnesses and to call for documents relevant to the
or between workmen and workmen , connected with the
dispute . The Court may require any person called
employment or non-employment, or the terms of employ
ment, or with the conditions of labour, of any person . upon who has knowledge of the dispute to furnish
relevant particulars and , where necessary , to appear
With minor exception, the same definition of a before the Court and give evidence. The Industrial
trade dispute appears in the Trade Disputes Ordi
nance of 1949 and in the Trade Unions Ordinance of
31 Labor and management have established procedures by voluntary
1959. These laws do not distinguish between various agreement for handling disputes over trade union recognition . Where an
types of disputes. Disputes over trade union employer is in doubt as to the representative status of a trade union which
has applied for recognition, he may submit to the Commissioner for In
dustrial Relations the names of all his employees who are eligible to be
29 The Industrial Court is composed of employers' and workers' repre members of the union concerned . If the union consents, the Commissioner
sentatives and independent members. The Chairman is one of the latter for Industrial Relations will then arrange with the Registrar of Trade
with full powers as umpire in the event the members cannot agree on their Unions for a check to be made on the membership position of the union and
award. The Court's decisions are not in themselves legally binding, but inform the employer to assist him in a decision on recognition . There is
the parties usually agree in advance to accept them. The Minister for no legal requirement for an employer to recognize a union or bargain in
Labour can also refer a question to the Industrial Court for advice. good faith .
30 A Court of Inquiry is composed of a chairman and such other persons 32 A significant provision in the Industrial Courts Ordinance of 1948
as the Minister for Labour thinks fit to appoint, or may, if the Minister is section 4 (4) which precludes intervention by the Minister for Labour if
thinks fit, consist of one person . The Court of Inquiry does not impose there exist in any trade or industry any arrangements for the settlement of
any settlements on the disputants. It makes recommendations as to the disputes by conciliation or arbitration voluntarily agreed to by the parties
manner in which a dispute may be settled; such recommendations are not themselves, unless there has been a failure to obtain settlement by means of
binding. the parties own arrangements.
48
Courts Ordinance stipulates that any information processes and an officer of the Department of
obtained in the course of an inquiry about any trade Labour and Industrial Relations serves as Secretary
union or business which is not otherwise available to the arbitration bodies .
to the public shall not be published without the In mainland Malaysia, the Trade Disputes
consent of the organization or person affected . Ordinance of 1949 grants to the workers the right
Public employees in mainland Malaysia so far to strike. In principle, workers in private industry,
have not been covered by the Industrial Courts public employees, and workers in public utilities 34
Ordinance of 1948 . Any collective disputes in have the right to strike , although the latter are
which they may be involved are discussed through subject to certain restrictions under section 7 of the
the Whitley Councils 33 and , if no settlement is Trade Disputes Ordinance of 1949. A strike cannot
reached, the parties may jointly decide to take the take place if the Minister for Labour has referred
case to arbitration under the agreement between the dispute to arbitration under the Industrial
the government and the civil service staffs. Courts Ordinance of 1948, or has referred it to the
The normal procedure in handling a dispute Industrial Court for advice, up to 7 days following
in mainland Malaysia is as follows : If a dispute the conclusion of the arbitration or advisory pro
arises where there is an agreed joint machinery for ceeding, respectively . Public utilities workers
dealing with disputes , the Industrial Relations must notify their employer of their intention to
Officer of the Ministry of Labour will not normally strike 14 days in advance ; to be legal the strike
intervene, although he may ascertain on an informal must begin during a 6-week period from the ex
basis that the parties to the dispute are making piration of the 14 days' notice .
proper use of their joint machinery. Where there is The rules of all registered " unions,” according to
no agreed procedure for handling a dispute, or when the Trade Unions Ordinance of 1959 , must provide
the procedure has broken down , and if it is known for a secret ballot on questions relating to a strike.
that the parties have reached or are likely to reach a This includes employers' organizations on matters
deadlock , the Industrial Relations Officer tries to concerning a lockout. The law does not prescribe
bring about a resumption of direct discussions be the majority required for these decisions.
tween the parties by discussing the points in dispute Employees or workers participating in an illegal
with representatives of each side and offering strike within the meaning of the Trade Disputes
suggestions . In some cases , he holds these discus Ordinance of 1949 are subject to penalties involving
sions separately with each party on an informal imprisonment and fines (sec . 9) . An employer or
basis , but in other cases, it may be possible to ar worker is also subject to penalties under section 5 if
range a formal joint meeting ; in either case , he must he willfully and maliciously breaks his contract of
persuade and assist the parties to reach a settlement employment, i.e. , terminates the employment with
between themselves. If the parties reach agreement out giving notice to his employer, knowing that the
as a result of his conciliatory effort, the Industrial probable consequences of his so doing, either alone
Relations Officer will then assist the parties in or in combination with others, would endanger life or
reducing the agreement to writing , to avoid later the efficient operation of any public health service,
misunderstanding. If the Industrial Relations cause serious bodily injury, or expose valuable
Officer fails to bring about a settlement through property to destruction or serious damage. More
conciliation, he will normally encourage the parties over , any person , according to section 10 of the
concerned to resort to arbitration , and report the Trade Disputes Ordinance of 1949 , who instigates, or
situation to his superior officer . If the parties incites others to take part in , such acts is liable to
agree to arbitration , the dispute will then be dealt heavy penalties, and , according to section 11 , persons
with under the Industrial Courts Ordinance of who give financial aid to illegal strikes are also liable
1948 by reference to the standing Industrial Court, to penalties.
or to a single arbitrator , or to a Board of Arbitration,
according to the wishes of the parties. The Ministry 34 The Trade Disputes Ordinance of 1949, section 2 , contains a detailed
of Labour performs certain administrative duties in list specifying what are deemed to be public utilities and includes railways,
connection with the operation of the arbitration postal, telegraph and telephone services, power, light or water supply,
hospitals, sanitoriums and systems of public sanitation , fire services, trans
port, ferries, the storage, transport and supply of petroleum and petroleum
products and any industry, government undertaking, or service which the
33 In addition to the National Whitley Councils for employees in divisions Minister for Labour may declare to be a public utility service if he is
I-IV, and for industrial and manual personnel, other Whitley Councils satisfied that public emergency or the public interest so requires. In the
include a Police Council , a National Joint Council of Teachers, and a latter case , the period during which such a declaration is in force may be
number of departmentwide Whitley Councils. extended .
49
According to section 4 of the Trade Disputes and immunity as Judges of the High Court, but the
Ordinance of 1949, picketing is allowed , provided it court is not bound by court formality or the rules of
is used merely for the purpose of peacefully persuad evidence . Ordinarily , the parties are not allowed to
ing or inducing any person to work or abstain from be represented by advocates or solicitors, but
work . However , it is an offense for pickets to be in represent themselves or select industrial relations
such numbers or to behave in such a way as to officers for that purpose . This is to maintain
intimidate any person, obstruct the approach to a informality and keep down the costs of representa
place of business, or disturb the peace . tion .
Statistical data on strikes in mainland Malaysia Under the provisions of the Industrial Relations
from 1957 through August 1964 are given in table Ordinance of 1960, awards are usually made for
19. During the first 8 months of 1964 , there were 56 periods ranging from 18 months to 3 years . An
strikes involving 220,545 workers and resulting in a award is binding on all parties to the dispute, and
loss of 464,715 man -days. The majority of the may be extended to others at the request of the
disputes were over wages, conditions of employment Minister for Labour on the recommendation of the
and dismissals , and union recognition. The greatest Industrial Arbitration Court . Subject to the provi
number of strikes occur in the rubber-producing sions of the Ordinance, awards are final; they are not
areas. Usually these strikes break out over minor subject to challenge or appeal in any court, or to
matters and are of short duration . The majority of certiorari, prohibition , mandamus, or injunction.
strikes in most industries are settled by direct The Industrial Arbitration Court may take evidence
negotiations between the parties or through con on oath or affirmation ; summon witnesses and com
ciliation by a third party . pel the production of written and other forms of
evidence ; conduct any part of its proceedings in
TABLE 19. MAINLAND MALAYSIA : STRIKES , NUMBERS
OF WORKERS INVOLVED, AND MAN-DAYS LOST, 1957-63
private ; inspect premises ; refer a matter to an
expert and accept his report as evidence ; and dismiss
Year Number
of strikes
Workers
involved
Man-days
lost
a trade dispute, or any part of a trade dispute , if it
appears trivial, or that further proceedings are not
1957 .
1958 .
113
69
14,067
9,467
218,962
59 , 211
desirable in the public interest (Pt . VI , Procedure
1959 .
1960 .
39
37
6,946 38,523 and Power of the Court, sec. 57) . Breaches of
4,596 41,947
1961 .
1962
58
95
9,045
232 , 912
59 , 730
1 449,856
awards are punishable by fines listed in the Ordi
1963 . 72 17 ,, 232 305,168 nance. The court has the power to order compliance
1964 (January - August ). 56 220,545 464 , 715
with an award proven to have been broken , and to
1 Does not include 8,864 man-days lost for strikes commencing in 1961 enjoin a trade union or person from committing or
and continuing into 1962.
SOURCE: Malaysia, Ministry of Labour, Kuala Lumpur, October 1964 ;
continuing a contravention of any provision of the
and Monthly Report of the Ministry of Labour, August 1964, p. 25. Ordinance . The court has the same power as the
High Court to punish, as contempt of court, a
The basic rules governing industrial relations in failure to comply with a court order.
Singapore are contained in the Industrial Relations The Trade Disputes Ordinance of 1941 , as
Ordinance of 1960. This law stresses collective amended, defines a dispute as “ .. any dispute
.
bargaining, but it creates an Industrial Arbitration between employers and workmen or between work
Court to arbitrate at the joint request of the parties men and workmen, or between employers and em
or when the situation appears to demand such action ployers which is connected with the employment or
in the public interest . The Minister for.Labour may nonemployment, or the terms of employment or the
direct that a trade dispute be submitted to arbitra conditions of labour, of any person.” The Industrial
tion, or the Yang di-Pertuan Negara (Chief of State) Relations Ordinance of 1960 defines a dispute as
may declare, by proclamation , that because of .
a dispute (including a threatened , impending
special circumstances it is essential in the public or probable dispute) as to industrial matters," and
interest that the dispute be submitted to arbitration. industrial matters are defined as “ ... matters per
The Industrial Arbitration Court consists of a taining to the relations of employers and employees
president , appointed by the Yang di-Pertuan which are connected with the employment or non
Negara, and two members selected by and from employment or the terms of employment or the
employer and employee panels , respectively. The conditions of work of any person.” No distinction
president is not required to be a judge ; and the is made between various types of disputes. How
members have the same rights, privileges, protection , ever, under the Labour Ordinance of 1955, the Shop
50
Assistants' Employment Ordinance of 1957, and the the other party with a view to persuading it to
Clerks' Employment Ordinance of 1957, the Com accept such invitation. If the employer's refusal to
missioner for Labour, through Labour Courts (two accept an invitation to negotiate is due to his belief
Assistant Commissioners for Labour sit as Labour that the majority of the persons employed by him
Courts as authorized by the Labour Ordinance of are not members of the trade union, the Commis
1955, the Shop Assistants' Employment Ordinance sioner for Labour may submit the question of union
of 1957, and the Clerks' Employment Ordinance of membership to a vote by secret ballot.
1957) has the power to give decisions in labor However, if the employer or trade union refuses to
management disputes that arise from any terms in
the contract of employment. The cases heard by
negotiate for any reason except membership , the
Commissioner for Labour notifies the Minister, and
the Labour Courts are claims alleging violation of also, unless the Minister directs otherwise, the
the labor ordinances with respect to : Payment of Registrar of the Industrial Arbitration Court, of the
wages, holiday pay, maternity allowances, overtime existence of a trade dispute. If the Minister con
pay, and pay for dismissal without notice. siders that the trade dispute may be settled by
Jurisdiction of the Labour Courts rests not only on conciliation, he may direct a person , whether con
the existence of an employer- employee relationship, nected with the trade dispute or not, to attend a
but also on the statutory definitions of " workmen ,” conference presided over by himself or such other
" shop assistant," " clerks,” and “ industrial clerk .” person as he selects.
In employer-employee disputes outside the Labour
Courts' jurisdiction (for example, in the Labour If, after the expiration of 14 days from the date of
Ordinance) , the Labour Courts offer their services the service of a notice to negotiate, no collective
as arbitrators if the parties consent. Labour Court agreement has been reached between the parties,
decisions are appealable to the Singapore High either the trade union or the employer must notify
Court; Labour Court orders are enforceable in the the Commissioner for Labour. On receipt of this
Civil District Courts. notification, and if the Commissioner believes it
Disputes over trade union recognition, and acts of unlikely that conciliation will assist the parties to
antiunion discrimination or membership victimiza reach agreement, he notifies the Minister, and,
tion, fall under the provisions of the Industrial unless the Minister otherwise directs, also the
Relations Ordinance of 1960. Section 18 (3) Registrar of the Industrial Arbitration Court, that a
provides for the settlement of disputes over trade trade dispute exists; or, if the Commissioner believes
union recognition by secret ballot of the employed conciliation will assist the parties to reach agree
personnel. Section 76 provides that employers ment, he may direct a Conciliation Officer to consult
shall not discriminate against members of trade with the employer and the union concerned with
unions. Sections 77 and 78 provide that an employee that end in view . If after 7 days of such consulta
and an employer, respectively, shall not be “ injured” tion the Commissioner considers that negotiations
on account of industrial action . are unlikely to lead to a Collective Agreement, he
The methods of dispute settlement are set out in notifies the Minister and also, unless the Minister
Part III (secs. 16 to 26) and Part IV (secs. 28 to 32) otherwise directs, the Registrar of the Industrial
of the Industrial Relations Ordinance of 1960, in Arbitration Court, that a trade dispute exists. If
three steps, as follows: (1) Direct negotiations be the Minister considers that the dispute may be
tween a trade union and employer; (2) conciliation ; settled by further conciliation, he may direct a
and (3) arbitration . person, whether engaged in or connected with the
In direct negotiations, a union or employer may trade dispute or not, to attend a conference presided
serve notice on the other setting out proposals for a over by himself or such other person as he directs.
collective agreement and inviting the party to The third method is through arbitration by the
negotiate with a view to arriving at a collective Industrial Arbitration Court . Referral to the
agreement. If, within 7 days of the service of this Industrial Arbitration Court may be made in one
notice, the invitation is accepted, then the parties of three ways, as follows: (1) The parties to the
negotiate directly. dispute may make a joint request in writing to the
If the invitation to negotiate directly is not ac Registrar of the Industrial Arbitration Court that
cepted by the other party within 7 days of a notice the trade dispute be submitted to arbitration; (2)
thereof, the aggrieved party may notify the Com the Minister may, by an official notice, direct that
missioner for Labour, who is required to consult with the trade dispute be submitted to arbitration ; or
51
(3) the Yang di-Pertuan Negara may, by proclama accompanied by the shop steward, union officers
tion, declare that by reason of special circumstances interview the manager . If he declines to reverse
1
it is essential in the public interest that a trade the decision the union has several recourses. It
dispute be submitted to arbitration . The procedure can drop the matter, it can threaten to strike if the
for arbitration is similar to that followed in concilia company will not reinstall the discharged employees ,
tion. Submission to arbitration is a last resort when or it can invoke the collective bargaining , concilia
direct negotiations, and conciliation by the Ministry tion, and compulsory arbitration procedures of the
of Labour, have failed to settle the dispute , and Industrial Relations Ordinance of 1960 .
even then, every encouragement is given to the The statutory provisions on strikes, lockouts,
parties to refer their dispute jointly to the Industrial and unlawful conduct in connection with industrial
Arbitration Court. If they fail to do so, the Minister disputes, are embodied in the Trade Disputes
refers the dispute to arbitration under section 28 (b) Ordinance of 1941 , as amended in 1960 and the
of the Industrial Relations Ordinance of 1960. Criminal Law ( Temporary Provisions) Ordinance
( Arbitration may be used only in disputes between of 1955 as amended in 1959 and August 1964. Under
management and a union. ) the provisions of the former law (sec . 3 of the
The Singapore laws applying to grievances and amended law of 1960) , a strike or lockout is illegal
complaints — i.e., the Labour Ordinance of 1955, the under the following circumstances: ( 1 ) if it has any
Clerks' Employment Ordinance of 1955, the Shop object other than furtherance of a trade dispute
Assistants' Employment Ordinance of 1957, the within the trade or industry in which the strikers or
Industrial Relations Ordinance of 1960, and the employers locking out are engaged ; (2) if it is in
Trade Disputes Ordinance of 1941-apply only to furtherance of a trade dispute of which the Industrial
intercompany grievance procedures. Arbitration Court has cognizance ; and (3) if it is
Intracompany grievance procedures differ accord designed to coerce the government either directly
ing to the establishment. In Singapore, most of
or by inflicting hardship on the community. The
the industrial establishments employ fewer than 20 Criminal Law Ordinance, Part V, imposes certain
persons. In the small firms, grievance procedures restrictions on strikes and lockouts by workmen
are informal; usually the complainant seeks redress
by approaching directly the towkay (boss) who owns
and employers employed and engaged in any
essential service . Essential services are : Water,
or manages the enterprise ; if not satisfied , he can
gas, electricity, public health, fire department;
ask his union to intercede, request the Labour prison, and postal services; telephone, telegraph , and
Department to conciliate, or in some instances port , dock, and harbor services and undertakings;
proceed to the Labour Court . In the larger enter and services dealing with bulk distribution of fuel
prises, grievance procedures are not uniform, but and lubricants .
generally they resemble practices in the United
States . The restrictions imposed on strikes or lockouts,
A hypothetical example of grievance procedure in under section 23 of the Criminal Law ( Temporary
Singapore might assume that a manufacturer Provisions) Ordinance of 1955 as amended , are as
employing 200 workers decides to dismiss 5 workers. follows : ( 1) Both employer and workmen 35 shall
After receiving their dismissal notices, the workers give at least 6 weeks' notice to each other before a
first approach their immediate supervisor, usually a lockout or strike ; (2) neither employer nor workmen
foreman, who informs them that the decision is shall lock out or strike within 14 days of giving such
unalterable . The workers then consult the union notice ; (3) neither employer nor workmen shall
shop steward or branch secretary, who accompanies lock out or strike before the date specified in the
them to interview the foreman again. If the dis notice of lockout or strike; and (4) neither employer
missals still stand, the foreman and the shop steward nor workmen shall lock out or strike while any
together consult the personnel officer (in some cases conciliation proceedings instituted by the Com
accompanied by the workers concerned) , and if the missioner or the Minister under the Industrial
Relations Ordinance of 1960 are pending.
issue remains unsolved, the foreman , shop steward,
and personnel officer present the matter to the
company's top executive, usually either a branch 35 Workman here means any person who has entered into or works under
a contract with an employer, whether the contract be for manual labor,
manager or a district manager. If the manager is
If the clerical work , or otherwise, be expressed or implied, oral or in writing, and
unwilling to reconsider the dismissals, the shop whether it be a contract of service or of apprenticeship or a contract per
sonally to execute any work, and includes a workman discharged during that
steward then submits the case to the union, and, dispute .
