EMPLOYMENT ACT | My Assignment Tutor

LAWS OF MALAYSIA_____________ONLINE VERSION OF UPDATEDTEXT OF REPRINT_____________Act 265EMPLOYMENT ACT 1955As at 30 April 20122EMPLOYMENT ACT 1955First enacted … … … … 1955 (F.M. OrdinanceNo. 38 of 1955)Revised … … … … 1981 (Act 265 w.e.f.18 February 1982)Latest amendment made byP.U. (A) 88/2012 whichcame into operation on … … 1 April 2012PREVIOUS REPRINTSFirst Reprint … … … 1975Second Reprint … … … 2001Third Reprint … … … 20063LAWS OF MALAYSIAAct 265EMPLOYMENT ACT 1955ARRANGEMENT OF SECTIONSPART IPRELIMINARYSection1. Short title and application 2.2A.2B.InterpretationMinister may prohibit employment other than under contract of serviceGeneral power to exempt or exclude 3. Appointment of officers4. Appeals5. Effect on Act of other written lawsPART IICONTRACTS OF SERVICE6. Saving of existing contracts7. More favourable conditions of service under the Act to prevail7A. Validity of any term or condition of service which is more favourable7B. Removal of doubt in respect of matters not provided for by or under this Act8. Contracts of service not to restrict rights of employees to join, participate inor organize trade unions4 Laws of Malaysia ACT 265Section9. (Deleted)10. Contracts to be in writing and to include provision for termination11. Provision as to termination of contracts12. Notice of termination of contract13. Termination of contract without notice14. Termination of contract for special reasons15. When contract is deemed to be broken by employer and employee16. Employees on estates to be provided with minimum number of days’ workin each month 17.17A.(Omitted)Apprenticeship contracts excluded from sections 10 to 16 PART IIIPAYMENT OF WAGES18. Wage period19. Time of payment of wages20. Payment on normal termination of contract21. Payment on termination of contract in special circumstances and on breachof contract22. Limitation on advances to employees23. Wages not due for absence from work through imprisonment or attendancein courtPART IVDEDUCTIONS FROM WAGES24. Lawful deductionsEmployment 5PART VSYSTEM OF PAYMENT OF WAGESSection25. Wages to be paid through bank25A. Payment of wages other than through bank26. Conditions restricting place at which, manner in which and person withwhom wages paid to be spent, illegal27. Interest on advances forbidden28. Restriction on places at which wages may be paid29. Remuneration other than wages30. (Deleted)PART VIPRIORITY OF WAGES31. Priority of wages over other debts32. Reference by the court to Director GeneralPART VIICONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR33. Liability of principals and contractors for wages33A. Information relating to supply of employeesPART VIIIEMPLOYMENT OF WOMEN34. Prohibition of night work35. Prohibition of underground work36. Prohibition of employment by Minister6 Laws of Malaysia ACT 265PART IXMATERNITY PROTECTIONSection37. Length of eligible period and entitlement to maternity allowance38. Payment of maternity allowance39. Payment of allowance to nominee on death of female employee40. Loss of maternity allowance for failure to notify employer41. Payment of allowance to nominee42. Restriction on dismissal of female employee after eligible period43. Conditions contrary to Part void44. Register of allowances paid44A. Application of this Part irrespective of wages of female employeePART XEMPLOYMENT OF CHILDREN AND YOUNG PERSONS45-56. (Deleted)PART XIDOMESTIC SERVANTS57. Termination of contract57A. Employment of foreign domestic servant 57B.Duty to inform Director General of termination of service of foreigndomestic servant PART XIIREST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONSOF SERVICE 58.58A.(Omitted)Non-application of Part XII 59. Rest day60. Work on rest dayEmployment 7Section 60A.Hours of work60B.Task work60C.Shift work60D.Holidays60E.Annual leave60F.60G.60H.60I.Sick leave(Omitted)(Omitted)Interpretation PART XIIATERMINATION, LAY-OFF, AND RETIREMENT BENEFITS60J. Termination, lay-off and retirement benefitsPART XIIBEMPLOYMENT OF FOREIGN EMPLOYEES60K. Duty to furnish information and returns60L. Director General may inquire into complaint60M. Prohibition on termination of local for foreign employee60N. Termination of employment by reason of redundancy60O. Permanent resident exempted from this PartPART XIIIREGISTERS, RETURNS AND NOTICE BOARDS61. Duty to keep registers62. Power to make regulations requiring information as to wages63. Duty to submit returns63A. Duty to give notice and other information64. Duty to display notice boards8 Laws of Malaysia ACT 265PART