Direct answer

Sarawak has its own worker-accommodation framework under Part IVA of the Sarawak Labour Ordinance. Current JTK Sarawak guidance states that employers and centralised accommodation providers must apply for an Accommodation Certificate, and that failure to obtain one is an offence.

Sarawak must be assessed separately

Sarawak does not follow the identical worker-accommodation pathway used in Peninsular Malaysia. It has its own Labour Ordinance, state labour authority processes and requirements for non-resident employees.

The amendments to the Sarawak Labour Ordinance took effect on 1 May 2025 and introduced minimum standards for worker housing, accommodation and facilities under Part IVA.

Before using any checklist, confirm that it was prepared specifically for Sarawak and reflects current JTK Sarawak guidance.

Housing and accommodation are different concepts

JTK Sarawak’s current FAQ distinguishes:

  • Housing: a building on an estate; and
  • Accommodation: accommodation for employees engaged outside estate work.

The distinction affects the applicable provisions, facilities and application pathway. An employer should first confirm the employment sector and the nature of the site.

Who must apply for the Accommodation Certificate?

JTK Sarawak states that both:

  • the employer; and
  • any centralised accommodation provider

are required to apply for the Accommodation Certificate.

A centralised accommodation provider is described as a person who provides and manages centralised accommodation for one or more employers, excluding an employer that provides accommodation only for its own employees.

Where several parties are involved, the project file should identify:

  • property owner;
  • certificate applicant and holder;
  • accommodation operator;
  • each employer placing workers;
  • person responsible for daily management; and
  • parties responsible for maintenance, security, transport and worker support.

Failure to obtain the certificate is an offence

JTK Sarawak’s official FAQ states that failure to obtain the Accommodation Certificate is an offence.

The stated maximum consequences are:

  • Employer: fine not exceeding RM50,000.
  • Centralised accommodation provider: fine not exceeding RM50,000, imprisonment not exceeding one year, or both.

These are significant operational and management risks. Certificate verification should take place before workers are placed and before accommodation charges are implemented.

Prepare a complete application-readiness file

The exact prescribed forms and supporting documents should be confirmed with JTK Sarawak. A practical readiness file should organise:

  • ownership or tenancy evidence;
  • approved property and building use;
  • building plans and completion documents;
  • room, bed and sanitary-facility information;
  • proposed worker capacity;
  • employer and provider information;
  • water, electricity and waste arrangements;
  • fire and emergency measures;
  • management and inspection arrangements; and
  • relevant local-authority conditions.

Employers on estates should also check the separate requirements applying to worker housing and supporting facilities.

Minimum standards apply broadly

JTK Sarawak’s FAQ states that workers earning more than RM4,000 per month are also entitled to the minimum standards for worker housing, accommodation and facilities under Part IVA.

The accommodation review should therefore be based on the legal framework and actual arrangement, not only the employee’s wage level.

Rent and accommodation charges

The official FAQ states that an employer may charge rent or accommodation fees subject to conditions set by the Minister.

Before making a wage deduction or collecting a charge, employers should confirm:

  • the current prescribed conditions;
  • the Accommodation Certificate status;
  • the employment contract;
  • any written agreement required;
  • the amount and payroll treatment; and
  • whether the worker is actually occupying the accommodation.

Do not assume that the Peninsular Malaysia RM150 guidance applies identically in Sarawak without checking current Sarawak rules and directions.

Local approvals remain separate

The Accommodation Certificate should not be treated as a substitute for other property approvals. Depending on the project, employers, developers and property owners may also need to address:

  • planning permission;
  • land-use or title conditions;
  • approved building use;
  • renovation or conversion approval;
  • fire safety;
  • drainage and waste management;
  • access and transportation;
  • utilities; and
  • local community impacts.

A property feasibility review should come before major capital expenditure.

Operating responsibilities after occupation

A compliant opening is not the end of the process. The employer and provider should maintain:

  • certificate and renewal records;
  • current occupant and room lists;
  • worker movement records;
  • maintenance and inspection records;
  • complaints and incident records;
  • health and emergency procedures;
  • employer-provider reporting; and
  • evidence that corrective actions were completed.

Where multiple employers share the accommodation, reporting responsibilities should be written into the service agreement.

Questions for a Sarawak provider or property owner

  • What exact building is covered by the certificate?
  • Who holds the certificate and when does it expire?
  • What is the supported capacity?
  • Which employers currently place workers there?
  • What approvals support the building’s use?
  • Who manages inspections, maintenance and complaints?
  • How are worker movements reported?
  • What transport is available?
  • Which charges are included and how are they documented?

Common mistakes

  • Applying a Peninsular Malaysia checklist without adapting it to Sarawak.
  • Assuming high-paid employees are outside the accommodation standards.
  • Accepting a provider’s verbal claim without seeing the certificate.
  • Treating the labour certificate as the only property approval needed.
  • Using temporary overflow rooms not covered by the certificate.
  • Deducting accommodation charges before checking current Sarawak conditions.
  • Failing to document responsibilities across several employers.

A sensible next step

Prepare a jurisdiction-specific summary containing the site address, employment sector, property arrangement, employer, provider, proposed capacity and current certificate status. Confirm the current application and operating requirements with JTK Sarawak and the relevant local authority before occupation or development.

Frequently asked questions

Does Act 446 apply in Sarawak?

Sarawak has its own Labour Ordinance and should be reviewed separately. The 2025 amendments introduced minimum standards for worker housing, accommodation and facilities under Part IVA.

Who must apply for an Accommodation Certificate in Sarawak?

JTK Sarawak states that the employer and any centralised accommodation provider are required to apply for the Accommodation Certificate.

What is the penalty for not obtaining the certificate?

Current JTK Sarawak guidance states that an employer may be fined up to RM50,000, while a centralised accommodation provider may be fined up to RM50,000, imprisoned for up to one year, or both.

Related CLQ guides

Primary sources

  1. Frequently Asked Questions: Sarawak Labour Ordinance AmendmentsSarawak Department of LabourCurrent official FAQ covering Part IVA, Accommodation Certificates and penalties.
  2. Acts, Forms and Gazette ResourcesSarawak Department of LabourCheck the latest ordinance, rules, forms and authority guidance before application.