52
The statutory provisions concerning offenses in Under the provisions of the Trade Disputes Ordi
connection with industrial disputes are contained in nance of 1948 (sec . 10) , the Commissioner may : (1)
Singapore's Trade Disputes Ordinance, sections 3B, Inquire into the causes and circumstances of the
3C , 3D, 3E , 4, and 5. Section 5 concerns picketing, dispute ; (2) take such steps as may seem expedient
which is unlawful if it is done with a view to : ( 1 ) for the purpose of enabling the parties to the dispute
Intimidating any person in a home or place of work ; to meet jointly, by themselves or through their
(2) obstructing the approach thereto or egress representatives, under the presidency of a chairman
therefrom ; or (3) committing a breach of the peace . mutually agreed upon or nominated by him or by
Section 6 stipulates that any person who willingly some person or body, with a view to the amicable
and maliciously breaks a contract of employment or settlement of a dispute; and (3) on the application of
of hiring with a view to endangering human life, employers or workmen concerned , and after taking
causing serious bodily injury, or exposing valuable into consideration the existence and adequacy of the
property, real or personal, to destruction or serious means available for conciliation and the circum
injury, commits an offense punishable by imprison stances of the case , appoint a conciliator. The
ment up to 3 months, or a fine up to M$500 (US conciliator inquires into the cause and circumstances
$ 165) , or both . The Criminal Law (Temporary of the dispute and , by negotiation with the parties,
Provisions) Ordinance of 1955, as amended , which tries to bring about a settlement. He is required to
relates in part to essential services , also contains report his progress to the Commissioner for Labour.
penalties for illegal strikes or lockouts, specifically If a settlement is reached , the conciliator must send
in sections 26, 27, and 28 . a memorandum of the terms, signed by both parties,
In 1963, a total of 967 disputes involving 24,147 to the Commissioner for Labour who in turn reports
the matter to the Governor of Sarawak .
employees or workers occurred in Singapore. The
principal causes of the stoppages were claims for Under the provisions of section 11 of the Trade
dismissal, retrenchment, and severance pay , wage Disputes Ordinance of 1948 , as amended , any trade
increase, union recognition , and fringe benefits. dispute may be reported to the Governor by or on
Most of the disputes were settled quickly. behalf of either of the parties to the dispute, and the
Governor can take such steps as seem to him
In Sarawak, the statutory provisions for the expedient for promoting a settlement thereof; if
prevention and settlement of disputes are contained conciliation has not been attempted, the Governor
in the Trade Disputes Ordinance of 1948, and the may refer such trade disputes to the Commissioner
Essential Services Arbitration Ordinance of 1958 .
for Labour for the purpose . Under the provisions
The Trade Disputes Ordinance of 1948 (sec . 2) , of section 12 of the same law, the Governor may refer
defines a trade dispute as any dispute between
employers and workers , or between workers and
the dispute, with the consent of both parties and
after any existing arrangements provided in col
workers , connected with the employment or non lective agreements have been exhausted, to an
employment , or with the terms of employment, or arbitration tribunal appointed by him. The tribunal
with the conditions of work of any person .”
shall be constituted of either a sole arbitrator agreed
Grievance procedures in Sarawak are usually in upon by both parties to the dispute , or by an
formal except where collective agreements exist ; arbitrator , agreed upon by both parties, assisted by
usually the complainant seeks redress (within 3 days) one or more assessors nominated by or on behalf of
by approaching his superior. If not satisfied, the the workers concerned . Only the arbitrator can
complainant may ask his union to intercede . The make and issue an award (sec . 12 (2) (b) ) , which
branch committee decides whether the matter can be shall be submitted to the Governor for authentica
dealt with at the branch level (usually minor tion and publication. Questions arising on the
matters) or whether it should be referred to the interpretation of any award will be resolved by the
union's executive council (usually major problems) . arbitration tribunal . The decision of the tribunal on
The union then presents the complaint in writing to questions of interpretation are deemed to form part
the employer or manager , generally within 3 to 10 of , and have the same effect as, the original award.
days after receipt of the complaint ; the employer or Until the merger of Sarawak with Malaysia, there
manager normally gives his decision within 10 work was no appeal from the arbitrator's decision and the
ing days . If the union is not satisfied with this award was final and binding on both parties.
decision, it can refer the complaint to Sarawak's However, since the merger in September 1963,
Commissioner for Labour . appeals can be made to the Industrial Court in
53
Kuala Lumpur ; this is the final step and no other appeal has been made. Strikes or lockouts and
recourse is available. No appeals have been made to picketing are also permitted under the provisions of
Kuala Lumpur as of this writing (April 1965) . both ordinances, provided they are peaceful. For
Strikes and lockouts (peaceful) and peaceful the most part, industrial relations in Sabah, as in
picketing are permitted in Sarawak under the Sarawak , have been maintained by means of close
provisions of the Trade Disputes Ordinance of 1948 personal contact between employers or managers and
(secs. 5 and 9 , respectively ). The executive council their employees or workers individually, or through
of the union makes all decisions on cessation of work, consultative committees at individual places of
but only after two-thirds of the members affected employment.
have voted by secret ballot in favor of the proposed
action . Lockouts and strikes are also permitted in There were a number of work stoppages in 1963 in
“ essential services” (air, electricity, fire, gas, health Sabah but only one of any significance. The
and hospital services, port and harbor services dispute arose out of the dismissal of a salesman by a
commercial firm which had branches throughout
including stevedoring and cargo handling on the
wharf, sanitary, and water services) , but they are Sabah. The strike lasted for 1 month, and a final
subject to certain restrictions according to the settlement was reached through arbitration . This
was the first strike attributable to trade union
provisions of the Essential Services Arbitration
Ordinance of 1958 . activity.
The restrictions on lockouts and strikes in Sarawak Industrial relations involving government em
under the Essential Services Arbitration Ordinance ployees are handled in both Sarawak and Sabah by
(sec . 15) are as follows : ( 1) The dispute must have Whitley Councils, similar to those in mainland
been reported to the Chief Secretary ; (2) 21 days Malaysia .
must have elapsed since the date of the report ; and
(3) the dispute must not, during the 21 days, have Relations in Nonunion Enterprises
been referred by the Chief Secretary for settlement,
either through any existing arrangement for settle The normal practice in the settlement of griev
ment of disputes contained in collective agreements, ances, complaints, or disputes in nonunion enter
or through an arbitration tribunal consisting of five prises throughout Malaysia is for the employee or
members appointed by the Governor, of whom one worker to try to obtain redress from his foreman or
shall be chosen to represent employees and one to employer directly. When the statutory provisions
represent workers. Penalties for premature strike or of the various labor laws on labor standards and
lockout in essential services are contained in sections working conditions are violated, the worker can
16 and 17 of the Essential Services Arbitration file a complaint with the government labor agencies,
Ordinance of 1958. which will conduct an investigation and attempt to
The annual report of the Department of Labour , resolve the problem. For example, in peninsular
Sarawak, which covers the period September 1962– Malaysia, many individual disputes are dealt with
December 1963 , shows that there were no trade by the labor courts under the procedure of the
disputes during that period . Employment Ordinance of 1955 (secs. 69–75) . The
The prevention and settlement of disputes in procedure includes filing a written complaint on
Sabah is similar to that in Sarawak . The statutory money matters arising out of the terms of an employ
provisions concerning disputes are contained in the ment contract with the Commissioner for Labour,
Trade Unions and Trade Disputes Ordinance of 1947 who makes an inquiry and subsequently, if war
as amended (secs. 26, 27, 28 , 31 , 33, 34, 39, and 41) . ranted, issues an order enforceable by the Sessions
In the case of workers in essential services , i.e. , Court in the area of jurisdiction. The Commissioner
electricity services, fire, health, hospital, sanitary , for Labour can submit any question of law, arising
and water services, the procedure for handling from the proceedings, for decision by a judge of the
disputes is contained in the Essential Services High Court . An appeal from such a decision goes
Arbitration Ordinance of 1959 which is similar to the to the Court of Appeal. Even under the Rump
ordinance on essential services in Sarawak . Final Labour Code, complaints arising out of an employ
appeals after arbitration can be made to the Indus ment agreement can be made to the Commissioner
trial Court in Kuala Lumpur. Thus far, no such for Labour in peninsular Malaysia.
54
PART IV. CONDITIONS OF EMPLOYMENT
56
the workmen's compensation laws of mainland tion with employment exchanges is voluntary, and
Malaysia and Singapore. their services are free to both employer and job
seeker. There has been a steady increase in the
Under the provisions of Sabah's Wages Councils
Ordinance of 1960, employers to whom a wages number of persons registered as available for jobs
regulation order applies 37 must keep and retain for as well as in the number placed in employment, as
follows:
3 years records concerning wages and wage rates.
Number Number placed
Moreover, employers are required to post in a registered in employment
conspicuous place all notices of wages regulation 1959... 24,303 7,215
-
proposals or wages regulation orders affecting the 1960 ... 30,074 12,948
workers in their employment (sec. 11 ) . 1961 .- 47,331 16,194
1962 .. 55,990 16,940
Apart from the statutory requirements on records SOURCE: Ministry of Labour, Kuala Lumpur, 1964, and Malaysia
and reports, employers generally post in a con Yearbook , 1963-64, Straits Times Press (Malaya ), Ltd. 1964 , p. 207.
spicuous place a copy of working rules listing offenses
subject to disciplinary action. As of August 1964, there were 87,620 persons,
including 39,441 young people under 21 years of age,
registered with the employment exchanges through
Preemployment Inquiries out mainland Malaysia (these figures comprise
unemployed , the partially employed, and those in
Employers in Malaysia verify education, exper employment seeking changes of occupation ). At the
ience , and other qualifications of applicants for same time ( August 1964) , the employment exchanges
employment by directing inquiries to school head helped employers fill 1,431 job vacancies. Most of the
masters, to former employers and supervisors, and job-seekers registered at the employment exchanges
to persons listed as references by the applicants ; they are unskilled, with minimal educational qualifica
may conduct tests to determine the applicant's tions, and seek jobs as manual workers.
degree of skill, especially in such occupations as
typing and shorthand. Usually, for a nominal fee, The mainland Malaysia employment exchanges
employers can obtain police reports of previous also assist former servicemen in job placement,
offenses, known society (fraternal) affiliations, and especially for such occupations as guards, truck
sometimes Communist activities. As a rule , em
drivers, hospital attendants, manual work, and
ployers seldom request police investigations . Lim
ited information is sometimes available from a watchmen ; such jobs are given usually on a prefer
ential basis to veterans.
government employment exchange if an applicant
has been registered there. Other than through the Mainland Malaysia also has a youth employment
police and the existing government employment
service whose main object is to provide vocational
exchanges, government agencies can provide little
guidance to school leavers and assist them in finding
background information about applicants for em employment which would provide the best oppor
ployment.
tunities for the development of their interests and
capabilities.
Hiring
Mainland Malaysia's Employment Ordinance of
Mainland Malaysia's hiring is done partly through 1955, as amended, is the only legislation regulating
a series of government employment exchanges 38 the employment of “ labourers” under an employ
and partly through less formal channels . Registra ment contract. “ Labourer ” according to section 2
and schedule 1 of this Ordinance means :
37 The Wages Councils Ordinance of 1960 enables wages councils to be
established where necessary for industries in which no adequate machinery
exists for the regulation of wage rates. It also empowers the governor to 1. Any person skilled or unskilled, other than a domestic
issue wages regulation orders for the purpose of giving effect to the pro servant or person employed in any vessel as defined in section
posals of such councils.
2 of the Merchant Shipping Ordinance of 1952, who has
38 Government employment exchanges are located at the following entered into a contract of service with an employer in pur
places : Alor Star, Butterworth , Ipoh, Johore Bahru, Kluang, Kota Bharu , suance of which he is engaged in manual labour, including any
Kuala Lumpur, Kuantan , Kulim, Malacca, Muar, Penang, Petaling Jaya, artisan or apprentice.
Port Swettenham, Rawang, Seremban, Sungei Patani, Taiping, Tapah ,
and Teluk Anson . In addition, limited government employment exchange
facilities exist at Bentong, Kuala Pilah , Kuala Trengganu , Raub, Segamat, 2. Any person who has entered into a contract of service
and Sitiawan . with an employer in pursuance of which he is engaged in the
57
operation or maintenance of any mechanically propelled sometimes known as “ self-employed contractors”
vehicle operated for the transport of passengers or goods or for or “ co -adventurers,” and occasionally they in turn
reward or for commercial purposes, including a conductor
and an attendant but excluding an inspector or a member of employ a few unskilled laborers on daily rates. In
the clerical staff. this contract system , the employer or mine owner
3. Any person who has entered into a contract of service pays to the headman or representative of these
with an employer in pursuance of which he supervises or workers an agreed price for every pikul ( 133.3
oversees any other labourers employed by the same employer pounds) of ore produced. To help the workers to
in and throughout the performance of their labour. purchase food and other provisions, the employer
The main items covered by the Employment or mine owner gives the self-employed contractors or
Ordinance of 1955 are : employment contract ; co - adventurers advances at regular intervals, which
termination of contracts; payment of wages; de are deducted when accounts are settled monthly
ductions from wages ; priority of wages ; liability of and payments are made. The workers then distrib
principals and contractors for wages ; employment ute the balance among themselves according to the
of women, maternity protection and maternity time and amount of work performed by each, paying
allowances ; days and hours of work ; registers, the unskilled laborers their full wages according to
reports and notice boards ; inspections ; complaints the agreed rates. Normally, the mine owner also
and inquiries ; and procedure. Mainland Malaysia directly employs other workers, such as engine
has no written law to regulate the employment of drivers and supervisory staff, who are all paid on a
workers who are not covered by the provisions of the monthly basis.
Employment Ordinance of 1955. The direct hire method is probably most widely
The employment of other than manual workers is used in mainland Malaysia. An employer needing
regulated by common law usage or by the terms of additional workers usually lets the fact be known
their employment contract . to his existing work force. The information is
Apart from the provisions of the Employment quickly passed on to relatives and friends, with the
Ordinance of 1955, and common law usage on the result that a sufficient number of applicants are
employment of other than manual workers, mainland usually available for most job openings. Enter
Malaysia does have (according to Ministry of Labour prises in need of professional or skilled workers, how
officials) two systems of employment applicable ever, advertise in newspapers, and contact trade
chiefly to workers in tin-mining, sawmilling, building, union offices. Also, personnel officers visit the
construction, and rubberpacking factories. The university and trade schools in search of needed
more common system is for employers to delegate talent, and conduct interviews with prospective
authority to " headmen” (kepalas) , who hire the personnel for specialized fields.
required number of employees or dismiss them when Foreign persons entering Malaysia as contract
necessary, pay wages, keep accounts, etc. , and thus employees of the National Government, or with
save the employers the necessity of day-to -day approved private firms, are required to obtain
close supervision. These workers have an employ employment passes from the Controller of Immigra
ment contract with their respective kepalas who are , tion after arrival. The employment pass is valid
in fact , employers, and thus responsible for paying usually for the duration of the employment contract.
wages, contributions to the Employees' Provident In Singapore, the statutory provisions concerning
Fund, and Workmen's Compensation in case of the contract of employment, including those covering
accidents under certain circumstances. If they fail termination of employment, are embodied in the
in these obligations, the workers can seek relief from Labour Ordinance of 1955, the Shop Assistants'
the principals . Employment Ordinance of 1957, and the Clerks'
The second is the Pok Chau system , which is Employment Ordinance of 1957. These three
prevalent only in the Chinese sector of the tin ordinances apply to all employment agreements,
mining industry. " Pok Chau ” is a Chinese expres written or verbal, and violations by employers are
sion ; the meaning of the word “ Pok” is “ to gamble.” subject to penalties. The provisions are similar in
Under this system, a worker's definite wage or the three ordinances ; they cover terms of employ
earnings for actual work done is not assured because ment contracts, termination of contract, notice of
of the element of risk associated with the enterprise. termination of contract, termination of contract
As an illustration, if the workers struck a rich vein without notice, limitation of contract period, dis
or good deposits of tin ore, their remuneration would missal without notice on grounds of misconduct,
be high. The workers employed on this system are liability on breach of contract by either party; and
58
the stipulation that the contract may not restrict In Singapore, hiring of (1) artists, musicians, and
the rights of employed personnel to join, participate entertainers; (2) specialized, professional, and scien
in, or organize tradę unions . These three statutes tific personnel; and (3) secretarial and clerical person
further provide that a contract for an unspecified nel is conducted through private employment
period shall be deemed to run until terminated by agencies, which are regulated according to the pro
either party in accordance with provisions in the visions of the Employment Agency Ordinance of
statutes . 1958. A license from the Commissioner for Labour
Singapore has no statutes covering work rules : is required for the operation of an employment
however, some large employers such as the govern agency .
ment, and quasi-governmental agencies, have staff Executive and professional vacancies are some
regulations which are implicit in the contract. times advertised in local newspapers and magazines
Singapore, like mainland Malaysia, has an Em and most large firms maintain direct contact with
ployment Exchange Service which operates on a the University of Singapore in their search for top
free and voluntary basis.39 It keeps a record on talent. Many foreign firms recruit foreign executives
file of each applicant's background experience as in their home countries and their Asian executives
provided by him. No testing services are provided ; from university students who have studied in
however, the Employment Exchange Service has Malaysia and abroad . Hiring of nonexecutives and
assisted employers in arranging for applicants to the general work force is carried on through unions
take examinations. Applicants registering at the and by informing the current work force of vacancies.
Singapore employment exchanges include not only In most instances, Singapore employers require
those who have no job , but also casual, part-time, medical examinations at company expense , because,
and full-time workers, who apply in the hope of according to a number of management officials, it is
obtaining better employment. Since 1956, roughly “ extremely difficult to dismiss workers once they are
17,000 new applicants have registered at the em hired . ” Usually, employees and workers are hired
ployment exchanges each year. The number of on a conditional basis for 3 months, and , depending
applicants on the employment exchange registers on their performance, are given permanent status
for the past several years (December figures unless after the probationary period .
otherwise noted) was as follows : The statutory provisions relating to employment
Number of
registrants contracts in Sarawak are contained in the Labour
1956 ... 7,842
1957
Ordinance of 1952. The provisions of this Ordinance
8,091
cover: (1) Termination of agreement by notice; (2)
1
1959. 48,076
1960 54,669 party ; (3) dismissal without notice ; (4) cancellation
1961 - 54,085 of the employment agreement by the Commissioner
1962 ... 44,673 for Labour ; (5) attestation of contracts by the Com
1963 ... 42,777
1964 (August) . 46,843 missioner for Labour ; (6) medical examination of
SOURCE : Singapore, Department of Labour, Annual Report of the Labour
workers required of the employer at his own expense;
Department, 1961 , table XXI, p. 116 ; and Monthly Reports of the Labour (7) maximum duration of contracts; (8) apprentice
Department for December 1963, January 1964, and August 1964 . ship contracts; and (9) recruiting of indigenous
The majority are young persons in the 14- to 30 workers.
year age group , largely unskilled workers with
Sarawak has no employment exchanges, either
minimal academic qualifications. The employment government or private. However, according to the
exchanges place about 3,000 in vacancies each year, provisions of the Labour Ordinance of 1952, (Pt.
while many more are removed from the active
III , ch . VIII , secs. 45–55 ), individuals may recruit
register each year upon securing employment by workers, provided they have or obtain a license from
other means. Many applicants cannot be located the Commissioner for Labour; this license is valid
by the employment exchanges for job referrals. for 1 year and can be renewed for an additional year,
The Singapore employment exchanges also render but the Commissioner for Labour can cancel it for
employment assistance to disabled persons, provided failure to comply with the above sections of the
they are found medically fit for employment .
Labour Ordinance . Generally, recruiting of workers
39 There are two exchanges in operation (April 1965) ; the main exchange, is on an informal basis. The employer apprises his
established in 1946, is on Havelock Road, and a branch exchange, opened
in 1954 , is in Bukit Panjang village. work force of vacancies; he may also advertise in
59
newspapers or magazines, or notify unions of termination of employment contracts or dismissals.
vacancies. Some variations are evident in these laws .
Section 119 of the Labour Ordinance of 1952 In peninsular Malaysia, according to the Employ
prohibits the employment of immigrant workers ment Ordinance of 1955 , all employment contracts
without prior approval , in writing, from the Com must contain a clause stating how the contract may
missioner for Labour ; recruitment of immigrant be terminated by either party. Contracts for a
workers is restricted to those who possess skills not definite period or for the performance of specified
available among the local workers. work terminate when the period or work is com
The statutory provisions relating to the contract pleted . A contract for an unspecified period con
of employment in Sabah are contained in the Labour tinues in force until terminated by either party
Ordinance of 1948 , as amended , and are similar to giving advance notice, orally or in writing, of at
those contained in Sarawak's Labour Ordinance of least 1 month including the day the notice is given.