XIVINSPECTIONSection65. Powers of inspection and inquiry66. Inspecting officer to notify presence67. Powers of inspecting officers68. Officers to be authorized by the Director GeneralPART XVCOMPLAINTS AND INQUIRIES 69.69A.Director General’s power to inquire into complaintsLimitation on power conferred by section 6969B.Additional powers of Director General to inquire into complaints69C.Claims for indemnity for termination of contract without notice69D.Order of Director General may be in writing69E.Penalty for offence 70. Procedure in Director General’s inquiry71. Director General’s record of inquiry72. Joinder of several complaints in one complaint73. Prohibitory order by Director General to third party74. No fees for summons: service of summons75. Enforcement of Director General’s order by Sessions Court76. Submission by Director General to High Court on point of law77. Appeal against Director General’s order to High Court78. Employee’s remedy when employer about to abscond79. Powers of Director General to investigate possible offences under this Act80. Examination on summons by the Director General81. Right of employee to appear before the Director GeneralEmployment 9PART XVASEXUAL HARASSMENTSection81A. Interpretation81B. Inquiry into complaints of sexual harassment81C. Findings of inquiry by employer81D. Complaints of sexual harassment made to the Director General81E. Effects of decisions of the Director General81F. Offence81G. Application of this Part irrespective of wages of employeePART XVIPROCEDURE82. Service of summons issued under Part XV83. Power to make reciprocal provisions between Malaysia and Singapore forthe service, execution and enforcement of summonses, warrants and orders84. Jurisdiction85. Prosecution85A. Right of audience86. Saving clause as to civil jurisdiction of courts87. Power of court imposing fine88. Effect of imprisonment89. Incapacity of Director General hearing inquiry90. Officers acting under Act deemed public servants90A. Protection of officersPART XVIIOFFENCES AND PENALTIES91. Under Parts III and IV92. Under Part V10 Laws of Malaysia ACT 265Section93. Under Part VIII94. Under Part IX95. (Deleted)96. (Deleted)97. Under Part XIII98. Under Part XIV99. Under Part XV99A. General Penalty100. Penalties for failure or non-compliance in relation to rest days, overtime,holidays, annual leave, and sick leave101. Offence in connection with inquiry or inspection101A. Power to compound offences101B. Offence by body corporate, etc.PART XVIIIREGULATIONS102. RegulationsPART XIXREPEAL AND SAVING103. Repeal and savingFIRST SCHEDULESECOND SCHEDULE11LAWS OF MALAYSIAAct 265EMPLOYMENT ACT 1955An Act relating to employment.[Peninsular Malaysia─ 1 June 1957, L.N. 228/1957;Federal Territory of Labuan─ 1 November 2000,P.U. (A) 400/2000]PART IPRELIMINARYShort title and application1. (1) This Act may be cited as the Employment Act 1955.(2) This Act shall apply to *Peninsular Malaysia only.Interpretation2. (1) In this Act, unless the context otherwise requires—―agricultural undertaking‖ means any work in which any employeeis employed under a contract of service for the purposes ofagriculture, horticulture or silviculture, the tending of domesticanimals and poultry or the collection of the produce of any plants ortrees;*NOTE—This Act has been extended to the Federal Territory of Labuan–see subsection 1(2) of theFederal Territory of Labuan (Extension and Modification of Employment Act) Order 2000 [P.U. (A)400/2000] w.e.f. 1 November 2000.12 Laws of Malaysia ACT 265―apprenticeship contract‖ means a written contract entered into by aperson with an employer who undertakes to employ the person andtrain or have him trained systematically for a trade for a specifiedperiod which shall not be less than two years in the course of whichthe apprentice is bound to work in the employer’s service;―approved amenity or approved service‖ means any amenity orservice—(a) approved by the Director General under subsection 29(2) onapplication made to him by an employer for its inclusion in acontract of service; or(b) provided for in any award made by the Industrial Court or inany collective agreement;―approved incentive payment scheme‖ means an incentivepayment scheme approved by the Director General under, and for thepurposes of, section 60I;―collective agreement‖ has the same meaning assigned thereto inthe Industrial Relations Act 1967 [Act 177];―confinement‖ means parturition resulting after at least twenty-twoweeks of pregnancy in the issue of a child or children, whether aliveor dead, and shall for the purposes of this Act commence and