Minimum Wages Order 2020 to be amended from 1 February 2022

The Minimum Wages Order 2020 [P.U.(A) 5/2020] (“the Principal Order”) came into effect on 1 February 2020, introducing a two-tiered minimum wage based on whether the place of employment of an employee is located within or outside the City Council or Municipal Council areas set out in the Schedule to the Principal Order. Our Alert on the Principal Order can be accessed here.
 
Recently, the Minimum Wages (Amendment) Order 2022 [P.U.(A) 14/2022] (“the Amendment Order”) was gazetted on 20 January 2022 and will come into operation on 1 February 2022. Pursuant to the Amendment Order: 

  1. A definition for “City Council or Municipal Council areas” is included in paragraph 3 of the Principal Order and means “any areas declared or established as City Council or Municipal Council areas under the Local Government Act 1976 [Act 171], Local Government Ordinance 1961 [Sabah No. 11 of 1961] or Local Authorities Ordinance 1996 [Sarawak Cap. 20], or Putrajaya or Labuan”; and 

  2. The Schedule to the Principal Order listing 16 City Council areas and 40 Municipal Council areas is deleted, and paragraphs 4, 5, 6, and 7 of the Principal Order are accordingly amended by deleting the words “as specified in the Schedule”. 
Comments
 
When the Amendment Order takes effect on 1 February 2022, the minimum wage rates will no longer depend on whether or not an employee’s place of employment is located in the 56 areas set out in the Schedule to Principal Order, but whether the place of employment is located in an area that has been or is hereafter declared or established as a City Council or Municipal Council area under the local government legislation set out in the definition of “City Council or Municipal Council areas” in paragraph 3 of the Principal Order.
 
This change will introduce uniformity of wage rates to all areas that have been or are hereafter accorded the status of a City Council or Municipal Council.
 
Alert by Foo Siew Li, Partner in the Employment Practice of Skrine.
 

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.