1952 . In either type of contract, the notice period is
extended when a collective agreement provides for a
Sabah's Department of Labour and Welfare
longer notice period ; in such a case, 6 months is the
operates at least three employment exchanges, at maximum notice period . Contracts may also be
Jesselton , Sandakan , and Tawau. Prior to Septem terminated by either party without notice or before
ber 1963, these employment exchanges were used the notice period ends if either party pays to the other
principally in placing Indonesian and Filipino im
an indemnity equal to the amount of wages which
migrant workers in the agricultural and lumber would have been earned by the “ labourer” during the
industry . Since September 1963 , they have been notice period or during the period from the date of
used increasingly by local workers seeking agricul termination of the contract to the expiry of the
tural jobs and domestic service and also by school
leavers. However, the number of people using the notice period . Contracts can also be terminated by
either party for special reasons . For example , an
employment exchange is still quite small. Hiring employer can terminate an employment contract
is usually on an informal basis and follows a pattern
similar to that in Sarawak. without notice on grounds of misconduct, or if the
worker is absent for more than 1 day without leave
The recruitment of immigrant workers in Sabah is or an acceptable excuse. A worker may terminate
governed by section 118 of the Labour Ordinance of his contract without notice on the grounds of ill
1948 , and is subject to the same restrictions as in treatment by his employer or if he is exposed to the
Sarawak risk of disease or injury which he did not by his
On a Malaysia -wide basis , according to labor contract undertake to incur.
leaders and wage and salary earners, there is evidence Peninsular Malaysia has no statutory provisions
of nepotism, not so much by influence in job place concerning severance pay. However, a number of
ment as by advance information to relatives about peninsular Malaysian collective bargaining agree
job openings. Favoritism in hiring may extend not ments contain provisions covering reduction in
only through family, including relatives, but also force because of decreased production or business
through race, clan, village of origin, state of origin, activity. Usually, the employer informs the union of
and dialect group. Although this practice has some the names, categories, and grades of employees to be
advantages for the employer (since a supervisor laid off not later than 2 months prior to the layoff
feels responsible for the performance of his relatives date, and the employees are informed by the employ
or friends) , dissension over favoritism may lessen ers at least 1 month prior to their release . The
efficiency, lower morale, and promote friction in collective agreement also contains a provision allow
work relationships. ing an employee to appeal a retrenchment order
through normal grievance procedures. Employees
Notice Periods and Separations covered by such a contract who are terminated
through a reduction in force receive a lump-sum
Peninsular Malaysia's Employment Ordinance of severance benefit established through collective
1955, the Singapore Labour, Clerks' Employment bargaining or determined by the Industrial Court ;
and Shop Assistants' Employment Ordinances of in the latter case, the determination or award of the
1955 , 1957, and 1957, respectively, the Sarawak Court is binding. The lump-sum payment is gen
Labour Ordinances of 1952, and the Sabah Labour erally made only to employees or workers with a
Ordinance of 1948, contain provisions concerning the minimum of 12 months' continuous service and is
60
calculated on the basis of normal pay only, exclusive being specified) when the employer considers a
of overtime earnings, bonus or deferred wage or reduction in force necessary. A clause most often
salary payments, traveling expenses, meal or any incorporated in collective agreements on reduction
other allowances. The collective agreements also in force is " last in, first out” so that the longer the
contain provisions which give preference in any new service, the greater the job security. In some collec
vacancies to employees who have been laid off by tive agreements a supplementary clause “ last out,
reduction in force. first in ” is also found.
In Singapore, as provided in the Labour, Clerks' The statutory provisions on notice periods and
Employment, and Shop Assistants' Employment separations in Sarawak and Sabah are contained in
Ordinances of 1955 , 1957, and 1957, respectively, the Labour Ordinance of 1952 and the Labour Ordi
either the employer or the employee may at any nance of 1948, respectively, and are similar. For
time notify the other party that he intends to ter example, either party to an oral employment agree
minate the contract. The length of the notice period ment for a specified period may terminate the
is the same for both ; if not specified in the contract, agreement on the expiration of a due notice as
it must equal the salary or wage period , or if no agreed, provided that in no case shall it be necessary
such period exists, the notice period must be 1 to give notice exceeding 1 month or, in the case of
month. If the employed person has worked for domestic servants, 14 days. The notice may be
the employer for not less than 7 continuous years, either oral or written and may be given at any time,
then 2 months' notice is obligatory. The notice the day on which notice is given to be included in
must be written and may be delivered at any time, the notice period. Moreover , either party may
the day of delivery being the first day of the notice terminate an agreement without notice upon pay
period. ment to the other party of a sum equal to the amount
Either party may terminate the contract without of wages which would have accrued during the
notice or before the notice period expires ; if so, he notice period . An employer may dismiss a worker
must pay to the other party an amount equal to without notice for the following: (1) Misconduct,
the salary or wage that would have accrued to the whether in the course of his duties or not, inconsist
employed person during the notice period. Either ent with the fulfillment of the express or implied
party, moreover, may terminate the contract upon conditions of the employment agreement; (2) dis
a willful breach by the other of one of its conditions, obedience to lawful orders of the employer ; (3) lack
and the employer may dismiss an employee or of skill which the worker warranted himself to
worker without notice on grounds of misconduct. possess ; (4) habitual or substantial neglect of duties ;
To collect payments in lieu of notice, the employer and (5) absence from work without authorized leave
may deduct from salary or wages, and both parties or a valid excuse. An employment agreement may
have access to the Labour Courts. In practice, also be terminated by the Commissioner for Labour
however, employers (unlike employees) seldom (Sarawak) or Commissioner for Labour and Welfare
institute Labour Court proceedings . (Sabah) if the employed person is subject to ill
Even though Singapore employers comply with usage in person or property, and the Commissioner
the statutory provisions on termination of employ may by such order award the worker compensation .
ment contracts, unions, according to union leaders, Every written employment contract in Sarawak
often demand either reinstatement or severance pay, and Sabah must contain a clause defining the dura
and employers often grant severance pay either to tion of the contract. Such contracts terminate at
prevent or to settle strikes. the end of the specified period ; they terminate at
As in peninsular Malaysia, most collective bar the death of the employer or worker without prej
gaining agreements in Singapore contain provisions udice to any legal claims, such as the right of the
on termination of employment through reduction worker to wages earned, any deferred pay due him,
in force as a separate category and usually specify and any compensation due him in respect of accident
the amount of reduction-in-force benefits (usually or disease . Contracts may also be terminated : ( 1)
one-half month's salary or wage for each year of By mutual consent of the parties thereto ; (2) by
service) . No such benefits are paid probationary either party giving to the other notice of such ter
employees or workers. More important than the mination in accordance with the terms of the con
amount of benefits payable appears to be the inclu tract (the minimum requirements are — where the
sion of a clause requiring consultation with the duration of the contract is for more than 1 month
union and an advance notice (the period generally the notice period must be at least 14 days and may
61
be given only after 1 month's employment, or, language ; (3) fighting or intimidation ; (4) posting or
where the duration of the contract is for 1 month distributing signs, cards, or notices, and soliciting in
ar less, the notice must be at least 7 days) ; and (3) any form without obtaining permission from the
by the Commissioner for Labour and Welfare employer, except for union business ; (5) sleeping
(Sabah) for the same reasons as pertain to oral during working hours ; (6) loitering, or leaving the
agreements. workplace before quitting time ; (7) repeated failure
Most collective bargaining agreements in Sarawak to meet established standards of production; (8)
and Sabah contain provisions on reduction in force ; leaving the assigned work area during working hours,
the practice on retrenchment is similar to that in except under emergency circumstances, without
Singapore. permission of the superior ; (9) intoxication ; ( 10)
refusal to accept company authority; (11) refusal to
Disciplinary Actions perform work assigned by a superior or other
supervisor, provided such assignment is justified in
The statutes governing discipline are peninsular the circumstances; ( 12) refusal or failure to obey
Malaysia's Employment Ordinance of 1955, the safety rules ; (13) carelessness resulting in injury or
Singapore Labour, Clerks' Employment, and Shop property damage ; ( 14) deliberately punching the
Assistants' Employment Ordinances of 1955 , 1957 , time clock for another employee ; ( 15) theft or
and 1957, respectively, and the Sarawak and Sabah dishonesty; (16) willful damage to property of the
Labour Ordinances of 1952 and 1948, respectively. company or of other employees ; ( 17) absence or
Most collective agreements contain general clauses tardiness without notification or valid excuse ; ( 18)
concerning discipline applicable to employees or chronic absenteeism without valid reason ; and ( 19)
workers. Usually, the general clause on discipline chronic loafing.
will contain the following items : Misconduct ,, There is no set procedure for notification of dis
indiscipline, inefficiency, or any breach of the ciplinary action unless a procedure is set forth in a
provisions of the collective agreement, or contraven collective bargaining agreement. The initial notice
tion of any other conditions of employment or rules may be either a verbal reprimand or a warning
and practices of the company. Company work rules letter or both, with notification to the union.
which list offenses subject to disciplinary action are Depending on the gravity of the offense, the initial
usually posted in a conspicuous place, or a copy is step may be suspension or discharge from employ
given to each employee. ment. In the case of suspension , the employer may
Malaysian unions are concerned about disciplinary investigate further whether an employee or worker
actions, although the degree of concern varies, as should receive a more or less stringent penalty, e.g. ,
evidenced in collective agreements. A few collective dismissal with or without notice, or some lesser
agreements list in detail the kinds of offenses subject punishment, including suspension without pay.
to disciplinary action. The list may include some or Usually suspension without pay lasts for 1 week, and
all of the following: ( 1) Gambling, including operation suspension for the purpose of investigation is limited
of pools, raffles, or punch boards; (2) abusive to 2 months with or without pay.
63
Overtime Premium provide for double time for work on Sundays. The
general practice is to pay overtime premiums of
Minimum overtime premiums for overtime work time and a half for overtime on regular work days,
in peninsular Malaysia are limited to shop assist and double time for work on Sundays and public
ants under the provisions of the Wages Regulation holidays .
(Shop Assistants') Order of 1963 as set up under
the Wages Councils Ordinance of 1947 (sec. 12) . Paid Leave
This order stipulates that work in excess of 8 hours
a day shall be paid at one-and-a-quarter times the Apart from paid holidays, and apart from paid
hourly rate (sec . 5) . The Employment Ordinance leave given by the government to public servants,
of 1955 is silent on overtime premiums ; however, the statutory provisions on paid leave for certain
the Employment (Amendment) Act of 1961 (an areas of mainland Malaysia 43 are embodied in the
act to amend the Employment Ordinance of 1955, Wages Regulation (Shop Assistants') Order of 1963 ,
Parts XII, Days and Hours of Work, and XVII, established according to the provisions of the Wages
Offenses and Penalties, specifically sec. 96) which Councils Ordinance of 1947 (sec . 12 ) . Section 7 of
has not yet been declared in force by the Minister the order stipulates that a worker is entitled to 10
for Labour, provides for overtime at one and one days' leave a year on full pay for each completed
half times the normal pay for work on the seventh year of employment (exclusive of the statutory
day, except for shift workers on a 56 -hour week 42 holidays under the Weekly Holidays Ordinance of
who must be paid at least one -and -a -quarter times 1950) . A worker who has not completed a year of
the normal pay for work on the seventh day. employment is entitled to annual leave on full pay
In practice, peninsular Malaysian employers usually in proportion to the number of completed months'
pay time-and -a -half overtime premiums on regular employment, and all annual leave must be granted
working days, including Saturdays . Overtime on by the end of the calendar year. Otherwise, paid
Sundays and public holidays is at double time. leave is a subject for collective bargaining.
Usually, collective bargaining agreements contain Generally, mainland Malaysia's collective bar
detailed provisions on overtime premiums. gaining agreements contain clauses on paid annual
Singapore employers are required by the provi leave. Considerable variation exists in the number
sions of the Labour, Clerks' Employment, and Shop of days provided-i.e. , from 7 days to 1 month
Assistants' Employment Ordinances of 1955 , 1957, when annual leave may be taken, and whether such
and 1957, respectively, to pay time and a half for leave may be accumulated . Usually, annual leave
overtime work, and double time for Sunday or is set at a time mutually satisfactory to employer
another rest day substituted (by mutual consent) and employee. The collective bargaining agree
therefor, and on holidays. ments also specify the maximum time limits (gen
Many of Singapore's collective bargaining agree erally 2 to 4 years) that annual leave may be
ments contain clauses on overtime premiums. Some accumulated . Annual paid leave is usually based
provide for time and a half for work on Saturdays. on length of service .
Generally, the practice is to pay time and a half for Other than mainland Malaysia's Wages Regula
all overtime, and double time for work on Sundays tion (Shop Assistants') Order of 1963 which stipu
and holidays. lates that workers shall be entitled to 15 days' sick
Sarawak's Labour Ordinance of 1952 and Sabah's leave a year on full pay (for those who have not
Labour Ordinance of 1948 contain similar provi completed a full year's employment, sick leave is in
sions. Employers are required to pay time and a proportion to the completed months of service) ,
half for all overtime and for work on Sundays, and there are no statutory provisions concerning paid
double time for all work on holidays. Most of the sick leave.
collective bargaining agreements in Sarawak and
Paid sick leave in mainland Malaysia is a subject
Sabah contain provisions which meet or exceed the
minimum statutory requirements; for example, some for collective bargaining, and most collective agree
ments contain provisions on sick leave, with con
42 The Employment Ordinance provides that no laborer (worker) may be siderable variation. For example, some collective
compelled to work for more than 6 days in any week or for an aggregate
of more than 48 hours over the same period. The same applies to shift
workers, but they may be required to work a 56-hour week ; however, if 43 The towns of Seremban, Johore Bahru, Kota Bharu, Alor Star,
during the week following a proportionate reduction in work is mandatory Juantan, the city of Georgetown, the municipalities of Malacca and Ipoh,
to bring the average down to 48 hours (Pt. XII, sec . 59 (4) ) . and the Federal Capital of Kuala Lumpur .
64
agreements provide up to 30 days' full paid sick maternity leave may commence only after comple
leave, and an additional 30 to 120 days at half pay , tion of the seventh month of pregnancy . Most
depending on the length of service; others provide employers pay the second month of the maternity
for 28 days' paid sick leave. Some provide for leave only after the employee or worker returns to
additional sick leave beyond the days stated in the work. If the employee or worker fails to resume
agreement, depending on the circumstances of each work without notification and without a recommen
case . In addition, some collective agreements pro dation from a registered medical practitioner,
vide for a maximum of 12 months' sick leave at employers can assume that the employment has
full pay and 12 months at half pay, depending on been terminated without notice . Usually, any
the person's length of service with the employer, for absence on account of illness during the first 7
prolonged illness (usually on a case-by-case basis months of pregnancy or after the maternity leave
for tuberculosis, leukemia, cancer, and paralysis ). ends is treated as normal sick leave .
Mainland Malaysia's Employment Ordinance of Apart from the established public holidays,
1955 requires employers to provide maternity leave employers in Singapore are required to provide at
to certain female workers as follows: Any woman least 7 days ' paid annual leave (at ordinary rate of
( 1 ) skilled or unskilled, who is engaged in manual pay) to all workmen 44 according to the provisions of
work under a contract of service other than as a Singapore's Labour Ordinance of 1955 (Pt. IV, sec .
domestic servant; (2) who works as a driver of, or 47) . The Clerks' Employment Ordinance of 1957
attendant on, a mechanically propelled vehicle; provides that employers must allow 7 days ' paid
provided her wages do not exceed M $ 400 (US$ 132) leave annually for industrial clerks (any person
a month , any woman (3) employed in retail trade employed in clerical work complementary or super
or business ; (4) serving residents or visitors in a visory to workmen and whose salary is not more than
boarding or lodging house; (5) serving members or M$500 (US$ 165) per month, unless otherwise set by
visitors in a club, society, trade union, or lodge ; (6) the Minister for Labour; industrial clerks include
employed as an usherette, ticket seller, caretaker or telephone operators, office boys , and other categories
servant at a theater or cinema ; and (7) working as that the Minister for Labour may designate) and
a day watchman, elevator operator, or hairdresser. 14 days' paid leave annually for clerks (any person
Female workers in mainland Malaysia who are employed in or about the business of an office whose
entitled by law to maternity allowances (at least salary is not more than M$500 per month unless
M $2.20 per day ) are also entitled to be on leave otherwise set by the Minister for Labour ; does not
from work for 30 days immediately before and 30 include management personnel, workmen , or domes
days after confinement, during which time they tic servants) . The Shop Assistants' Employment
receive the maternity allowance, provided they were Ordinance of 1957 requires employers to provide 7
employed at any time during the 4 months preceding days' paid annual leave to shop assistants (any
confinement, and were employed by the same em person employed in or about the business of a shop
ployer for a total of 90 days or more during the 9 other than in an office or clerical department or in
months immediately before confinement. Where a position of management, whose salary is not more
women had worked for more than one employer than M $ 400 per month unless otherwise set by the
during the above periods, the employer who pays Minister for Labour) .
the maternity allowance may recover from such Most collective bargaining agreements in Singa
other employers, as a civil debt, an amount propor pore contain detailed provisions concerning annual
tionate to the number of days worked for each leave , many of which exceed the statutory mini
other employer during the 9 months preceding mums. A graduated scale of days of leave varies in
confinement. proportion to years of service . As an example , a
Most collective bargaining agreements in mainland collective agreement may provide for 14 days of
Malaysia specify how and when such leave shall be leave after completion of 1 year's service, 16 days for
granted. Usually, an application , supported by a
44 Workman is here defined as an artificer and journeyman or any person
certificate from a registered medical practitioner and engaged in manual labor who has entered into or works under a contract of
subject to verification by a company doctor, must service with an employer; the term includes any person , other than clerical
staff, employed in the operation or maintenance of mechanically propelled
be submitted as soon as pregnancy is established . vehicles used for passenger transportation or for commercial purposes,
Generally, maternity leave is at full pay for 2 months and any person employed partly for manual labor and partly for the purpose
of supervising in person any workman in the performance of his work. It
to female employees or workers who have completed does not include a seaman or a domestic servant (Labour Ordinance of
a minimum of 12 months' continuous service; 1955, sec . 2) .
65
2 to 4 years, 18 days for 5 to 9 years, 21 days for 10 Sarawak's Labour Ordinance of 1952, and Sabah's
to 19 years, and 24 days for 20 or more years of Labour Ordinance of 1948, are silent on annual and
service. The extent of paid annual leave varies sick leave, thereby leaving such matters to collec
considerably, and in most instances leave must be tive bargaining or to the employer . Generally ,
taken in one continuous and mutually agreed upon most employers grant annual leave ranging from
period . Some agreements also allow for accumula 7 days per year for daily rated workers to 14 days
tion of annual leave for a maximum of 3 consecutive per year for junior clerical and other salaried staff.
years, after which the leave is forfeited . Many small employers take the position that there
Singapore's Labour, Clerks' Employment, and are sufficient public holidays to substitute for annual
Shop Assistants' Employment Ordinances provide leave.
for 28 days of paid sick leave per annum, provided A number of collective bargaining agreements in
the employee or worker has worked for the employer Sarawak and Sabah provide for paid annual, sick,
for 12 months or more, and his physician certifies and “ compassionate ” leave of from 14 to 21 days
the sick leave to be necessary . depending on length of service ( 14 days for 1 to 7
Generally , the extent of sick leave is spelled out in years and 21 days for 7 or more years of service) .
the agreement. Some collective agreements exceed Sick leave, usually not exceeding 28 days with pay
the minimum statutory requirements by providing and upon certification of a medical practitioner, is
for more days with full pay, depending on length of also provided for in some collective bargaining
service, as well as up to 120 days at half pay. agreements. Additional sick leave may be granted
Moreover, some collective agreements contain by the employer, depending on the circumstances of
prolonged illness clauses (for tuberculosis) which each case . “ Compassionate leave” is usually
amount to as many as 12 months' fully paid sick specified for emergencies and for death or serious
leave and an additional 12 months at half pay, illness of a member of the worker's immediate
depending on length of service . family.
Female clerks, female industrial clerks, and female Employers in Sarawak and Sabah are required to
shop assistants (Labour Ordinance of 1955 , Pt. X, provide maternity benefits of 4 weeks before and 4
secs. 98-100) are not entitled to paid maternity leave. weeks after confinement to all female workers under
Other women workers are entitled to a total of 8 Sarawak's Labour Ordinance of 1952 and Sabah's
weeks' maternity leave , 4 weeks before and 4 weeks Labour Ordinance of 1948. The benefit is deter
after confinement. If a woman has worked for 180 mined by length of service in the year immediately
days within the preceeding year, the employer is preceding confinement. For example, if the em
required to pay her M $ 4 per day during her mater ployee has worked 180 days within the preceding
nity leave; or if she has worked not less than 90 days year, maternity leave pay is one-sixth of her average
in the preceding 6 months, the pay is to be M$2 per earnings 45 during the year preceding confinement
day. leave; or if she has worked not less than 90 days in
Most collective bargaining agreements in Singa
the preceding 6 months, maternity leave pay will
be one-sixth of her earnings during the 6 months
pore contain clauses on maternity leave either meet preceding confinement.
ing or exceeding the statutory requirements; how
ever, most agreements stipulate that maternity leave Periodic Rest Day Premium
eligibility begins only after a minimum service of 1
year with the employer. Nearly all collective agree Peninsular Malaysia's Employment Ordinance of
ments note that leave required for abortion, mis 1955 prohibits employment on more than 6 days
carriage, etc. , before completion of the seventh in any one week without 1 day of rest (secs. 54 and
month of pregnancy is to be treated as normal sick 58) . The Employment (Amendment) Act of 1961 ,
leave rather than maternity leave. not yet in force, reaffirms the prohibition on work
Many employers in Singapore also grant " com for more than 6 days in any one week, but stipulates
passionate leave," varying from as little as 3 days that any worker who , with the consent of his em
to as much as 21 days, for death of a family member, ployer, works for more than 6 days in any one week,
and in other instances where emergencies arise 45 Earnings include wages, and any allowances, and the value of any
(usually determined by management) . Usually, food, fuel, or quarters supplied to the worker, but do not include overtime
pay or value of any travel allowance, or contribution paid by the employer
such leave is granted at the worker's regular rate of toward any pension or provident fund. Labour (Maternity Benefits)
pay . Rules Rules of July 1954, Section (2) for Sarawak .