end onthe actual day of birth and where two or more children are born atone confinement shall commence and end on the day of the birth ofthe last-born of such children, and the word ―confined‖ shall beconstrued accordingly;―constructional contractor‖ means any person, firm, corporation orcompany who or which is established for the purpose of undertaking,either exclusively or in addition to or in conjunction with any otherbusiness, any type of constructional work, and who or which iscarrying out such constructional work for or on behalf of some otherperson under a contract entered into by him or them with such otherperson, and includes his or their heirs, executors, administrators,assignees and successors;Employment 13―constructional work‖ includes the construction, reconstruction,maintenance, repair, alteration or demolition of any building, railway,harbour, dock, pier, canal, inland waterway, road, tunnel, bridge,viaduct, sewer, drain, well, dredge, wireless, telegraphic or telephonicinstallation, electrical undertaking, gaswork, waterwork or other workof construction, as well as the preparation for, or the laying of, thefoundations of any such work or structure, and also any earthworksboth in excavation and in filling;―contract of service‖ means any agreement, whether oral or inwriting and whether express or implied, whereby one person agreesto employ another as an employee and that other agrees to serve hisemployer as an employee and includes an apprenticeship contract;―contractor‖ means any person who contracts with a principal tocarry out the whole or any part of any work undertaken by theprincipal in the course of or for the purposes of the principal’s tradeor business;―contractor for labour‖ means a person who contracts with aprincipal, contractor or sub-contractor to supply the labour requiredfor the execution of the whole or any part of any work which acontractor or sub-contractor has contracted to carry out for a principalor contractor, as the case may be;―day‖ means—(a) a continuous period of twenty-four hours beginning atmidnight; or(b) for the purposes of Part XII in respect of an employeeengaged in shift work or in work where the normal hours ofwork extend beyond midnight, a continuous period oftwenty-four hours beginning at any point of time;―Director General‖ means the Director General of Labourappointed under subsection 3(1);―domestic servant‖ means a person employed in connection withthe work of a private dwelling-house and not in connection with any14 Laws of Malaysia ACT 265trade, business, or profession carried on by the employer in suchdwelling-house and includes a cook, house-servant, butler, child’snurse, valet, footman, gardener, washerman or washerwoman,watchman, groom and driver or cleaner of any vehicle licensed forprivate use;―employee‖ means any person or class of persons—(a) included in any category in the First Schedule to the extentspecified therein; or(b) in respect of whom the Minister makes an order undersubsection (3) or section 2A;―foreign domestic servant‖ means a domestic servant who is not acitizen or a permanent resident;―employer‖ means any person who has entered into a contract ofservice to employ any other person as an employee and includes theagent, manager or factor of such first mentioned person, and the word―employ‖, with its grammatical variations and cognate expressions,shall be construed accordingly;―foreign employee‖ means an employee who is not a citizen;―Industrial Court‖ has the same meaning assigned thereto in theIndustrial Relations Act 1967;―industrial undertaking‖ includes—(a) disturbing, removing, carting, carrying, washing, sifting,melting, refining, crushing or otherwise dealing with anyrock, stone, gravel, clay, sand, soil, night-soil or mineral byany mode or method whatever;(b) industries in which articles are manufactured, altered,cleaned, repaired, ornamented, finished, adapted for sale,packed or otherwise prepared for delivery, broken up, ordemolished, or in which materials are transformed orminerals treated, including shipbuilding and the generation,Employment 15transformation and transmission of electricity or motivepower of any kind;(c) constructional work;(d) transport of passengers or goods by road, rail, water or air,including the handling of goods at docks, quays, wharves,warehouses or airports;(e) any industry, establishment or undertaking, or any activity,service or work, declared under subsection (5) to be anindustrial undertaking;―intoxicating liquor‖ has the same meaning as that assigned to―intoxicating liquor‖ under section 2 of the Customs Act 1967 [Act235];―machinery‖ has the same meaning as in the Factories andMachinery Act 1967 [Act 139];―medical officer‖ means a registered medical practitioner who isemployed in a medical capacity by the Federal Government, or by theGovernment of a State;―Minister‖ means the Minister charged with the responsibility forhuman resources;―part-time employee‖ means a person included in the FirstSchedule whose average hours of work per week as agreed betweenhim and his employer are more than thirty per centum but do notexceed seventy per centum of the normal hours of work per week of afull-time employee employed in a similar capacity in the sameenterprise;―Peninsular Malaysia‖ has the meaning assigned thereto by section3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes theFederal Territory;―permanent resident‖ means a person, not being a citizen, who ispermitted to reside in Malaysia without any limit of time imposed16 Laws of Malaysia ACT 265under any law relating to immigration, or who is certified by theFederal Government to be treated as such in Malaysia;―place of employment‖ means any place where work is carried onfor an employer by an employee;―principal‖ means any person who in the course of or for thepurposes of his trade or business contracts with a contractor for theexecution by or under the contractor of the whole or any part of anywork undertaken by the principal;―registered medical practitioner‖ means a medical practitionerregistered under the Medical Act 1971 [Act 50];―sexual harassment‖ means any unwanted conduct of a sexualnature, whether verbal, non-verbal, visual, gestural or physical,directed at a person which is offensive or humiliating or is a threat tohis well-being, arising out of and in the course of his employment;―shift work‖ means work which by reason of its nature requires tobe carried on continuously or continually, as the case may be, by twoor more shifts;―spread over period of ten hours‖ means a period of ten consecutivehours to be reckoned from the time the employee commences workfor the day, inclusive of any period or periods of leisure, rest or breakwithin such period of ten consecutive hours;―sub-contractor‖ means any person who contracts with a contractorfor the execution by or under the sub-contractor of the whole or anypart of any work undertaken by the contractor for his principal, andincludes any person who contracts with a sub-contractor to carry outthe whole or any part of any work undertaken by the sub-contractorfor a contractor;―underground working‖ means any undertaking in which operationsare conducted for the purpose of extracting any substance from belowthe surface of the earth, the ingress to and egress from which is bymeans of shafts, adits or natural caves;Employment 17―wage period‖ means the period in respect of which wages earnedby an employee are payable;―wages‖ means basic wages and all other payments in cash payableto an employee for work done in respect of his contract of service butdoes not include—(a) the value of any house accommodation or the supply of anyfood, fuel, light or water or medical attendance, or of anyapproved amenity or approved service;(b) any contribution paid by the employer on his own accountto any pension fund, provident fund, superannuationscheme, retrenchment, termination, lay-off or retirementscheme, thrift scheme or any other fund or schemeestablished for the benefit or welfare of the employee;(c) any travelling allowance or the value of any travelingconcession;(d) any sum payable to the employee to defray special expensesentailed on him by the nature of his employment;(e) any gratuity payable on discharge or retirement; or(f) any annual bonus or any part of any annual bonus;―week‖ means a continuous period of seven days;―year of age‖ means a year from the date of a person’s birth.(2) The Minister may by order amend the First Schedule.(3) The Minister may by order declare such provisions of thisAct and any other written law as may be specified in the order to beapplicable to any person or class of persons employed, engaged orcontracted with to carry out work in any occupation in anyagricultural or industrial undertaking, constructional work, statutorybody, local government authority, trade, business or place of work,and upon the coming into force of any such order—18 Laws of Malaysia ACT 265(a) any person or class of persons specified in the order shall bedeemed to be an employee or employees;(b) the person, statutory body or local government authorityemploying, engaging or contracting with every such personor class of persons shall be deemed to be an employer;(c) the employer and the employee shall be deemed to haveentered into a contract of service with one another;(d) the place where such employee carries on work for hisemployer shall be deemed to be a place of employment; and(e) the remuneration of such employee shall be deemed to bewages,for the purposes of such specified provisions of this Act and anyother written law.