66
must be paid at least one and a half times his customary for employers to grant paid holidays on
normal wage for such work (sec. 3) . The Weekly all national or State holidays, including the following:
Holidays Ordinance of 1950, as amended, provides
Official birthday anniversary of His Majesty the
for a weekly rest day with pay for persons employed Yang di-Pertuan Agong June 6
in shops, restaurants, and theaters. In addition, Malaysia Day -- August 31
every shop not exempted 46 must remain closed on Official birthday of the ruler or governor of the
substate concerned .. Variable
either Friday or Sunday. The exempted shops do
not have to be closed on any special day, but the There are some 4 to 6 additional festival holidays
employees must have 1 day off each week. (Chinese, Indian, and Muslim) which are agreed
Generally, Sunday is considered a weekly holiday, upon between management and labor. Collective
except for Muslims, who recognize Friday as their bargaining agreements usually provide for public
sabbath. Some collective bargaining agreements holidays , but refer to such holidays only in general
have clauses which provide for as much as double terms .
time for any work on such days. There is at least one exception to the standard
In Singapore, the Labour, Clerks' Employment, practice on holidays in mainland Malaysia. Al
and Shop Assistants' Employment Ordinances all though the general practice is from 3 to 9 paid
require employers to grant 1 rest day per week. holidays per year, a large number of Chinese tin
This is not necessarily Sunday; some firms close on mining enterprises have no paid legal holidays.
Friday, the Muslim holy day, instead. The Clerks' Instead , many Chinese owners give their mine
Employment Ordinance and the Shop Assistants ' workers elaborate feasts, including luxury foods,
Employment Ordinance provide that no employer cigarettes, and alcohol, on Chinese festival days.
may compel a clerk , an industrial clerk, or a shop Premiums of time and a half and double time,
assistant to work on a rest day ; the Labour Ordi however, are paid to those workers who must work
nance, however, allows work on rest days if the on such festival days.
nature of the work necessitates shifts. All three
ordinances require employers to pay double time for Singapore's Labour Ordinance of 1955 requires
rest-day work . An employer and an employee may an employer to grant 11 paid holidays annually to
substitute another day for the usual rest day by workmen ; the Clerks' Employment Ordinance of
agreement if the substitute day is within 3 days 1957 stipulates 16 paid holidays for clerks and 11
(before or after) of the usual rest day. paid holidays for industrial clerks; and the Shop
Assistants' Employment Ordinance of 1957 provides
In practice, most employers in Singapore pay 11 paid holidays for shop assistants. However, as
double the ordinary rate of pay or more for work
a matter of practicality, many employers grant
performed on a rest day. identical paid holidays to all employees and workers.
The Labour Ordinances of Sarawak and Sabah
The paid holidays for workers, industrial clerks, and
require employers to pay a minimum of one-and shop assistants are :
a -half times the ordinary rate of pay to all who Name Religion, if any Date
work on their rest day—usually Sunday, or another Chinese New Year's Day- Variable.
rest day mutually agreed upon. Thaipusam
Good Friday
Hindu
Christian
January 18.
Variable.
Some collective bargaining agreements in Sarawak Labour Day - May 1 .
Wesak Day --- Buddhist Variable.
and Sabah contain provisions on rest days. It is State National Day and the Birthday of
the general practice, where necessary to employ the Yang di-Pertuan Agong- June 2.
Hari Raya Puasa Muslim Variable.
workers on Sunday or the agreed -upon day of rest, to Hari Raya Haji . Muslim Variable.
pay from time and a half to double time for such Prophet Mohammed's Birthday - Muslim July 11 .
work . Malaysia Day August 31 .
Deepavali.. Hindu October 23 .
Christmas Christian December 25.
Holiday Premium
Additional paid holidays for clerks are :
Mainland Malaysia's Employment Ordinance of New Year's Day
1955 does not list public holidays. However, it is The day after Chinese New Year's Day
The day after Good Friday
46 Exempted shops include gas stations and motor vehicle repair shops, Easter Monday
funeral establishments, pharmacies, ship supply shops, livery stables, shops
producing ice by artificial means, shops selling or distributing newspapers, First Monday in August
and grocery stores selling perishable foodstuffs. The day after Christmas
67
Whereas workmen , industrial clerks, and sales work must be paid for at double time . The public
assistants have Labour Day as a paid holiday, clerks holidays include :
do not . Another holiday is any “ polling day” for New Year's Day -- January 1
the election of Legislative Assembly members. If a Chinese New Year's Day - Variable
Good Friday - Variable
holiday falls on a Sunday, the law establishes the Hari Raya Puasa - Variable
following Monday as a paid holiday. Apart from State National Day and the Birthday of the Yang di
Pertuan Agong June 2
the holidays listed , Singapore has two bank holi Malaysia Day August 31
days , usually in July and December , but government Christmas Day .. December 25
offices and businesses stay open on these days.
Few collective bargaining agreements in Singapore By agreement between labor and management,
any other day or days may be substituted for any
mention public holidays other than in general
terms. Labor and management may by agreement one or more of the days prescribed ; and , if any of the
substitute any other day or days for any one or more public holidays falls on a Sunday or other rest day,
days listed officially as public holidays. the day following immediately thereafter is sub
stituted .
Employers in Sabah and Sarawak are required ,
under the provisions of the Labour Ordinances of The collective bargaining agreements in Sarawak
the respective states, to give their employees and and Sabah usually contain a general clause referring
workers all public holidays with pay and , if work is to public holidays as those declared by the respective
absolutely necessary because of an emergency , such States .
1 Data based on a sample survey of 18, 44, 66, and 50 percent of rubber, rubber estates are those of 100 acres and over while other estates are 25
coconut, oil palm and tea estates , respectively. acres and over .
2 M$1 = US $0.333.
3 Sample too small to obtain a reasonable average . SOURCE : Federation of Malaysia, States of Malaya, Department of
Statistics, Monthly Statistical Bulletin of the States of Malaya, September
Note : Normal hours of work on estates were 7 to 8 hours per day. The 1964 (Kuala Lumpur, 1964) , table 6. 1 , p. 136.
where hiring is conducted through informal channels and a " price bonus,” retroactive to February 1 ,
where a foreman may give preference to kinfolk 1964. According to this agreement,
for available jobs. On the whole , management has
the guaranteed factor was set at M$2.55 a day while the
not been subjected to much pressure from govern average monthly price of rubber falls between 60 and 70
ment, political parties, or labor unions, especially cents a pound based on the average of the daily noon buyers'
in Sarawak and Sabah, in the establishment of price for rubber in No. 1 bales f. o . b . Singapore, for the
base pay . However, the employer's freedom of month ending on the 20th of the preceding month, provided
action in fixing base pay is becoming increasingly that the guaranteed factor shall be increased or decreased by
subject to union endorsement. 10 cents for every 10 points or part thereof by which the
retail price index published by the Federation of Malaysia
Where statutory provisions exist for the fixing of Department of Statistics, rises above 125 or falls below 90 .
pay under certain circumstances , local and foreign
employers are treated equally, but public opinion, In addition , tappers receive an " output factor”
labor unions, and both the national and state increase ranging from 8 to 12 cents per pound of
governments, tacitly expect foreign employers to dry rubber in excess of an average of 4 to 14 pounds
be pacesetters in wage levels . of rubber, depending on whether the rubber area
Salaries and wages vary in different parts of is a low , high , or medium tapping area . Also ,
Malaysia, but those in peninsular Malaysia and tappers receive a " price bonus” of 2 cents per day
Singapore are above the levels of many Asian coun worked for each whole cent by which the average
tries . As of July 1962 , tappers on peninsular Malay monthly price of rubber exceeds 70 cents a pound,
sian rubber estates received an average monthly wage and provided that the " guaranteed factor” is
of M$86 ; unskilled factory workers received M$89– increased or decreased according to the retail price
M$ 135 per month (table 20) . This pay did not index.49
include fringe benefits which included medical
attention , housing on estates, and , in much of the The wages of plantation field workers, based on
tin industry, free food amounting in value to about the same average monthly price of rubber as appli
M$37 per month.48 cable to the " guaranteed factor” above, according
In a collective bargaining agreement dated July to the provisions of the same NUPW/MPIEA agree
ment, were set as follows :
27 , 1964, between the NUPW and the MPIEA ,
the wages of tappers employed by estates which are Malaysian dollar
members of the MPIEA were established on the Adult male workers:
Under 55 years - 3.10
basis of a “ guaranteed factor," " output factor," 55 years and over 2.90
69
Malaysian dollars Monthly wage or Salary
Industry Occupation (Malaysian dollars)
Adult female workers: Chemical .------- Debt collector and assistant
Under 50 years - 2.50 cashier .-- 325- 340
50 years and over . 2.30 Debtor's clerk .- 310- 345
2.30 Cashier .---- 270- 330
!
Young persons (under 16 years )-- Records supervisor.-- 230- 295
Handicapped workers . 2.30
Accounting machine operator. 210- 235
Typist ---- 210- 225
Field workers receive the same “ price bonus” as the Assistant records clerk .--- 135- 180
Copy typist..
tappers. The wage provisions of the NUPW/ Telephone operator .
120- 150
170
MPIEA agreement remain in effect at least until Chief clerk .---- 260- 322
January 1966 . Petroleum ---- Manual workers- 170- 219
Pumpman, painter, crane
Peninsular Malaysia's tin enterprises paid con operator and driver .--- 200- 263
siderably higher wages in 1962 than the plantations Clerk, key punch operator,
typist, telephone operator,
(table 21 ) . In addition, the majority of the Chinese service station mechanic,
tin employers provided free food amounting in value sign painter, carpenter and
+
to about M$37 per month per person . Medical machinist ---- 240 , 345
Calculating machine operator,
benefits and hospital facilities were also available to employee relations clerk ,
most tin workers . and IBM machine operator . 300- 480
Audit clerk, payroll clerk, ship
Apart from the plantations and the tin industry, ping clerk, cashier, drafts
man, stenographer, and
samples (according to collective agreements) of some marketing clerk and cashier. 375- 625
salaries and wages paid by other industries for Senior clerk in marketing,
shipping and retail... 505- 835
various occupations in 1963–64, were as follows : Section head, operations as
Monthly wage or salary sistant, marketing expense
Industry Occupation (Malaysian dollars) analyst, systems analyst,
Banking - Nonclerical - 110- 241 travel services representa
Clerical .. 220- 790 tive, and office assistant.- 715-1,250
TABLE 21. PENINSULAR MALAYSIA: AVERAGE DAILY AND MONTHLY EARNINGS IN THE TIN INDUSTRY, BY OCCUPATION, JULY 1962
(In Malaysian dollars 1)
1
Average Average Average Average Average Average
Occupation daily rate of days monthly Occupation daily rate of days monthly
pay worked earnings pay worked earnings
1 One Malaysian dollar = US $ 0.333. payments for special or emergency work done outside normal working
2 Paid by month only . hours for which higher job rates are paid .
3 Sample too small to obtain a reasonable average . 6 For a definition of the Pok Chau System see section on Hiring, p. 59.
4 The Pong Sau workers are more experienced in mining operations 7 Not available.
than the Chap Kung and Kongsi Kong workers. Each mine usually has Note : Data based on a sample survey of 13 percent of Chinese tin mines
1 or 2 Pong Sau workers, who act as general assistants, adaptable to any
manual mining operation required. Usually, they are classified as semi and 29 percent of the tin dredges.
skilled workers. SOURCE : Federation of Malaysia , States of Malaya, Department of
5 Chap Kung and Kongsi Kung workers are unskilled . Chap Kung Statistics, Monthly Statistical Bulletin of the States of Malaya, September
workers usually perform the more permanent work , and Kongsi Kung 1964 (Kuala Lumpur, 1964) , table 6. 2 , p. 137.
worker3 the miscellaneous jobs. The earnings of these workers include
70
Monthly wage orsalary
(Malaysian dollars ) Daily wages in 1963 ranged from M$2.83 for
Air conditioning - Serviceman .. 1704 260 unskilled workers to about M$12 for skilled workers,
Apprentice serviceman . 120- 145 as follows:
Carpenter---- 200- 215 Daily wage scale
Manual worker--- 110- 120 (Malaysian dollars)
Draftsman 295- 550 Turner ( lathe operator ). 6.92–11.10
1 Clerk .. 150- 550 Fitter.-- 5.27-10.04
Driver ... 144- 180
Salesman . 150- 310 Welder .. 5. 20- 8.81
Mechanic .. 4.17- 8.75
Managerial personnel receive M$700 per month Electrician . 5.90-10.13
and up. Generally, salaries and wages are highest Foreman . 8.05-11.62
Truckdriver 2.83- 4.67
in machinery and metal products manufacture,
construction, printing and publishing, and petroleum Many of the collective bargaining agreements
industries. currently in effect contain detailed wage rates by
Salaries and wages in Singapore are generally occupational grouping, and , in a number of agree
ments, even the names of the workers are listed with
higher than in peninsular Malaysia; they differ not their rates of pay . Wide variations exist in rates of
only according to skill level, but also by industry. pay for what appear to be similar occupations, except
According to the Singapore Labour Department's in the case of unskilled workers, whose rates of pay
Annual Report for 1961, the average weekly earnings are generally similar.
(base pay) for all workers at that time, by industry,
were as follows: Management personnel in Singapore receive
M $ 1,100 - M $ 1,200 and up per month . Generally,
Average weekly earnings women in management and nonmanagement po
Industry (Malaysian dollars)
All workers ----- 38.54 sitions are paid less than men , especially in non
Transport, storage, and communications. 43.05 management positions.
Utilities 40.49
Mining and quarrying- 39.81 Wage and salary levels in Sarawak and Sabah are
Manufacturing 39.54
Commerce . 37.21
generally lower than in peninsular Malaysia and
Services--- 36.67 Singapore. They have not changed materially since
Construction .-- 32.99
Agriculture, hunting, forestry , and fishing 22.39
1962 and 1963. According to appendix I, which
shows the prevailing rates of pay, by industry, in
In July 1962, the Singapore Department of Labour Sarawak's nongovernment establishments as of
conducted a sample survey covering some 92,000 January 1963 , the highest daily rates of pay were in
wage and salary earners in 52 principal industries. construction, where painters received M$8 per day,
The average weekly earnings for all wage and salary and in manufacturing. In the manufacture of wood
earners were M $42.82 as against M$38.54 in 1961 . and cork products, carpenters earned M $ 5 – M $ 10 per
Moreover, in regard to average earnings, the 1962 day, and in the manufacture of transport equipment
survey revealed that about 20 percent of the workers mechanics earned M$6.48–M$8.05 per day. Other
earned M$30 and under a week while about 33 high-paying industries in Sarawak include stone
percent earned between M$31 and M $45 per week , quarrying, where greasers received M $ 4.50 – M $ 5.50
and about 29 percent earned M $ 46 to M$56 per per day, and metal mining, where blasters received
week . The remainder (about 17 percent) earned an M $ 4 - M $ 6 per day. Monthly rates of pay were
average of M$51 and over a week . highest for carpenters in industries manufacturing
furniture and fixtures. The average daily wage for
Data presented by Singapore's Economic De
government daily rated personnel in Sarawak in
velopment Board show that monthly salaries for January 1963 was M $ 4 for unskilled , M$6 for
white collar workers in 1963 ranged from M$230 to semiskilled , and M$ 10 for skilled workers .
M $ 422, as follows:
Salary per month Some collective bargaining agreements in Sarawak
(Malaysian dollars)
General clerk .. 230 contain detailed provisions on job classifications
Accounts clerk . 335 and grades, defining the minimum duties and the
Bookkeeper 330 range of salaries or wages applicable to each classifi
422
Secretary ( stenographer) cation. At least eight collective agreements in
Sales demonstrator . 290
Draftsman . 330 Sarawak contain a clause in an appendix which
Copy typist - 260 provides for combining, as of December 31 , 1963,
260
Storekeeper the basic “ salary” with the cost -of-living and
71 1
OOOOOOOOOOOOOOOOOOOOOOOOOOOO
TABLE 22. SABAH : AVERAGE DAILY WAGES, BY OCCUPATION AND MAIN INDUSTRY, 1962
Area Area
Hours Hours
Occupation by industry worked Occupation by industry worked
per day West coast , per day West coast ,
East coast Interior and East coast Interior and
Labuan Labuan
.........
Factory workers . 8 3.83 4.06 Fitters . 10.64 10.72
Field workers . 8 2.86 3.53 Locomotive drivers .. 10.00 8.50
Mandors .- 8 6.06 5.28 11.39 11.00
OOOOOOOOOOOO
Bulldozer drivers .-
Coconut : Lumber squarers . 7.56 7.00
Harvesters . 7 6.25 Motorboat drivers .. 5.67 5.00
Field workers. 7 3.50 Tractor drivers .. 9.07 10.12
Hemp: Truckdrivers. 8.50 7.83
Fellers .. 4.11 Mill sawyers 9.54 7.17
Strippers . 4.15 Raftsmen .. 6.07 5.91
Peelers 4.53 Lumber yard workers . 5.00 4.40
Carriers . 4.50 Lumber camp workers . 4.68 5.00
Dryers . 3.93 Lumber concerns :
Balers . 4.36 Raftsmen .. 8 6.07 5.91
Other employments: Lumber haulers . 8 6.64 6.70
Public Works : Building construction :
00
OO
Carpenters 7.45 7.00 Master carpenters . 9.83 10.40
Fitters ... 9.29 8.25 Carpenters .. 7.33 7.98
Engine drivers. 8.33 Masons. 8.06 8.16
Truckdrivers 5.16 5.65 Fitters . 8.25 8.80
Laborers . 4.00 3.56 Blacksmiths . 7.12 7.26
Watchmen . 3.84 3.04 Concreters 8.06 8.16
Mandors. 5.08 Plumbers 10.00 8.83
Painters .. 8.33 7.69
Foremen . 10.00 10.00
Laborers . 5.25 4.68
SOURCE : Government Printing Office, North Borneo (now Sabah) , 1963) , table III , pp. 22–23 .
Report of the Department of Labour and Welfare for the Year 1962 ( Jesselton ,
marriage allowances, where payable, into a " con Most collective bargaining agreements in Malay
solidated salary.” sia contain clauses on bonuses, allowances, and
other benefits, but because of the many variations
In Sabah, almost all workers in the plantation throughout the country it is impossible to deter
and lumber industries are paid on a piece - rate mine, on a general basis, the proportion of base pay
basis, with the rates governed to some extent by as distinguished from premium pay , bonuses, etc.
world market prices of the commodities. Wages in
the lumber industry are generally higher than those Basic monthly salaries of government officials in
in agriculture, and in the towns and districts of the Malaysia are established according to divisions
(table 23) . Generally , superscale officials are
east coast, where the lumber industry predominates, university honor graduates, especially in peninsular
both wage rates and the cost of living are generally Malaysia. Other division I and division II officers
higher than in other areas of Sabah (table 22) . The
must hold at least a B.A. degree . Division III
highest daily wages in Sabah in 1962 were paid to
master carpenters, bulldozer drivers, fitters and
personnel must have education at least equivalent
to high school in the United States . Division IV
tractor drivers in the sawmill industry, and master personnel may or may not be high school graduates.
carpenters and foremen in the building construction
industry. Clerks, depending on their duties , In Sarawak, some personnel, scattered throughout
the various divisions, are professional and semi
responsibilities, and length of service, as of 1964,
received from M $ 150 to M $625 per month ; ap
professional; they include nurses, police, and prison
officials. Generally, salaries are higher in Sabah
prentices from M$95 to M$135 per month. Manage and Sarawak because these States are considered
ment personnel in Sabah were paid M $775 per
month and up. hardship posts.
The wage structure of peninsular Malaysia's
Some collective bargaining agreements in Sabah daily rated government personnel is the same in
contain provisions similar to those in Sarawak on both the National and State governments, and is
job classifications and grades, defining the mini based on the Malayan Daily-Rated Staff Manual of
mum duties in each classification and the range of 1956. Generally , the wages of daily rated personnel
salaries or wages applicable to a particular classifi are comparable to those in similar occupations in
cation . private industry .