(4) The Minister may make regulations in respect of the termsand conditions upon which the person or class of persons specifiedpursuant to subsection (3) may be employed.(4A) Notwithstanding the provisions of this Act, the Ministermay make regulations—(a) in respect of the terms and conditions of service of apart-time employee; and(b) prescribing the manner in which the hours of work of anemployee are to be computed for the purposes ofdetermining whether that employee falls within thedefinition of a ―part-time employee‖.(5) The Minister may, from time to time, by notificationpublished in the Gazette, declare any particular industry,establishment or undertaking, or any class, category or description ofindustries, establishments or undertakings or any particular activity,service or work, or any class, category or description of activities,Employment 19services or works, to be an industrial undertaking for the purposes ofthis Act.Minister may prohibit employment other than under contract ofservice2A. (1) The Minister may by order prohibit the employment,engagement or contracting of any person or class of persons to carryout work in any occupation in any agricultural or industrialundertaking, constructional work, statutory body, local governmentauthority, trade, business or place of work other than under a contractof service entered into with—(a) the principal or owner of that agricultural or industrialundertaking, constructional work, trade, business or place ofwork; or(b) that statutory body or that authority.(2) Upon the coming into force of any such order, the person orclass of persons employed, engaged or contracted with to carry outthe work shall be deemed to be an employee or employees and—(a) the principal or owner of the agricultural or industrialundertaking, constructional work, trade, business or place ofwork; or(b) the statutory body or local government authority,shall be deemed to be the employer for the purposes of suchprovisions of this Act and any other written law as may be specifiedin the order.(3) Notwithstanding subsection (1), the Minister may by orderapprove the employment of any person or class of persons by suchother person or class of persons (not being the principal or owner) ashe may specify but subject to such conditions as he may deem fit toimpose.20 Laws of Malaysia ACT 265(4) Any person who contravenes any order made under thissection commits an offence.General power to exempt or exclude2B. The Minister may by order exempt or exclude, subject to suchconditions as he may deem fit to impose, any person or class ofpersons from all or any of the provisions of this Act.Appointment of officers3. (1) The Yang di-Pertuan Agong may appoint an officer to bestyled the Director General of Labour, in this Act referred to as ―theDirector General‖.(2) The Yang di-Pertuan Agong may appoint, to such numberas he considers necessary for carrying out the provisions of this Act,officers of the following categories, that is to say—(a) Deputy Directors General of Labour;(b) Directors of Labour, Deputy Directors of Labour, SeniorAssistant Directors of Labour and Assistant Directors ofLabour; and(c) Labour Officers.(3) Subject to such limitations, if any, as may be prescribed byregulations made under this Act, any officer appointed undersubsection (2) shall perform all the duties imposed and may exerciseall the powers conferred upon the Director General by this Act, andevery duty so performed and power so exercised shall be deemed tohave been duly performed and exercised for the purposes of this Act.Employment 21Appeals4. Any person affected by any decision or order, other than an orderor decision under section 69, 69B, 69C, 73 or subsection 81D(4), givenor made by an officer appointed under subsection 3(2), may, if he isdissatisfied with such decision or order, within fourteen days of suchdecision or order being communicated to him appeal in writingtherefrom to the Director General.Effect on Act of other written laws5. Nothing in this Act shall be construed as relieving any person whohas entered into a contract of service, either as the employer or as theperson employed, of any duty or liability