72
TABLE 23. MALAYSIA: APPROXIMATE BASIC MONTHLY which are usually provided by employers only to
SALARIES OF GOVERNMENT PERSONNEL, 1965 their uniformed staff, such as bill collectors, meter
[ In Malaysian dollars)
readers, messengers, and plant police. Only a few
Division Peninsular Singapore Sabah Sarawak collective bargaining agreements contain clauses
Malaysia
that provide for a gratuity payment in case of death
Division 1 : to an employee or worker, or in illness, or upon
Super scale : retirement. In the few instances where such pro
Maximum . 1,970 2,075 2,420 2,420
Minimum .. 1,107 1,520 1,470 1,470 visions exist, a minimum period of employment is
Others:
Maximum . 1,240 1,420 1,420 1,420
Minimum. 554 470 660 660 specified ; 5 to 7 years for a medical payment and
Division II :
Maximum 813 940 1,050 1,170 generally longer for payments in case of death or
Minimum .
Division III :
268 175 250 250 retirement. Payments are generally calculated
Maximum ..
Minimum .
751
85
760
122
620
135
620
135
either as 1 or 2 weeks' salary or wage per year of
Division IV:
Maximum . 250 400 350 350 employment, or a percentage of the person's last
Minimum . 71 87 100 85 salary or wage.
DivisionV :1
Maximum .
Minimum . 3 Some employers in Malaysia pay allowances for
special qualifications (advanced training, operation
1 Sarawak is the only area that has division V personnel. Professional of special equipment, etc.) ; others offer a higher
and semiprofessional personnel, including nurses, prison officials, and police,
receive from M $ 90 to M$865 per month. base pay instead . If an employee or worker
2 Not available.
NOTE : The salaries shown are still (April 1965) in effect. acquires new qualifications by on -the -job training
SOURCES: Peninsular Malaysia - Embassy of Malaysia, Washington, or night classes, these capabilities are a factor
D.C. Singapore - Government Printing Office, Singapore Civil Service
Manual of Salaries and Allowances, 1964 (Singapore , 1964) . Sabah considered in promotion. Employers in Malaysia
Department of Labour and Welfare. Public Service Salary Groups and
Scales ( Jesselton , Sabah 1964) . Sarawak - Government Printing Office . pay no hardship post differential, but some em
Sarawak Government Staff Lists 1963, Parts I - III (Kuching , 1962-63).
ployers pay additional amounts to employed
personnel suffering unusual hardship judged solely
Supplemental Payments on the basis of the merits of each case. Generally,
no allowances are paid for the cost of tools, but
Malaysia has no laws which require employers to employers usually provide the necessary tools. No
pay bonuses to their employees or workers ; however,
allowances are paid for travel to and from work;
most collective agreements contain clauses on however, a number of collective agreements contain
bonuses.50 Bonuses are seldom based on perform
clauses which specify that transportation or payment
ance, seniority, or cost of living.51 Many agree
ments specify annual bonuses, generally fixed at
thereof will be provided by the employer for those
working overtime outside the regular hours of bus
about 1 month's salary or wage. Some collective or other transportation service .
agreements provide as much as 212 months' salary
or wage as a bonus, while others stipulate that the Withholdings and Deductions
bonus shall not be less than 1 month's salary or
wage per year. Still others determine the bonus
The labor laws in Malaysia are quite detailed on
by a detailed sliding scale according to the amount
of profit made by the establishment in the particular withholdings and deductions from pay of workers
and employees. For example, under peninsular
year, but with a guaranteed minimum. Generally, Malaysia's Employment Ordinance of 1955 (Pt. IV,
the bonus is paid at the end of a calendar year, at sec. 24) , employers may make only the following
the end of a company's fiscal year, or prior to a major deductions from pay :
festival - such as Chinese New Year for Chinese
1. At the written request of the employee, payment to any
employees, Hari Raya Puasa for Muslims , Deepavali
registered trade union, or cooperative thrift and loan society,
for Hindus, and Christmas for Christians . of any sums owed for subscriptions, entrance fees, install
The most common supplemental benefits other ments on loans, interest, or other dues.
than bonus or cash payment are those pertaining to 2. Any overpayment made during the preceding 3 months
uniforms, shoes, and clothes for inclement weather, as the result of the employer's mistake.
3. The indemnity due an employer by the employed person
who terminates his contract of employment without notice,
50 Singapore's Industrial Relations Ordinance of 1960 stipulates that and deductions for the recovery of advances of wages from
bonuses are a proper subject for collective bargaining and also for determi such persons, usually not exceeding 1 month's wages.
nation by arbitration in the Industrial Arbitration Court ( sec. 38 (a)) . 4. Deductions authorized by any other written law, includ
51 Some collective bargaining contracts, however, especially in Singapore,
have clauses on temporary cost-of- living allowances which provide as much ing deductions for income tax purposes if requested by the
as 10 percent of base pay. employee.
73
5. Deductions made with the prior permission of the to , or loss of, goods, and for loss of money, may not
Commissioner for Labour as the Commissioner may specify,
exceed 25 percent of salary in any one month for
provided that the Commissioner shall not permit any deduc clerks and industrial clerks, or 25 percent of wages
tion at the written request of the worker or employee for
payments into any superannuation plan, provident fund, or or M$50, whichever is less, for workmen and shop
thrift scheme established for his benefit; payment or payments assistants. Total deductions may not exceed 50
to a third party on the employee's behalf ; rental or accom percent of salary or wage in any one month .
modation and cost of services, food and meals provided by
Sarawak's Labour Ordinance of 1955, and Sabah's
the employer to the worker or employee at the latter's request
or under the terms of his employment contract — unless the
Labour Ordinance of 1948 as amended, list the
Commissioner for Labour is satisfied that the making of such deductions employers may make from the pay of
payment or the provision of such accommodation , services, their employed personnel. These include deductions
food or meals is for the benefit of the worker or employee. for any retirement scheme, provident fund, or
6. Where wage or salary earner obtains foodstuffs, provi thrift plan established for the benefit of the employed
sions or other goods on credit from a shop operated by a person and approved by the Commissioner for
cooperative society registered under the Cooperative Societies
Ordinance of 1948, his employer may, upon written request , Labour. They also include deductions made at the
and in agreement with the manager of the cooperative shop, written request of the worker or employee for the
make deductions from his wage or salary not to exceed the purpose of remittance to a specified member of his
amount of such credit , and pay the manager in satisfaction family ; deductions of any overpayment in salary or
of the employed person's debt.
wages because of the employer's mistake ; and
The total amount deducted from wages in any one deductions for the recovery of advances on salary
month may not exceed 50 percent of the wages or wages or for the cost of maintenance in hospital
earned during that month except for a deduction (1) of the employed person or any of his dependents,
for indemnity due an employer because of termina provided that the employer continues to pay not
tion of employment without notice, or (2) from the less than one- half the employed person's usual wage.
final payment of any wages due upon termination of The employer may also make deductions ( 1) for
the employment contract. goods and services , including dwelling houses,
Singapore's Labour Ordinance of 1955, Clerks' provided for the benefit of, and with the consent of,
Employment Ordinance of 1957, and Shop Assist the employee or worker, and approved by the Com
ants' Employment Ordinance of 1957, list the missioner for Labour, and (2) for damage to or loss
deductions employers may make. These include of goods entrusted to the employed person for
deductions for income tax, for the Central Provident custody, if such damage or loss is attributable to
Fund, and for retirement funds or any lawful plan neglect or default. The total deductions may not
established for the benefit of the employee or worker exceed 50 percent of wages or salary in any one
and approved by the Commissioner for Labour . month .
They also include disciplinary deductions for Generally, employers in Malaysia observe the
quitting without notice, for negligent loss or damage, statutory provisions on deductions. In practice ,
and for unauthorized absence from work, and they make other deductions (including income tax
reimbursement deductions for the actual cost of deductions ) only on government approval and with
meals supplied by the employer at the request of the the approval of the employed person.
employee, for housing, services and amenities sup
plied by the employer, and for the recovery of Pay Changes
advances, loans, and overpayments of salary or
wages. The employer may also make deductions for Pay increases in recognition of length of service,
subscriptions, entrance fees, loan installments, in efficiency, or increased responsibility are normally a
terest, and other dues payable by the employee or matter for negotiation either between employer and
worker to any registered cooperative society. employee or between employer and union.52 Em
Of these deductions, none is compulsory except ployers in Malaysia normally base pay increases
that for the Provident Fund . Singapore, like and promotions 53 on level of responsibility, seniority ,
peninsular Malaysia, has no system for withholding demonstrated quality of performance, and amount of
income tax from wages except at the request of the
employee or worker. Employers must make 52 Singapore's Industrial Relations Ordinance of 1960 makes pay in
creases a subject for collective bargaining, conciliation, and arbitration.
deductions ordered by a court or other competent 53 In many instances promotions are made on a probationary basis, and
higher pay does not begin until the probationary period (30 days to 6
authority (Commissioner for Labour). They may months) has been satisfactorily completed . Usually, the salary or wage
not deduct for cost of tools. Deductions for damage is retroactive to the first day of promotion.
74
training. Cost of living may be a consideration for The Labour Ordinances of Sarawak and Sabah
pay increases. Most firms, however, have no formal require that where the wages of a worker are payable
performance ratings ; instead they rely on informal monthly payment shall be made not later than 10
evaluations by supervisors. Some firms offer days after the expiration of the period for which
incentive awards, while others may emphasize as an they are due . Each employment contract in
incentive the opportunity for pay increases and Sarawak and Sabah must contain a clause which
promotions. A monthly or, more customarily, an stipulates the pay period. Employers may establish
annual attendance bonus to reduce absenteeism semimonthly, fortnightly, weekly, daily, or other
may be paid. Some firms pay annual bonuses based pay periods; usually, they pay their daily rated
on length of service. Most prefer piecework rates, personnel on a weekly or semimonthly basis, and
thus linking remuneration directly to production. their technical, professional, and managerial person
Changes to duties involving less responsibility nel on a semimonthly or monthly basis.
may be made without difficulty if no reduction in
salary or wage is entailed, if the new job title Travel and Transportation Expenses
carries either equal or greater prestige, and if there is
no loss of face — which is particularly significant in No laws require employers to provide transporta
connection with morale. In practice, employers tion or to pay travel expenses of employees or
keenly aware of the necessity to respect matters of workers to and from work. Generally, government
" face” generally make every attempt to avoid and private industry either provide transportation
demotions unless there is need for disciplinary or reimburse employees or workers for the actual
measures, in which case the matter is handled ac cost of transportation and other expenses incurred
cording to the provisions of a collective agreement, by them in the performance of duty away from their
an employment contract, or company rules on normal place of work. Government reimbursements
discipline. are based on the rank of the person involved and the
distance traveled .
Pay Period Frequency Many collective bargaining agreements contain
provisions on transportation . In most instances the
Peninsular Malaysia's Employment Ordinance of employer is to provide transportation or reimburse
1955 provides that an employment contract may ment to workers and employees who work overtime
specify pay periods not exceeding 1 month. Em and are unable to travel to and from work by bus
ployers are required to pay their workers not later outside the normal operating hours of such buses.
than the seventh day after the last day of any pay In addition , many contracts stipulate that the
period unless permission is obtained from the Com employer will provide transportation, or reimburse
missioner for Labour for an extension of time . the expense of transportation, to personnel who
Peninsular Malaysian employers usually pay on a work on rest days and paid public holidays. Some
weekly, semimonthly (most favored ), or monthly agreements indicate specifically the amount of
basis. allowances or reimbursement for transportation.
Under Singapore's Labour, Clerks' Employment, When personal automobiles are used, the allowances
and Shop Assistants' Employment Ordinances range from 20 to 25 cents per mile, regardless of the
employers must pay their workers and employees at number of miles, or 25 cents per mile for the first
least once a month, but employers may establish 100 miles and 20 cents for each mile over 100 miles,
semimonthly, fortnightly, weekly, daily, or other or 10 cents a mile for personal motorcycles or
pay periods of less than 1 month . Many Singapore scooters, or actual bus fare, or a flat rate of as much
employers pay industrial clerks weekly, every 10 as M $60 per month for transportation expense .
days, fortnightly, or semimonthly ; clerks fortnightly , In addition to transportation allowances, several
semimonthly , or monthly; and technical, profes collective bargaining agreements contain clauses on
sional, and managerial personnel, monthly. subsistence allowances (when in travel status).
75
Chapter XIII. Health, Safety , and Workmen's Compensation
Health and Sanitation ensure reasonable conditions of comfort and prevent
injury to health ; (4) protection of personnel from
In many instances, health measures in Malaysia exposure to the elements; (5) cleanliness, to be
are imposed by the local government in the exercise ensured by daily removal of rubbish, refuse , and other
of its powers to license industrial or commercial waste matter, by lime washing or painting of the
undertakings. A factory, restaurant, or theater walls , and weekly washing (hosing) of floors; (6)
may be subject to certain conditions of construction, spaciousness - specifically, in each work area , at
safety, and ventilation prescribed in the building least 25 square feet of clear floor space per person
bylaws of the local government, and building design and at least 10 feet clear height between floor and
may require approval of the local government acting lowest part of ceiling (including cross beams) ; (7)
on the advice of the area's health officer. sufficient and suitable lighting ; (8) suitable protec
In peninsular Malaysia, in addition to any local tive clothing , and appliances to protect against
government requirements on health and sanitation , glare, dust, fumes, and exhaust gases ; (9) a first aid
the Rump Labour Code of 1933 (hereafter cited as box in charge of a responsible person who (if the
the Labour Code) permits officers of the Department installation employs more than 50 persons) must be
of Labour and Industrial Relations to set standards trained in first aid treatment, and , where more than
for living accommodations available to workers in 150 persons are employed , a suitable first aid room
the plantation, quarry, and tin industries. All new with a table and couch ; ( 10) an adequate supply of
site and building plans must be approved, and if potable water from a public source ; ( 11 ) adequate
construction is not in accordance with government washing facilities, kept in a clean and orderly
specifications the labor officials may, on advice of condition ; ( 12) sufficient and suitable sanitary
the area's health officer, order modifications or conveniences, maintained and kept clean and reason
even demolition. It is not incumbent on an estate ably arranged for persons of each sex; ( 13) seating
manager to provide living accommodation, but if he accommodations for employed persons whose work can
does, it must conform to minimum standards on be as effectively performed sitting as standing ; and
water supply , sanitary arrangements, refuse disposal , ( 14) medical examination of any person employed in
and antimalarial facilities. any installation at the request of any labor or health
The Commissioner for Labour is empowered under inspection officer. Penalties are provided for non
the Labour Code to direct an employer to supply a compliance . Collective bargaining provisions on
specific quantity of wholesome drinking water as medical attention as well as medication at the
recommended by health authorities . employer's expense are common in peninsular
Most of the larger agricultural estates have their Malaysia.
own hospitals, principally for the treatment of Although government installations and many
minor ills of estate personnel. Employers are modern industrial establishments meet these require
required to staff the hospitals with enough medical ments , many others do not. Some leeway exists in
practitioners and other health personnel to provide interpreting such statutory words as " effective ,'
medical treatment, including diet in hospitals , and to " suitable ," " sufficient,” “ adequate,” etc. Many
supply medicines . employers , however, provide better medical facilities
All factories in peninsular Malaysia are required to than the statute requires , as well as free medical
conform to the provisions of the Machinery Ordi examinations, and free medicine . Some few em
nance of 1953 and the Machinery (Safety , Health, ployers maintain clinics .
and Welfare ) Regulations of 1956. The Machinery In Singapore , apart from some health and sanita
Ordinance of 1953 gives the Minister for Labour tion requirements (building construction and potable
authority to issue regulations for operation of water supply ) enforced by local government, the
machinery to ensure , among other things, the health Factories Ordinance of 1958 governs health and
and welfare of the operators. According to regula sanitation in factories . The statutory provisions in
tions, conditions and facilities in factories should reference to health and sanitation are similar in
meet the following standards: (1) Effective means for many respects to those in peninsular Malaysia's
drainage of floors; (2) effective and suitable ventila Machinery (Safety, Health, and Welfare) Regula
tion ; (3) maintenance of temperature which will tions of 1956. As in peninsular Malaysia, govern
76
ment installations and some industrial and com attention, and up to 28 days' hospitalization or a
mercial establishments meet the requirements on maximum of M $ 500 for that purpose. ( These
health and sanitation , but many others do not. conditions are included in several collective bar
There is the same leeway in interpreting statutory gaining agreements in Sarawak and Sabah .)
words. Many Singapore employers also provide Neither the laws nor the various government
better medical facilities than required , and many agencies concerned with labor require foreign
provide free medical examinations. employers to maintain higher standards than local
As in peninsular Malaysia, almost all collective employers. Some of the best health and sanitation
bargaining agreements in Singapore provide for facilities in employment areas, however, are found in
medical attention and drugs, prescribed by a doctor, foreign -owned enterprises.
at the employer's expense . A large number of
collective agreements also provide that the employer Safety Conditions and Required Precautions
will furnish hospitalization (second- or third-class
accommodations), depending on the employee's Peninsular Malaysia's Machinery Ordinance of
occupation. In some agreements, the employer's 1953, as amended, with the pertinent regulations,
liability for hospitalization benefits is limited to 28 establishes the statutory provisions on safety of
days; usually, such eligibility begins after a minimum workers in industries employing mechanical power.
of 1 year's service. Provisions in collective agree The Machinery Ordinance and its pertinent regula
ments for surgical attention required by workers and tions confer wide powers on government inspectors
employees are more varied than those for medical of machinery to order safety devices installed and
attention. Though some agreements stipulate that maintained, and to ensure by periodic inspections
all such expenses shall be met by the employer, that this is done. There are provisions on floors,
others limit his liability to a maximum amount, e.g. , stairways, ladders, and means of access; ventilation
M $500, and in at least one agreement, to 50 percent and overcrowding; exposure to the elements; fire
of the cost for clerical and 25 percent for production precautions; volatile flammable substances; danger
personnel. At least one agreement, instead of ous liquids; confined spaces, fumes and dust ;
specifying medical and hospital benefits in detail, protective clothing; prohibition of meals in certain
stipulates that the employer shall meet all “ relevant places ; water valves; pressure valves; compressors;
expenses.” Dental expenses are generally outside the and steam pipe connections. Similar safeguards
purview of collective agreements. A few employers exist under the mining laws 54 and rules, which aim
provide free lunches to their employees. at eliminating such accidents as landslides, explo
Apart from the health and sanitation requirements sions, etc.
enforced by government officials, and Sabah's Despite the detailed statutory provisions on
Public Health Ordinance of 1960 (covering all public safety, Malaysian Government labor officials have
health ), no laws in Sabah or Sarawak deal exclusively indicated that there is a general lack of safety
with health and sanitation in places of employment. consciousness among peninsular Malaysian em
Under the provisions of section 4(3) of Sarawak's ployers and employees and workers alike . More
Labour Ordinance of 1952 and section 4 (4) of over , government labor officials reported that many
Sabah's Labour Ordinance of 1948, as amended , the employers are still not " fully conversant” with the
respective Commissioner for Labour or the health requirements of the Machinery Ordinance of 1953
officer may require employers to take certain steps even though the law has been in force since that
toward remedying defects observed in " plant, time .
layout, working methods, supervision, medical or Singapore's Factories Ordinance of 1958 governs
sanitary provision or other matters at any place of health and safety in Singapore factories. Safety
employment which he may have reasonable cause to devices for machinery are required in factories
believe constitute a threat to the health or safety of employing 10 or more people and using power, or
the workers.” other potentially dangerous, equipment. It specifies
In Sarawak, according to the Commissioner for certain other safety precautions, but empowers
Labour, some of the outstanding deficiencies in
many factories are inadequate or nonexistent 54 The mining laws include: The Mining Enactments; the Mineral Ores
sanitation, and inadequate ventilation and lighting Enactments; the Chinese Tin Mines (Rehabilitation Loans) Ordinance;
facilities. Some employers in Sarawak, and also in the Tin Control Ordinance of 1954; the Tin Control Regulations of 1955;
the Tin Control (Buffer Stock) Regulations of 1956; and various substate
Sabah , provide free medical examinations, medical legislation related to mining.
77
inspectors generally to exercise their judgment. Sabah's Commissioner for Labour and Welfare is
These precautions require that moving parts of Chief Inspector of Machinery. His powers under
machinery must be securely guarded, as must vessels the Machinery Ordinance are exercised through the
containing harmful liquid , and potentially danger inspection officers of the Department of Labour and
ous devices or parts of machinery must be enclosed . Welfare, with occasional help from " experts ”
Efficient starting and stopping devices are manda called in from other government departments. All
tory. All lifting devices must be examined period inspection officers are given departmental instruc
ically by government -recognized (registered) inspec tion on safety in the operation of the types of
tors; overhead traveling cranes must not approach machinery most commonly encountered in the
within 20 feet of places where persons are course of their inspection visits.
working; openings in the floor must be fenced ; According to government labor officials and union
stairs must have guard rails. If dangerous fumes leaders, many employers in Sarawak and Sabah
might be present, adequate exits must be provided, take inadequate safety precautions or none at all,
testing must be done , suitable breathing apparatus largely because there is no adequate legal obligation
worn , and employees trained in artificial respiration. for them to employ safety measures. Some, how
Steam boilers in Singapore must have safety ever, provide excellent safety measures and maintain
valves and gages; steam receivers must have auto high safety standards, but such employers are in the
matic devices to ensure safe working pressure, and minority.
valves and gages must be examined every 24 months. Although neither the labor laws nor the various
Other detailed requirements are specified for valves, government labor agencies in Malaysia require
gages, and compressors, to ensure safe pressure foreign employers to maintain higher standards,
levels. All gas installations, including the connect they are in fact pacesetters in safety standards.
ing pipes, must be of sound construction and properly
maintained if the gas is combustible. Accident and Disease Compensation
Singapore's factories must have readily accessible, Workmen's compensation laws are in force in all
adequate and suitable fire extinguishers. The
four parts of Malaysia. Peninsular Malaysia's
Factories Ordinance also requires fire escapes, open
Workmen's Compensation Ordinance of 1952 , as
passageways, doors opening outward , plainly marked
amended , Singapore's Workmen's Compensation
fire exits, and training of employees and workers in
Ordinance of 1955 , as amended, Sarawak's Work
fire routines. men's Compensation Ordinance of 1957, as amended,
Sarawak and Sabah do not yet have any compre and Sabah's Workmen's Compensation Ordinance
hensive legislation dealing exclusively with safety of 1955, as amended, are similar to the workmen's
in work areas. Sarawak's Labour Ordinance of compensation laws in the United States. All apply
1952 (sec. 4 (3) ) and Sabah's Labour Ordinance of to personal injury by accident arising out of and in
1948 (sec. 4 (4) ) require employers to take steps the course of employment, and fix employer liability.
considered necessary to remedy defects observed However, they do not cover casual workers, domestic
(by inspectors) in plant, layout, working methods , servants, nonmanual workers whose earnings exceed
supervision, medical or sanitary provisions, or M$400 per month (M$500 per month in Sarawak ),
other areas at any place of employment, if the Com outworkers ( persons to whom articles or materials
missioner for Labour has reasonable cause. to believe are given for processing off the premises), police
there is a threat to the health or safety of the officers, any member of the family of the employer
workers. who dwells with him in his home, and tributers
In addition to the general provision on safety in (persons who work on shares).
the Labour Ordinance, Sabah has a Machinery The heads of the various labor ministries or labor
Ordinance (1920) which contains provisions on departments may require that employers be insured
worker safety. The rules under the Machinery by an approved insurer, and many employers
Ordinance provide for the inspection of power throughout Malaysia are. Employers may, instead
driven machinery and registration of operators, to of insuring their liability for workmen's compensa
ensure that adequate safety standards are main tion, deposit such sums of money with the govern
tained . The Machinery Ordinance, according to ment labor agency, or furnish such other security,
government labor officials, is “ very much out of as may be approved by the government; the deposit
date.” or other security is to be used by the government to
78
pay compensation to the depositors' employees as compensation depends on whether the disease
necessary causes death or disability.
The maximum payment for death under the pro The employed person must notify his employer
visions of the Workmen's Compensation Ordinances within 7 days after an accident has occured and must
of peninsular Malaysia, Singapore, Sarawak , and file for compensation within 6 months from the date
Sabah, is M$7,200 by lump-sum payment. For of the accident ; the statutes provide that failure to
permanent total disability , the maximum payment meet these deadlines is not a bar to claims if reason
is M$9,600 depending on the age of the employed able cause for failure exists. The employer must
person ;55 an additional 25 percent of the amount notify the Commissioner for Labour within 10 days
payable to a person with permanent total disability after the accident. The statutes make the employer
may be claimed when the disabled person must have liable for injuries sustained by workers of independ
the constant help of another person , if this is ent contractors but require that he be indemnified
certified by a doctor. by such contractors. The employer must file returns
The Workmen's Compensation Ordinances of in the Ministry or Department of Labour showing
peninsular Malaysia , Singapore, Sarawak, and Sabah compensation paid.
contain provisions for permanent partial disability. The Commissioner for Labour in peninsular
The sum payable is equal to the percentage (as
Malaysia, Singapore, Sarawak , or Sabah may con
assessed by a physician) of the compensation payable duct an inquiry if any question arises under the
in the case of permanent total disability which is
proportionate to the permanent loss of earning provisions of the Workmen's Compensation Ordi
nance of the area concerned . In the event it cannot
capacity caused by the injury .56 The types of be settled at this level, it shall be decided (except in
injury and the minimum percentage of loss of earning
capacity are as follows: Sabah) by an arbitrator - usually the President of
the Sessions Court in Peninsular Malaysia, the
Minimum percentage
of loss of earning
Official Assignee and Public Trustee in Singapore,
Injury capacity and the Commissioner for Labour in Sarawak. The
Loss of an arm above or at the elbow ... 70 arbitrator's decision is not appealable unless a judge
Loss of an arm below the elbow .. 60
Loss of a leg above or at the knee ... 60 certifies that it involves a question of law which it is
Loss of a leg below the knee ....
Permanent total loss of hearing ---
50
50
desirable in the public interest to have determined by
Permanent total loss of hearing in one ear. 20 the High Court. A workmen's compensation case
Loss of sight of one eye ... 30 thus brought to the High Court is appealable to the
Loss of thumb ... 25
Loss of one joint of thumb.- 10 Court of Appeal. In Sabah, questions arising under
Loss of index finger---- 10
5
the Workmen's Compensation Ordinance are decided
Loss of any finger other than index finger . by the High Court ; a decision of the High Court
Loss of great toe----- 10
Loss of all toes of one foot --- 20 certified by a judge as involving a question of law
NOTE : Complete and permanent loss of the use of any listed limb or may be submitted to the Court of Appeal.
member is deemed equivalent at least to the loss of that limb or member.
Peninsular Malaysia had 14,213 industrial acci
Where temporary disability, whether total or partial, dents in 1961. Of these, 13,164 resulted in temporary
results from an injury, the employer is required to disability, 767 in permanent partial disability, and 10
pay the injured person M $65 or an amount equal in permanent total disability ; 272 were fatal. For
to one-third of his monthly earnings, whichever is the first 8 months of 1964, Singapore accidents
less, on every 15th day after the injury for the reached 5,118, of which 59 were fatal, 296 resulted in
entire period of disablement, or for 5 years, which permanent disability, and 4,763 caused temporary
ever is shorter. Employers are also required to pay disability. From September 1962 through December
compensation for occupation-connected diseases con 1963, Sarawak had a total of 441 industrial accidents,
tracted by their employees or workers; the amount of of which 14 were fatal, 59 resulted in permanent, and
368 in temporary , incapacity. Sabah had a total of
55 Where the employed person is 18 years old or more, he is entitled to a 854 reported accidents in 1961 (810 in 1962) , of
lump sum equal to 48 months' earnings or M $ 9,600, whichever is less; if
he is 16 but not over 18 years, he is entitled to a lump sum equal to 72 which approximately 37 were fatal (58 in 1962) .
months' earnings or M $ 9,600, whichever is less. If the employed person is In 1961 , most accidents in peninsular Malaysia
under 16, he is entitled to a lump sum equal to 96 months' earnings or
M $ 9,600, whichever is less . were on the rubber estates (6,201 ) , in the construc
56 Earnings include, in addition to actual money earnings, any privilege tion industry ( 1,348) , in the water transport industry
or benefit whose value can be estimated in money, except travel allowances
and contributions by the employer to any pension or provident fund. (897) , on the oil palm estates (715) , and in the
79
1
sawmill industry (698) . Over 50 percent of the visors. Moreover, they declare, the prevailing
accidents in Sarawak and Sabah occurred in the system of payment by piece rates (in those indus
logging and sawmilling industry in 1962 and 1963. tries) “ means that safety measures are apt to be
According to government labor officials, the accident sacrificed to greater output.” In proportion to the
rate in logging and sawmilling is aggravated by the number of workers employed, the accident rate in
fact that much of the felling of trees is done by Sabah is generally lower in large firms, which have
inexperienced workers under inexperienced super higher standards of care and supervision .
81
from the Central Provident Fund . Civil servants Length of employment Benefit 1
6 months to 12 months.-- 100 percent of 1 month's salary.
have Widows' and Orphans' Pensions Ordinance 1 year but less than 10 . An additional 55 percent of 1 month's
benefits. Singapore's Labour Ordinance contains salary for each year after the first.
10 years but less than 16 .----- An additional 70 percent of 1 month's
provisions on maternity benefits. The Singapore salary for each year above 9.
Government has a free medical program which 16 years but less than 20 ------ An additional 90 percent of 1 month's
salary for each year above 15.
extends to pregnancies. 20 years and over An additional 100 percent of 1 month's
salary for each year above 19.
Sarawak and Sabah have no social security
legislation for persons in private industry apart from 1 The maximum may not in any case exceed 18 months' salary.
workmen's compensation laws and the provisions on The same agreement also stipulates that where an
maternity benefits contained in the Labour Ordi employed person, through no negligence or miscon
nances of both states, and in Sabah’s Public Health duct on his part, becomes physically unfit to perform
Ordinance of 1960. This ordinance is a comprehen his job satisfactorily, and such physical disability is
sive modern code of law on all aspects of public certified by a company -approved medical practi
health . tioner, the company may consider (but is not re
In peninsular Malaysia and Singapore, Depart quired to) a medical termination which would pro
ments of Social Welfare concentrate on care of vide the following benefits:
Length of employment Benefit 1
children and of the aged and disabled , training of
6 months to 12 months...- 100 percent of 1 month's salary.
the physically handicapped, general welfare and 1 year but less than 10 .------- An additional 65 percent of 1 month's
relief, support of voluntary organizations, and salary for each year after the first.
10 years but less than 16 .----- An additional 80 percent of 1 month's
development of youth activities. In Sabah and salary for each year above 9 .
Sarawak, Social Welfare Councils have been set up 16 years and over ... An additional 100 perecnt of 1 month's
to provide similar services and aid . The work of salary for each year above 15.
1 The maximum may not exceed 18 months' salary.
voluntary social welfare bodies is also of significant
importance ; these are often supported partially by Still other peninsular Malaysian agreements specify
government grants. Throughout Malaysia , free only that a retirement benefit will be paid, the
medical treatment can be obtained by those who amount to be decided by peninsular Malaysia's
need it . Industrial Court in accordance with the provisions
of the Industrial Courts Ordinance, and any award of
the Court to be binding on both parties.
Private Insurance and Retirement Systems
Some labor unions in peninsular Malaysia have
Many employers in Malaysia have their own also established benevolent funds to provide finan
cial assistance to members and their dependents in
retirement systems which, in the case of peninsular
Malaysia and Singapore , are equal to or more liberal the event of retirement, including resignation, or
on the death of any member. Generally, members
than those provided by law. Retirement or pension
plans vary considerably; benefits usually are based make a fixed monthly contribution to the fund , and
on length of service and in some instances on the benefits are payable after membership of at least
2 years . The amount of benefit varies with the
salary or wage at the time of retirement (usually at
age 55) . Retirement benefits are paid in a lump sum. length of membership in the fund, and is made up
of the amount credited to the member's account
Many collective bargaining agreements throughout from his monthly contributions together with an
Malaysia contain provisions on retirement; a few additional contribution from all members of the
examples from existing collective agreements in the
various parts of Malaysia provide some indication of fund ranging from 30 cents to M $3 per member.
the extent of benefits. Benefits from the benevolent funds may also include
educational scholarships and study grants for
In peninsular Malaysia, one agreement provides members and their dependents.
for retirement benefits to all workers covered by it In Singapore, a number of employers provide a
who have worked on the estate for not less than 15 " gratuity benefit " in the event of retirement (at
years, at the rate of M$25 for every completed year age 55) , death, or termination of employment on
of service. Another peninsular Malaysian collective medical grounds. The benefits vary considerably
agreement provides benefits upon termination of and are usually determined by length of service.
work , except for misconduct or breach of contract, Generally, benefits are calculated as either 1 or 2
as follows: weeks' salary or wage per year of service, or a
82
percentage of the monthly salary or wage. The salary Contributions to this " local staff fund ” are cal
or wage on which the benefits are calculated is culated on the basic wage or salary only, exclusive
generally the last received. of commission , overtime, and other allowances.
Many of the collective bargaining agreements in Benefits are payable on retirement after 5 years'
Singapore contain clauses on gratuity benefits. service. The agreement also specifies a retirement
Some are general, to the effect that the retirement or benefit because of ill health after 5 years' service,
gratuity benefit will be determined between employer amounting to 25 percent of the last month's salary
and union at the time an employee or worker retires. for each year of service.
Others stipulate the benefit provided in detail. Government employees 60 throughout Malaysia
Still others provide a sliding scale of benefits, in receive retirement pensions under noncontributory
creasing with the number of years of employment. pension plans. Retirement is compulsory for both
An upper limit is generally fixed ; the maximum men and women at age 60, according to the provi
amount, in at least one instance, reached 35 months' sions of the Pensions Ordinance of 1951 as amended.
salary. Usually, the agreements specify a minimum Men may retire at age 55 on application. Retire
employment period necessary for benefit eligibility . ment of women may be required at age 45 ; they may
Several agreements fix 5 to 7 years for medical also apply to retire at that age. Earlier retirement
benefits and 5 years or more for death and retire is provided under the following circumstances : ( 1)
ment benefits. On medical grounds; (2) on reaching age 45 in the
One agreement in Singapore stipulates 3 weeks' case of police officers below the rank of assistant
pay for each year of employment, based on the last superintendent of police and prison officers below
salary received . Still another agreement provides the rank of superintendent; and (3) in the case of
benefits for retirement, death, or medical retirement women officials, on marriage. The rate of govern
ranging from 112 months' salary after less than 5 ment pension depends on the length of qualifying
years of employment to 5 months' salary after 20 employment and the amount of pay. Up to 25
years. Retirement benefits in Singapore are paid in percent of the pension may be committed for a
a lump sum. By mutual agreement, employees or lump sum.
workers may be employed beyond the 55 -year age Officials holding nonpensionable posts in the
limit, up to age 60. Some unions in Singapore also government service receive a lump -sum payment,
have credit and mutual benefit funds which pay subject to a qualifying employment period of 10
small sickness, death, or unemployment benefits. years. In Sarawak, the payment amounts to 1
A few employers in Sarawak and Sabah have month's pay for each year of service. Some non
established provident funds for their regular pensionable employees in peninsular Malaysia are
employees or workers. The benefits vary consider required to become members of the Employees'
ably, generally based on length of employment. Provident Fund on the same terms as nongovern
Retirement age is 55 and can be extended to age ment employees in the Fund. Protection against
60 by mutual agreement. Some employers also pay injury or occupational disease is also available to all
benefits for retirement for medical reasons and for government employees and their survivors in the
death . Benefit payments are usually in a lump sum. event of death or permanent disability. Govern
A few collective bargaining agreements in Sarawak ment employees are entitled to medical leave with
and Sabah contain clauses on retirement benefits full pay up to 90 days per year, with extensions up
after a minimum of 5 years' service. The retirement to an additional 90 days for such diseases as tuber
benefit is calculated on the basis of 10 percent of culosis and leprosy . There is also a compulsory
the total basic salary or wage (excluding overtime, contributory Widows' and Orphans' Pensions
bonus, commissions, and allowances) earned at the Scheme for those pensionable employees who are
date of retirement. monogamous. Medical treatment is available for
At least one collective agreement in Sabah pro all government officials and their families free of
vides for the following employer and employee charge, but prescribed charges are made for treat
contributions to the “ local staff provident fund ” : ment in government hospitals.
Contributions (percent)
Length of employment 60 Federal and State officers in those positions declared by the government
( continuous) Company Employee to be pensionable positions, which include permanent government per
Un er 11 years . 10 5 sonnel. The remaining government personnel, such as persons serving in
11-20 years- temporary positions, daily rated personnel, and certain clerical personnel in
1212 712
15
various government departments, are in nonpensionable positions, and do
21 years and over . 10 not come under the provisions of the Pension Ordinance.
83
The government retirement plan for pensionable ment income on a monthly basis instead of a lump
personnel is generally considered more liberal than sum payment. Moreover, many employees and
most private plans ; the benefits are generally greater, workers in private industry are not protected by
and the employee is assured of a continuing retire any pension plan .
84
Appendix A. Principal labor laws of Malaysia, 1964
I. Peninsular Malaysia Workmen's Compensation (Amendment) Act, 1960.
Workmen's Compensation ( Amendment) Regulations, 1961.
The Rump Labour Code (Chapter 154 of the Laws of the Machinery Ordinance, 1953.
Federated Malay States) , April 25, '1933. Machinery (Safety, Health, and Welfare) Regulations, 1956.
Wages Councils Ordinance, 1947. Machinery (Administration ) Regulations, 1957.
Wages Regulation (Shop Assistants) Order, 1963. Machinery (Steam Boiler and Unfired Pressure Vessel)
The Children and Young Persons Ordinance, 1947. Regulations, 1957.
( Administered and enforced partly by the Ministry of Machinery (Amendment) Ordinance, 1959.
Labour and partly by the Department of Social Welfare .) Machinery ( Administration ) (Amendment ) Regulations,
Industrial Courts Ordinance, 1948. 1962.
Industrial Court and Courts of Inquiry Rules ( these rules Employment Information Ordinance, 1953.
are identical with the Industrial Court and Courts of Employment Ordinance, 1955.
Inquiry Rules, 1941, which were established under the Employment (Amendment) Ordinance, 1956.
repealed Industrial Courts Enactment, 1940) . Employment Regulations, 1957.
Trade Disputes Ordinance, 1949. Employment (Procedure- Reciprocal Provisions) Regula
Trade Disputes (Notice) Regulations, 1951 . tions, 1957.
Trade Disputes (Amendment) Ordinance, 1956 . Employment (Employment of Women ) (Female Con
Arbitration Ordinance, 1950. ductors) Regulations, 1958.
Weekly Holidays Ordinance, 1950. Employment (Amendment) Act, 1961 .
Weekly Holidays Rules, 1951 . South Indian Labour Fund Ordinance, 1958.
Weekly Holidays (Amendment) Ordinance, 1957. Trade Unions Ordinance, 1959.
Weekly Holidays (Amendment) Act, 1961. Trade Unions Regulations, 1959.
Weekly Holidays (Amendment) Rules, 1961 .
Pensions Ordinance, 1951 (Government) II. Singapore
Pensions Regulations, 1957 (Government)
Pensions (Special Provisions) Ordinance, 1955 (Government) Trade Unions Ordinance, 1941 .
Pensions Regulations, 1957 (Government) Trade Unions (Amendment) Ordinance, 1959.
Pensions (Amendment) Regulations, 1957 (Government) Trade Unions (Amendment) Ordinance, 1963.
Pensions (Special Provisions) (Amendment) Ordinance, Trade Disputes Ordinance, 1941 .
1957 (Government) Trade Disputes (Amendment) Ordinance, 1960 .
Pensions (Amendment) Regulations, 1958 (Government) Arbitration Ordinance, 1953.
Pensions (Temporary Provisions) Ordinance 1958 (Govern Workmen's Compensation Ordinance, 1955 .
ment) Workmen's Compensation (Amendment) Ordinance, 1957.
Pensions (Public Authorities Act) , 1962 (Government) (Effective from April 1955.)
Employees' Provident Fund Ordinance, 1951 . Central Provident Fund Ordinance, 1955.
Employees' Provident Fund Regulations, 1952. Central ProvidentFund (Amendment No.2) Ordinance, 1955.
Employees' Provident Fund Rules, 1952. Central Provident Fund (Amendment) Ordinance, 1957.
Employees' Provident Fund (Amendment) (No.2) Act, 1960. Central Provident Fund (Amendment) Ordinance, 1963.
Employees' Provident Fund (Amendment) Rules, 1962 . Central Provident Fund Rules, 1964.
Employees' Provident Fund (Amendment) Regulations, Criminal Law ( Temporary Provisions ), 1955.
1963. Labour Ordinance, 1955.
Employees' Provident Fund (Amendment) Rules, 1963. Labour (Amendment) Ordinance, 1957.
Employees' Provident Fund First Schedule (Amendment) Clerks' Employment Ordinance, 1957.
Order, 1963. Shop Assistants' Employment Ordinance, 1957.
Employees' Provident Fund (Amendment) Act, 1963. Seamen's Registration Board Ordinance, 1957.
Employees' Provident Fund ( First Schedule Amendment) Employment Agency Ordinance, 1958.
Order, 1964. Factories Ordinance, 1958.
Employees' Provident Fund (Amendment) October 1964. Factories (Amendment) Ordinance, 1959.
Workmen's Compensation Ordinance, 1952. Industrial Relations Ordinance, 1960.
Workmen's Compensation Regulations, 1953 . Industrial Relations (Amendment) Ordinance, 1962.
Workmen's Compensation (Amendment) Ordinance, 1956. Economic Defence Ordinance, 1963.
Economic Defence ( Direction of Employment) Ordinance,
Change in the principal labor laws are shown in appendix J. 1963.
85
Appendix A. Principal labor laws of Malaysia, 1964 — Continued
III. Sarawak Gaming Ordinance, 1930 .
Trade Unions and Trade Disputes Ordinance, 1947.
Trade Unions Ordinance, 1948. Trade Unions Regulations, 1949.
Trade Unions Regulations, 1948. Trade Unions and Trade Disputes (Amendment) Ordinance,
Trade Unions (Application of Funds) Notification , 1961 . 1949 .
Trade Unions (Amendment) Ordinance, 1961 . Trade Unions and Trade Disputes (Amendment ) Ordinance,
Trade Unions (Amendment) Ordinance, 1962. 1960 .
Trade Disputes Ordinance, 1948 . Trade Unions and Trade Disputes (Amendment ) Ordinance ,
Labour Ordinance, 1952. 1963 .
Weekly Holidays Ordinance, 1956. Labour Ordinance, 1948.
Workmen's Compensation Ordinance, 1957. Labour (Amendment) Ordinance, 1955.
Workmen's Compensation (Amendment) Ordinance, 1960. Labour (Amendment) Ordinance, 1957.
Essential Services Arbitration Ordinance, 1958. Labour (Amendment) Ordinance, 1959.
Workmen's Compensation Ordinance, 1955.
IV. Sabah 2 Workmen's Compensation (Amendment) Ordinance, 1957.
Essential Services Arbitration Ordinance, 1959.
Machinery Ordinance, 1920.
Wages Councils Ordinance, 1960.
Merchant Shipping Ordinance, 1960 .
2 Peninsular Malaysia's Trade Unions Ordinance was extended to Sabah
and Sarawak in April and August 1965 , respectively . Public Health Ordinance, 1960.
86
Appendix B. Mainland Malaysia: Federations of trade unions and
their affiliates, December 1963
1. Federation of Malay Teachers' Unions, Federation of Federation Broadcasting Staff Union .
Malaya. ( Kesatuan Persekutuan Guru2 1 Melayu, Perseku Public Works Department Storekeepers' Union, Federation
tuan Tanah Melayu - K.P.G.M ., P.T.M. ). of Malaya.
Affiliates: Kesatuan Pegawai2 Hutan Melayu Sa -Malaya.
Kesatuan Guru2 Melayu Perak . Kelantan Clerical Services Union.
Kesatuan Guru2 Melayu Perlis. Federation Armed Forces Civilian Staff Union .
Kesatuan Guru2 Melayu Kedah . Immigration Service Union, Federation of Malaya.
Malay Teachers' Union, Penang and Province Wellesley. Employment Exchange Staff Union.
Kesatuan Guru2 Melayu Johore. Dental Services Union, Federation of Malaya.
Malacca Malay Teachers' Union ( Kesatuan Guru2 Melayu Central Mental Hospital Employees' Union.
Melaka ) . National Union of Teachers, Federation of Malaya.
Kesatuan Guru2 Sekolah Kebangsaan Pahang. Malayan Veterinary Assistants' Union.
Malay Teachers' Union Kelantan ( Kesatuan Guru2 Melayu Kesatuan Pegawai2 Petempatan, Persekutuan Tanah
Kelantan ). Melayu ( Settlement Officers' Union, Federation of
Kesatuan Guru2 Melayu Trengganu . Malaya ) .
Kesatuan Guru2 Melayu Negri Sembilan . Persatuan Pegawai2 Petempatan , Johore
2. Federation of Government Junior Staff Unions, Federation ( Johore Settlement Officers' Association ).
of Malaya. The Government Medical Staff Union, Perak.
Affiliates: Government Marine Officers' Union, Federation of Malaya .
Government Junior Staff Union, Kedah / Perlis. Government Medical and Health Employees' National
Government Junior Staff Union, Penang and Province Trade Union ( 1939 ).
Wellesley. Union of Asian Field Officers, Department of Mines,
3. Congress of Unions of Employees in the Public and Civil Federation of Malaya.
Services ( CUEPACS ). State Civil Service Association, Federation of Malaya.
Affiliates : Pahang Medical Staff Union.
Union of Post Office Workers . Senior Officers' Association, Malayan Railway.
Labour Officers Union of the Federation of Malaya. Kesatuan Kebangsaan Pegawai2 Pentadbir Pelajaran,,
Malayan Film Unit Staff Association . Persekutuan Tanah Melayu .
Game Department Employees' Union . National Union of Hospital Assistants, Federation of
Malayan Nurses' Union. Malaya.
Malayan Technical Services Union . Road Transport Department Senior Officers' Association
Income Tax Officers' Union . ( 1960 ) .
Police Administrative and Clerical Services Union. The Union of Social Workers ( 1957).
Laboratory Assistants' Union. The Assistant Customs Officers' Association, Federation of
Customs Services Union, Federation of Malaya . Malaya.
Anti-Malarial Staff Union .
Kesatuan Pekerja2 Laut Kerajaan , Persekutuan Tanah
Government Printing Department Employees' Union . Melayu.
Federation X-Ray Staff Union .
Civil Aviation Air Traffic Control Services Union. Government Junior Staff Union, Kedah and Perlis.
Social Welfare Assistants' Union, Federation of Malaya . Union of Postal Uniformed Staff, Federation of Malaya.
Government Temporary Officers' Union, Federation of Kesatuan Pekerja2 Obatan dan Kesihatan , Negri Sembilan .
Malaya. Kesatuan Pekerja2 Perkhidmatan Bomba, Persekutuan Tanah
Town Council and Rural Board Overseers' Union , Federa Melayu .
tion of Malaya. National Union of Government Office Workers , Federation
Executive Officers' Union, Federation of Malaya. of Malaya .
Road Transport Examiners' Union . The Selangor Government Medical Services Union.
Government Junior Staff Union, Perak. Public Health Inspectors' Union, Federation of Malaya.
Chinese Affairs Officers' Union, Federation of Malaya . National Union of Telecoms Employees, Federation of
Malaya.
1 The plural of a word in the Malay language is indicated by the number The Government Bookkeepers' Union, Federation of
2 following the word. Malaya .
87
Appendix B. Mainland Malaysia: Federations of trade unions and
their affiliates, December 1963—Continued
Affiliates — Continued Railwaymen's Union of Malaya.
The Government Storekeepers' Union, Federation of Technical College Teaching Staff Association .
Malaya. The Medical Services Union, Malacca .
Kesatuan Kebangsaan Pekerja2 Gaji Hari Kerajaan , Audit Officers' Union , Federation of Malaya .
Persekutuan Tanah Al elayu . Amalgamated Union of Employees in Government Clerical
Educational Institutions Division IV and Daily Rated and Allied Services.
Employees Union, Federation of Malaya.
Union of Cooperative Inspectors, Federation of Malaya . SOURCE : States of Malaya , Annual Report of the Trade Unions Registry,
National Union of Government Dispensers. 1963 ( Kuala Lumpur, 1964 ), pp. 41-43.
88
Appendix C. Mainland Malaysian trade unions with
membership exceeding 2,000, December 1963
Name of union Membership
iiiiii
iiiii
National Union of Plantation Workers (NUPW) . 120,265
Railwaymen's Union of Malaya ----- 10,896
National Union of CommercialWorkers 9 , 297
War Department Civilian Staff Association .. 7,233
!!
National MiningWorkers' Union of Malaya. 4,985
The East Coast Mining Industry Workers' Union . 4,045
Government Medical and Health Employees' National Trade Union (1959). 3,878
Malayan Technical Services Union ... 3,763
National Union of Bank Employees 3,730
Kesatuan Kebangsaan Guru2 Sekolah Kebangsaan, Persekutuan Tanah Melayu . 3 , 196
National Union of Telecoms Employees. 3,054
Central Electricity Board Employees' Union -- 2,922
Harbour Trade Union , Port Swettenham. 2,622
Transport Workers' Union , Federation of Malaya .. 2,528
NationalUnion of Teachers, Federation of Malaya 1 2,478
Women Teachers ' Union , Federation of Malaya- 2,368
Government Workers' Union , Kedah / Perlis. 2,226
All Malayan Estates Staff Union ... 2,049
Public Works Department Employees' Union of Perak .. 2,022
1 Affiliated with the International Federation of Free Teachers' Union SOURCE : States of Malaya, Annual Report of the Trade Unions Registry,
(IFFT) . 1963 (Kuala Lumpur, 1964 ), 3.
89
Appendix D. Singapore: Registered trade unions, September 1964
Union Affiliation 1 Estimated
membership
iiiii
Public Daily Rated Sewerage Workers' Union. NTUC 950
iiiiii
Public Daily Rated Cleansing Workers' Union . NTUC . 2,310
Public Daily Rated Nightsoil Employees' Union NTUC 600
The Singapore Printing Employees' Union ... NTUC 650
Rattan Workmen's Benevolent Union .. NTUC . 200
AmalgamatedMalayan Pineapple Workers' Union . (2) . 400
Singapore Coffee Shop Employees' Union .. (2) 300
Singapore Traction Company Employees' Union . NTUC.. 3,300
80
Singapore Undertakers’ Service Association ... Independent.
Independent 160
Singapore Chinese Newspaper Distributors' Association .
Singapore Rubber Commission Import and Export Labour Union .. NTUC ... (5)
Air Ministry Local Staff Union ... Independent . 4,500
Public Daily Rated Water Workers' Union . NTUC . 1,450
Public Daily Rated Health Workers' Union . NTUC . 1,265
iiiiii
Aiiii
Public Daily Rated Road Workers' Union . NTUC . 1,360
Chinese Tailors' Union .-- Independent . 750
iiii
The Singapore Government Administrative and Clerical Services Union . Independent. 1,700
Singapore Rattan Workers' Union .. (2) . 180
ii
10ii
NTUC ..
10,000
ii
Army Civil Services Union .-- Independent; PSI .
Public Daily Rated Transport Workers' Union .. NTUC .. 820
Singapore Medical Workers' Union .. NTUC .. 1,000
Malayan Gold and Silver Workers' Union, Singapore Branch . Independent 320
Singapore Malay Teachers' Union ... Independent. 440
Singapore Dance Hostesses' Association . Independent . 300
Public Daily Rated Architectural Workers' Union.. NTUC .... 800
Singapore Merchant Navy Officers' Association . Independent 100
The Musicians' Union of Singapore .. NTUC .. 225
Singapore Tong Loke Shoemakers' Union .. ( 2) 250
The Singapore Tamil Teachers' Union ... NTUC 100
250
Singapore Granite Quarry Workers' Union. ( 2) ---
iiii
( 2)
The Singapore Motor Workshops Employees' Union ... (2) 2,200
220
Singapore Europeans' Employees' Union ... (2)
3,700
Singapore Textiles and General Merchants' Emplovees ' Union . (2)
180
TheSingapore Pork -Butcher Shops and Abattoir Workers' Union. NTUC
NTUC 150
Islay Kerr Local Employees' Union .. 800
The Singapore Insurance Companies' Employees'Union . NTUC .
The Singapore Resturants, Bars , Eating and Coffee Shops Employees' Union . ( 2) . 1,020
The Singapore Cable and Wireless Staff Union ... NTUC ; PTTI 520
Reuters Local Employees' Union, Singapore . Independent . 80
60
Singapore Rattan Workers' Mutual Aid Union . (2)
90
Appendix D. Singapore: Registered trade unions, September 1964
-Continued
Union Affiliation 1 Estimated
membership
The Singapore Catering Services, Staff and Workers' Trade Union ... ( 2). 1,500
The Commissioner-General's Local Employees' Union ... NTUC . 250
Singapore Rubber Employees' Union .. ( 3) 1,500
Singapore Union ofBrewery , Bakery,Confectionery, Canning and Drinks Workers (2) . 90
Singapore Union of Workers of Boat- Building Industry 290
Singapore Metal Manufacturing Workers' Union ... (2) 50
Singapore Marine Products Workers' Union ... (2) . 1,100
Singapore Toddy Tappers' Union. NTUC. 75
Racecourse General Employees' Union . NTUC .
Singapore Firewood and CharcoalWorkers' Union . NTUC .
The Singapore Commercial House and Factory Employees' Union . 3,200
The Singapore Metal Box Workers' Union . ( 2) 350
Singapore Solicitors' Staff Association .. Independent . 250
Public Daily Rated Market and Hawkers Workers' Union . NTUC . 200
Ship Cleaning Workers' Union, Singapore (2) 410
Senior Officers' Association of the Public Services Independent . 90
The Singapore Manual and Mercantile Workers' Union. NTUC; IFCCTE . 20,000
Malayan Airways /Qantas Empire Airways Local Employees' Union . NTUC ; ITF 1,700
Singapore GovernmentMedical and Dental Officers' Association . Independent 230
The Malayan Airways- Pilots'Association of Singapore . Independent 100
The United Workers of Petroleum Industry NTUC ; IFPCW 2,800
Singapore National Union of Journalists. NTUC .. 110
Pioneer Industries Employees' Union ... NTUC . 300
The Singapore Bank Officers' Association . NTUC .. 50
The Amalgamated Union of Public Employees . NTUC ; PTTI; 30,000
and PSI
91
Appendix E. Sarawak: Registered trade unions, October 1964
Union Membership
Total .. 14,068
Piiii
Sarawak 1st Division Workers' and Labourers' Union 2 2,233
Sarawak 1st Division Building Workers' Union 2 301
234
Bus Employees' Union , 1st Division .-
)
3
(
Sarawak Wharf Labourers' Unions Federation 3
Sibu Wharf and Port Labourers' Union 2 323
Kuching Wharf and Port Labourers ' Union 2 370
Dalat Wharf Labourers' Union .... 17
Kapit Wharf Labourers' Union 18
12
Song Wharf Labourers' Union .. 16
Bintulu Wharf Labourers' Union .
Miri Wharf Labourers' Union ... 71
Binatang Wharf Labourers' Union . 31
Saribas Wharf Labourers' Union .. 12
11
Limbang Wharf Labourers' Union . 9
Baram Wharf Labourers' Union ..
Mukah Wharf Labourers' Union . 14
Sarikei Wharf Labourers' Union . 47
12
Saratok Wharf Labourers' Union ..
1 The Kuching Commercial Employees' Union and the Sibu Commercial Note : Sarawak trade unions have no international trade union affilia
Houses Clerical Employees' Union have since merged to become the tions.
Sarawak Commercial Employees'Union . SOURCE : Government of Sarawak, Department of Labour. Annual Re
2 Communist or Communist influenced . port of the Department of Labor, Sept. 1962- December 1963 (Kuching Sarawak ,
3 Not available. 1964 ).
92
Appendix F. Sabah : Registered trade unions, October 1964
Union Membership 1
Total.-- 8,365
1 Membership figures are for 1963. SOURCE : Department of Labour and Welfare, Jesselton, Sabah, October
1964 .
93
Appendix G. Mainland Malaysia: Employers' organizations, August 1964
State Organization and address
Johore ... Johore Transport Employers' Association , 10 Jalan Tengku Azizah , Johore Bahru .
Malacca ------ South Malaya Printing Employers' Association, 31 Newcome Road, Malacca.
Penang Bakery Owners' Association, Penang and Province Wellesley , 114 Transfer Road , Penang .
The Lighter Owners' Association (1960) Penang , 6 Kampong Kolam , Penang.
The Stevedore Employers' Association, Penang and Province Wellesley, 11 Bishop Street, Penang.
Perak Firewood and Charcoal Trade Association, Taiping, 151 Market ( Second floor), Taiping.
Perak Printing Press Association, 89 Brewster Road (First floor), Ipoh.
Perak Timber Merchants' Association, 2 Jalan Che Tak , Ipoh .
The Malayan Mining Employers' Association , 1 Post Office Road, Ipoh.
Selangor... Central Malaya Printing Employers' Association , 149 Petaling Street, Kuala Lumpur.
Malayan Commercial Banks' Association , The Chartered Bank, Kuala Lumpur.
Selangor Timber Trade Employers' Association , 336A Lorong Haji Taib Satu , Off Batu Road, Kuala Lumpur.
The Malayan Planting Industries Employers' Association (Third floor), Mansion House, High Street,Kuala Lumpur.
The Selangor Shoe and Leather Goods Employers' Association, 62- D (Second floor) (Room 2) , Jalan Sultan , Kuala Lumpur .
The Federation of Malaya Employers' Consultative Association (MECA) is registered as a society. Malayan Bank Building, Jalan Bandar,
Kuala Lumpur.
Note : With the exception of the MECA , the employers' organizations SOURCE: States of Malaya Annual Report of the Trade Unions Registry,
in Malaya are registered as " trade unions." 1963 (Kuala Lumpur, 1964), pp. 27-39; and Ministry of Labour, Monthly
Report of the Ministry of Labour, August 1964 (Kuala Lumpur , 1964 ), p. 40
94
1
95
Appendix I. Sarawak : Rates of pay by industry in nongovernment
establishments, January 1963
[In Malaysian dollars)
Wage rate
Industry
Hourly Daily Weekly Monthly
Agriculture:
Tapper 2.50– 4.00
Smokehouse worker 2.00- 4.50
Forestry (Logging ) :
Timber measurer . 165.00–200.00
Sawyer .. 155.00–190.00
Sawmiller 180.00–185.00
Logger1
Metalmining (except iron ore mining) :
Blaster .. 4.00- 6.00
Manual worker . 2.50- 3.50
Crude petroleum and natural gas :
Marine --- 69.60–93.12
Oil production 1.46-1.79
Driver .. 1.46–1.67
Stone quarrying, clay and sand pits :
Blaster ... 249.00
Greaser . 4.50- 5.50
Manual worker 3.30– 8.00
iii
Food manufacturing :
Rice miller .. 170.00–220.00
Oven man . 3.90– 5.00
Flour mixer . 3.40- 3.90
!!
Pressman .- 170.00–250.00
Manufacture of rubber products:
Rubber grader 2.00- 3.00
--- t
Rubber scrapper .
!!!
2.00- 2.70
Rubber packer . 2.00
Manufacture of chemicals and chemical products :
Packer , 2.50- 4.25
-
96
Appendix I. Sarawak : Rates of pay by industry in nongovernment
establishments, January 1963 — Continued
[In Malaysian dollars)
Wage rate
Industry
Community service :
Gardener.. 3.40
Conservation worker . 3.90- 7.00
!!
Public health inspector . 3.40- 4.60
Business service:
Clerical staff .. 125.00-485.00
Mechanic .. 110.00-285.00
Storekeeper. 130.00-460.00
Recreation service:
Manual worker . 3.50- 5.00
Gardener ... 100.00
1 Piece rates at 14.50 per ton . Report of the Department of Labour, September 1962 – December 1963
SOURCE : Government of Sarawak, Department of Labour. Annual (Kuching, Sarawak , 1964) , appendix II, table II (Unpublished ).
97
Appendix J. Changes in labor legislation affecting industrial
relations and trade unions in Malaysia
The year 1965 has been momentous in Malaysia, private services and industries declared “ essential
not only because of the secession of Singapore, but has been reduced to 15 as follows :
also because of newly enacted labor regulations All forms of transport
relating to industrial relations (under authority of Banks
Malaysia's Emergency (Essential Powers) Act of Ports and related services
1964 which gives the government certain powers Rubber planting and processing
because of the confrontation with Indonesia ). Mining and smelting
Timber, logging, and sawmilling
The enactment of the new regulations changes the Rice mills and depots
National Government's approach to industrial Postal, telegraph, and telephone service
relations and the trade union movement from what Gas, electricity, and water services
Medical and health services
was essentially one of laissez faire to rather strict Fire services
control, particularly over strikes and other industrial Petroleum industry
action in 15 sectors of private and public services and Departments of Information , Broadcasting, and Television
industries declared “ essential” under the Essential Department of Civil Defense
Government Printing Department
( Trade Disputes in the Essential Services) Regula
tions, 1965, published in the government's Gazette The services and industries, omitted from the ne
on September 23, 1965. regulations which had been included under th
The Essential (Trade Disputes in the Essential former ones, include : Civilian employees of the polic
Services) Regulations, 1965, applicable throughout and prisons ; National Government departments
Malaysia, repealed two other laws, both enacted customs, public works, civil aviation, drainage
May 14, 1965—The Essential (Prohibition of irrigation, mines, and welfare ; employees of muni
Strikes and Proscribed Industrial Actions) Regula ipalities and local authorities; and workers engage
tions, 1965, and the Essential (Arbitration in the in the coconut, palm oil, and pineapple industries.
Essential Services) Regulations, 1965. The former Under the new law , the Minister for Labour mus
prohibited all forms of industrial action, including make every effort to settle industrial disputes in th
strikes, in some 23 government departments and scheduled essential services either through his ow
services such as public utilities, medical and health initiative or by notice of either party to the dispute
services, defense, civil defense, police, prisons, If, after 21 days , his efforts are unsuccessful, th
immigration , public works, mines, information, Minister, within 7 days, “may ” refer the dispute t
radio and television, and fire services, among others. the Industrial Arbitration Tribunal , which has bee
The latter law prohibited strikes or other industrial reconstituted under this law (the Tribunal consists o
action in 16 sectors of private and quasi- government a chairman, a panel of independent persons, a pane
employment unless the Minister for Labour, after of persons representing employers, and a panela
21 days, decided not to refer the dispute to com persons representing workmen; all are appointed by
pulsory arbitration . The 16 sectors included the the Minister for Labour); the working Tribuna
employees of municipalities and local authorities, consists of the chairman and three members (on
wage and salary earners engaged in the coconut, palm from each of the three panels) . Decisions ar
oil, and pineapple industries, and employees of reached by a majority vote, or in the failure of
banks, newspapers, and the rubber industry, among majority decision, by the chairman. Parties to
others. The latter law also provided for an Industrial dispute are permitted representation by counsel
Arbitration Tribunal “ For the purpose of settling In case of a dispute in the national or state govern
trade disputes in essential services, which cannot ments, the consent of the appropriate Head of Stat
otherwise be determined ...” (art. 3) . must be obtained by the Minister for Labour before
The new law, the Essential (Trade Disputes in the dispute can be referred to the Tribunal.
Essential Services) Regulations, 1965, achieves The awards of the Tribunal are " final and con
essentially the same objective as the two superseded clusive and shall not be challenged, appealed against
laws of May 14, 1965, but is less severe. Under the reviewed , quashed, or called in question in any
new law, the number of categories of public and court ” (art. 9) . Decisions are to be made without
98
delay and, where practicable, within 30 days from and (c) “ vest the powers of intervention in disputes
the date of reference of the dispute to the tribunal. with the minister rather than with the Commissioner
Strikes are prohibited ( 1 ) during the 21-day period for Labour.”
a dispute in an essential service is being mediated by 3. The Trade Unions Act , 1965 (August 9 , 1965 ) .
the Minister for Labour, or the 7 days ' subsequent The law provides wider definition to the Trade
period during which he may decide to refer a dispute Unions Ordinance of 1959 (now applicable to Sabah
to arbitration ; (2) after a dispute has been referred to and Sarawak ). Under the Trade Unions Ordinance
the Industrial Arbitration Tribunal; (3) after the of 1959, any seven persons were able to form a trade
Head of State has withheld consent to refer a dispute union and there was no provision to prevent dis
in a government service to the Tribunal ; and (4) senting groups within a trade union from forming
during the term of an award or agreement made their own trade unions. Under the Trade Unions
under this regulation. Act of 1965, the national registrar of trade unions is
Penalties are provided for noncompliance ; they empowered “ to refuse to register, or to cancel the
registration of, any trade union where he is satisfied
include imprisonment not exceeding 1 year or a fine that there is in existence a trade union in respect of
not exceeding M $ 1,000, or both.
the trade, occupation, or industry concerned and it
Malaysia enacted several other laws in 1965
is not in the interest of the workmen in that trade,
which bear directly on labor, as follows : occupation, or industry that there be other similar
1. Port Workers (Regulation of Employment) trade unions . Under clause 5 of the new law, any
Order, 1965 (August 5, 1965)—was enacted “ to registered trade union is prohibited from forming
ensure greater regularity of employment for port with any other trade union a joint consultative or
workers and to secure that an adequate number of other body except with the prior permission of the
port workers is available for the efficient performance registrar of trade unions. Clause 6 of the new law
of port work .” Thus far, the order is applicable " prohibits the employment by trade unions of
only to the stevedores at the port of Penang. persons who are not resident in the States of Malaya,
2. Industrial Courts (Amendment) Act , 1965 or who hold office in or are employed by, any other
(August 9, 1965) . This law amends Peninsular trade union .”
Malaysia's Industrial Courts Ordinance so as to : 4. Modification of Laws( Trade Unions)
(a) " enable the minister to intervene in and take (Sarawak) (Modification and Extension) Order,
such measures as he may consider necessary to the 1965 (August 19, 1965) . This law provides for
settlement of any existing or apprehended trade the extension of Peninsular Malaysia's Trade Unions
dispute, whether or not such dispute has been Ordinance of 1959 to Sarawak . The extension of this
reported to him ;" (b) " provide for some additional law to Sarawak as extended earlier to Sabah, pro
and less formal machinery to deal with disputes vides the National Government with full authority
which are not of sufficient importance or complexity in regulating trade union organization and activities
as to justify reference to a formal court of inquiry; " in Malaysia's eastern region.
99
Sources of Information on Malaysia and Singapore
The Country, its Government, and its Workers
General
Borneo Literature Bureau . Life in a Longhouse by Hedda Morrison . Printed by Yee Tin Tong Printing
Press, Ltd., Hong Kong. 1962 .
An excellent account of Iban life in a longhouse. Bilingual (English and Malay)
Department of Broadcasting. North Borneo Today. Jesselton , North Borneo (now Sabah ). No date.
Brief description of the people, government, and economy of Sabah .
Economic Development Board . Guide to the Establishment of Industry in Singapore, Malaysia. Singapore .
May 1964.
Brief information on procedural matters likely to be of interest to prospective industrial entrepreneurs
and investors considering the establishment of a manufacturing enterprise in Singapore. Contains informa
tion on business registration , incorporation of companies, banking and insurance business, foreign exchange,
excise duties, certificate of fitness for occupation, labor legislation, provident fund program , and import and
export controls.
Economic Development Board . Industrial Opportunities in Singapore. Printed by the Straits Times Press,
Ltd. Singapore. August 1962 .
An introduction to Singapore, its existing industries, financial services, labor, living conditions, and its
trade by principal countries from 1956 through 1960. In English .
Embassy of Malaysia. Backgrounder. Malaysia Information Service. Washington, D.C. January 1964 .
A series of pamphlets presenting essentially the same material as that contained in Malaysia in Brief.
In English .
Annual Report of the Medical and Health Department, 1963. Kuching, Sarawak . 1964 .
Estimates of Federal Expenditure in respect of Malaya for the year 1964. Kuala Lumpur . 1963.
Volume 1 .
Statistical data on Malaya's statement of accounts, estimates of revenue, and summaries of the estimates
of expenditure with comparisons between 1963 and 1964, and actual expenditures for 1962 .
100
Federation of Malaya: Official Yearbook, 1951. Kuala Lumpur. December 1960.
A survey of Malaya's geography, climate, demography, government, industrial training, employment
services, provident funds and pensions, industrial disputes, labor unions, employer organizations, education,
health, national economy, and armed forces. In English.
Malaysia : Agreement concluded between the Federation of Malaya, United Kingdom of Great Britain
and Northern Ireland , North Borneo, Sarawak and Singapore. Kuala Lumpur. 1963. In English.
The Official agreement establishing Malaysia. Includes the Constitutions of Sabah, Sarawak and
Singapore, and financial arrangements between the states and the National Government.
Malaysia and the World. Published by the Ministry of Culture, Singapore. 1964. In English .
Two speeches by Mr. S. Rajaratnam, Singapore's Minister for Culture, entitled " Malaysia and the
Changing Patterns of World Politics " , and " What is wrong with Big Brother ” , related to the political con
frontation with Indonesia .
Malaysia's Case In the United Nations Securiiy Council . Documents reproduced from the official
record of the Security Council proceedings. Published by Malaysia's Ministry of External Affairs. Kuala
Lumpur. 1964.
Statements made by Dato' Dr. Ismail bin Data' Abdul Rahman, leader of the Malaysian Delegation
to the United Nations Security Council, and statements by the leaders of the other delegations in the meetings
of the Security Council from September 9 to 17, 1964. The statements concern the political confrontation
with Indonesia, specifically Indonesian troop landings in South Malaya in early September 1964.
Our Government, Our Rights, Our Duties. Sarawak Information Service. Kuching, Sarawak. 1964.
A description of the government of Sarawak . In English.
Report of the Commission of Inquiry Into Vocational and Technical Education in Singapore. Singa
pore. 1961 .
Detailed report on in - service training, vocational and technical training, and manpower. In English .
Sarawak Government Staff List, 1963. Parts 1 , 2, and 3. Kuching, Sarawak. 1963 .
Singapore Civil Service: Manual of Salaries and Allowances, 1964. Singapore. 1964. In English.
101
The Battle For Merger. A Ministry of Culture Series on: Towards Socialism , Vol. V. Singapore.
No date.
A series of 12 radio talks between September 13, 1961 , and October 9, 1961 , on the struggle for inde
pendence through merger between Singapore and the Federation of Malaya, presented by Lee Kuan Yew ,
Prime Minister of Singapore .
.
The Constitution of the State of Sabah . Colony of North Borneo, Government Gazette, Extraordi
nary, Vol . XVIII, No. 44. Jesselton . August 19, 1963. In English.
The Federal Consiitution . Attorney General's Chambers. Kuala Lumpur. March 30, 1964. In
English .
Her Majesty's Stationery Office. Iban Agriculture: A Report on the Shifting Cultivation of Hill Rice by the
Iban of Sarawak. Colonial Office, Colonial Research Studies No. 18. London. 1955 .
The Federation of Malaysia. Central Office of Information. Reference Pamphlet 56. London .
1963 .
Hanna, Willard A. Malaysia , A Federation in Prospect . In American Universities Field Staff Reports Service ,
Southeast Asia Series, Volume X, Nos. 1-6 and 11-17 ; Volume XI , Nos. 2-3, 5-6 , and 11-14 ; and Volume
XII, No. 12. American Universities Field Staff, Inc. Madison Avenue, New York. 1963–64.
Hock , Tjoa Soei. Institutional Background to Modern Economic and Social Development in Malaya. Govern
ment Printing Office, Kuala Lumpur. 1963 .
Leifer, Michael. “ Communal Violence in Singapore." An article in Asian Survey, Volume IV, No. 10,
October 1964. Published monthly at Berkeley, California, by the Institute of International Studies,
University of California .
McKie, Ronald. The Emergence of Malaysia. Harcourt, Brace and World, Inc. New York. 1963 .
Mills, Lennox A. Malaya : A Political and Economic Appraisal. University of Minnesota Press. 1958.
Milne, R.S. "Malaysia ” . An article in Asian Survey, Volume IV, No. 2, February 1964. The Asian Survey
is published monthly at Berkeley, California, by the Institute of International Studies, University of
California .
The article concerns the political development of Malaysia.
New York Times. Malaysia, Another Year of Progress. August 30, 1964.
An overall brief review of Malaysia's establishment, economy, health services, and education .
Ooi, Jin-Bee . Land, People and Economy in Malaya. Longmans, Green and Company Ltd. London . 1963 .
Phillips, William T. “ Malaysian Development ” . In SAIS Review , Autumn 1964 ; Doris F. Jackson , ed .
School of Advanced International Studies of the Johns Hopkins University. Washington, D.C. 1964.
The article is on the development of Malaysia.
Rueff, Jacques, Chairman. Report on the Economic Aspects of Malaysia. Report by a mission of the Inter
national Bank for Reconstruction and Development . Kuala Lumpur, Government Printing Office, 1963 .
A report on the economic framework of Malaysia and its effect on the merger of Malaya, Singapore,
102
Sabah and Sarawak into one country. In English .
Shadbolt, Maurice. " In Storied Lands of Malaysia ,” National Geographic Magazine, November 1963.
Washington, D.C.
A general description of Malaysia and its peoples.
Silcock, T.H. , ed ., Readings in Malayan Economics. Published by Donald Moore for Far Eastern Universities
Press, Ltd. , Singapore, 1961 .
Contains a group of articles on economic growth in peninsular Malaysia, and on rubber and tin .
Straits Times Press (Malaya) Ltd. Singapore Trade. Published in cooperation with the Ministry of Finance,
Singapore. Anson Road , Singapore. Various issues for 1963 and 1964.
Published monthly. Describes various aspects of Singapore's trade and economic development. In
English .
Sutter, John 0. " Report from Sabah ” . In SAIS Review , Autumn 1964; Doris F. Jackson , ed . School of
Advanced International Studies of the Johns Hopkins University. Washington, D.C. 1964.
A brief description of confrontation, native peoples, and education .
The Malay Mail. Malaysia : Yearbook, 1963–64. Jalan Pudu, Kuala Lumpur. 1964 .
An excellent overall account of the geography, peoples, politics, government (national and local ),
economy, health, education, and history of Malaysia. In English .
Tourist Promotion Board . Singapore 1964: A Guide for Businessmen and Visitors. Raffles Place, Singapore.
A brief outline of Singapore's geography, government, population, social welfare, housing, communica
tions, cooperative development, and industrialization. In English.
U.S. Department of Agriculture. A Survey of Agriculture in Malaysia. Prepared by the Economic Research
Service, Foreign Regional Analysis Division. Washington , D.C. October 1964.
U.S. Department of Commerce. Basic Data on the Economy of Malaysia. In Overseas Business Reports
prepared by the Bureau of International Commerce. Washington, D.C. March 1964.
Wang, Gungwu, ed . Malaysia, A Survey. Published by Frederick A. Praeger, New York. 1964.
An account of Malaysia's natural and human structure, historical background, society and culture, and
economic development.
Worsnop, Richard L. Malaysia Federation : Union of Convenience. In Editorial Research Reports, Richard
M. Boeckel, editor. Volume 2 , 1963. Washington , D.C. 1963.
Data on labor are published in English, either monthly, quarterly or annually, by the
various labor agencies of government, namely the Ministry of Labour, Malaysia, the Labour
Department, Singapore, the Department of Labour and Welfare, Sabah, and the Department
of Labour, Sarawak . In addition, the national government and the governments of
Singapore, Sarawak and Sabah have published annual yearbooks or annual reports which
contain chapters relating to labor for the year concerned. The Ministry of Labour,
Malaysia, has also published at least one special report directly related to labor. These
publications may be obtained from the Government Printing Office or from the particular
agency responsible for their publication:
The government publications on labor include:
Department of Labour. Annual Report of the Department of Labour, Sarawak, September 1962 - December
1963. Prepared by H.J. Cheesley, Commissioner for Labour, Sarawak . Unpublished.
Information on labor supply and demand , unemployment training, wages movements, hours of work,
annual leave, recruitment, trade unions, negotiating and consultative machinery, trade disputes, safety and 1
welfare, health, social security, women and children , and labor legislation . Contains tables on wages, trade
unions, workmen's compensation, and government training overseas. In English.
Department of Labour and Industrial Relations. Federation of Malaya Report on Employmeni, Unemploy
ment and Underemployment, 1962. Department of Statistics, Federation of Malaya. Kuala Lumpur.
June 1963.
103
A detailed study on employment, unemployment and underemployment in Malaya in 1962. Many
statistical tables on employment . In English .
Department of Labour and Welfare . Summarized Quarterly Labour Returns. Jesselton, Sabah .
Mainly statistical data on labor force by ethnic group, geographic location, and distribution by industry,
estate, and government. Issued quarterly . In English .
Federation of Malaysia. Monthly Statistical Bulletin of the States of Malaya. Department of Statistics.
Kuala Lumpur. Issued monthly.
Data on employees by industry, by occupational groups, and labor force turnover, average wage rates,
and hours and days worked in the tin industry. Issued monthly. In English.
Annual Report of the Ministry of Labour, 1961. Ministry of Labour. Federation of Malaya.
Kuala Lumpur. 1963.
A detailed report of the Ministry of Labour, its organization and function, industrial relations, labor
legislation, trade unions, enforcement, safety, health, and welfare. Contains tables on wages, disputes, etc.
In English .
Government Gazette — Industrial Relations Supplement. State of Singapore. Various dates through
1963, 1964, and 1965.
These are in effect official printed copies of just collective bargaining agreements which have been regis
tered with and certified by Singapore's Industrial Arbitration Court. The collective agreements published
in the Government Gazette present detailed clauses on working conditions and set the pattern of employer
employee relationship for the duration of the agreement. Many contain tables on salaries, wages , and incre
ments for the employees or wage earners covered by the agreement.
Report of the Department of Labour and Welfare, 1962. Department of Labour and Welfare .
Jesselton , Sabah, 1963 .
A general review of the activities of the Department of Labour and Welfare, including industrial rela
tions, living conditions, women and young persons, legislation, international labor conventions, and health ,
safety, and welfare. Contains tables on the labor force, wages, accidents, compensation, and trade unions .
In English.
States of Malaya, Annual Report of the Trade Unions Registry, 1963. Registrar of Trade Unions.
Kuala Lumpur. 1964.
Describes trade union membership and lists the trade unions in Malaya. In English.
Minister for Labour. The Third Report of the President of the Industrial Arbitration Court, 1963. Ministry
of Labour, Singapore. 1964.
Statistical details of the activities of the Industrial Arbitration Court in 1963. In English.
Ministry of Labour. Monthly Report of the Ministry of Labour. Kuala Lumpur. Issued monthly.
Detailed data on a monthly basis for employment, enforcement, industrial relations, unions, negotiations ,
agreements, disputes, strikes, arbitration, wages council, and joint industrial relations machinery. Issued
monthly. In English.
Singapore Labour Department. Monthly Report. Singapore. Published monthly in English .
Date on industrial relations, employment exchanges, training, unions, labor court, workmen's compen
sation , labor inspections, children and young persons, and enforcement. Includes tables on disputes, strikes,
and cases handled by the Labour Court. Published regularly .
Nongovernment publications on labor include :
Gamba, Charles. Labour Law in Malaya. Background to Malaya Series No. 8. Published by Donald
Moore, Singapore. 1957.
104
A general review of the laws concerning labor in Malaya and Singapore and their application to trade
union development and settlement of disputes. Also describes the systems of wage payment for Chinese and
Indian workers. In English.
The National Union of Plantation Workers. Donald Moore, Eastern Universities Press. Sing
apore, 1962 .
The Origins of Trade Unionism in Malaya. Donald Moore, Eastern Universities Press. Singapore,
1962.
International Labor Office. The Trade Union Situation in the Federation of Malaya. Report of a mission
from the International Labor Office, Geneva, 1962.
An excellent account of the trade union movement in Malaya with data on membership, structure,
characteristics, trade union legislation, employer organizations, and labor disputes. In English .
Prevention and Settlement of Industrial Disputes in Asia. Geneva. 1962. (Labor-Management
Relations Series No. 15. )
A detailed account of the prevention and settlement of disputes in Malaya and Singapore, including data
on the government agencies involved .
Josey, Alex. Trade Unionism in Malaya. Donald Moore, Eastern Universities Press. Singapore. 1958 .
Malayan Trades Union Congress. Annual Report 1962–1963. Kuala Lumpur. 1963.
Malaysian Trades Union Congress. Report of the General Council of the Malaysian Trades Union Congress,
1963–64. Kuala Lumpur. Presumably 1964.
National Union of Plantation Workers. 2nd Triennial Report for 1959–1962. Petaling Jaya, Selangor,
Malaya. 1962.
A detailed report of the activities of the National Union of Plantation Workers in Malaya. Among other
things, data are presented on industrial relations, social insurance, and the relation of the NUPW with the
government.
105
3
The Division of Foreign Labor Conditions has also issued
Report
number Title Price
--
244 Labor Law and Practice in Haiti (August 1963) . 40 €
269 Labor Law and Practice in Saudi Arabia (April 1964) 35€
285 Labor Law and Practice in Sweden (December 1964) 40 €
268 Labor Law and Practice in Taiwan (Formosa) ( April 1964) ---- 45€
267 Labor Law and Practice in Thailand (March 1964 ) 40¢
258 Labor Law and Practice in the Trust Territory of New Guinea (Under Australian
Administration ) (July 1964) 50 €
239 Labor Law and Practice in Turkey (March 1963) -- 45¢
264 Labor Law and Practice in the Union of Burma (April 1964) . 40¢
270 Labor Law and Practice in the U.S.S.R. (July 1964)-- 50€
275 Labor Law and Practice in the United Arab Republic ( Egypt) (December
1964 ) --- 50¢
212 Labor Law and Practice in Venezuela (December 1961 ) . 30€