imposed upon him by theprovisions of any other written law for the time being in force inMalaysia or any part thereof or to limit any power which may beexercised by any public officer or any right conferred upon any suchperson as aforesaid under or by virtue of any such written law.PART IICONTRACTS OF SERVICESaving of existing contracts6. Every agreement lawfully entered into between an employer andan employee before the coming into force of this Act shall if it is stilllegally binding upon the parties continue in force for such period asmay be specified in the agreement and the parties thereto shall besubject to, and shall be entitled to the benefits of, this Act.More favourable conditions of service under the Act to prevail7. Subject to section 7A, any term or condition of a contract ofservice or of an agreement, whether such contract or agreement wasentered into before or after the coming into force of this Act, whichprovides a term or condition of service which is less favourable to an22 Laws of Malaysia ACT 265employee than a term or condition of service prescribed by this Actor any regulations, order or other subsidiary legislation whatsoevermade thereunder shall be void and of no effect to that extent and themore favourable provisions of this Act or any regulations, order orother subsidiary legislation whatsoever made thereunder shall besubstituted therefore.Validity of any term or condition of service which is morefavourable7A. Subject to any express prohibition under this Act or anyregulations, order or other subsidiary legislation whatsoever madethereunder, nothing in section 7 shall be construed as preventing anemployer and an employee from agreeing to any term or condition ofservice under which an employee is employed, or shall render invalidany term or condition of service stipulated in any collectiveagreement or in any award of the Industrial Court, which is morefavourable to the employee than the provisions of this Act or anyregulations, order, or other subsidiary legislation whatsoever madethereunder.Removal of doubt in respect of matters not provided for by orunder this Act7B. For the removal of doubt it is hereby declared that if no provisionis made in respect of any matter under this Act or any subsidiarylegislation made thereunder, or if no regulations, order or othersubsidiary legislation has been made on any matter in respect ofwhich regulations, or an order or other subsidiary legislation may bemade under this Act, it shall not be construed as preventing suchmatter from being provided for in a contract of service, or from beingnegotiated upon between an employer and an employee.Employment 23Contracts of service not to restrict rights of employees to join,participate in or organize trade unions8. Nothing in any contract of service shall in any manner restrict theright of any employee who is a party to such contract—(a) to join a registered trade union;(b) to participate in the activities of a registered trade union,whether as an officer of such union or otherwise; or(c) to associate with any other persons for the purpose oforganizing a trade union in accordance with the TradeUnions Act 1959 [Act 262].9. (Deleted by *Act 40 of 1966).Contracts to be in writing and to include provision fortermination10. (1) A contract of service for a specified period of time exceedingone month or for the performance of a specified piece of work, wherethe time reasonably required for the completion of the work exceedsor may exceed one month, shall be in writing.(2) In every written contract of service a clause shall beincluded setting out the manner in which such contract may beterminated by either party in accordance with this Part.Provision as to termination of contracts11. (1) A contract of service for a specified period of time or for theperformance of a specified piece of work shall, unless otherwiseterminated in accordance with this Part, terminate when the period oftime for which such contract was made has expired or when the pieceof work specified in such contract has been completed.*NOTE—The Children and Young Persons (Employment) Act 1966 [Act 40 of 1966] has since beenrevised as the Children and Young Persons (Employment) Act 1966 [Act 350].24 Laws of Malaysia ACT 265(2) A contract of service for an unspecified period of time shallcontinue in force until terminated in accordance with this Part.Notice of termination of contract12. (1) Either party to a contract of service may at any time give tothe other party notice of his intention to terminate such contract ofservice.(2) The length of such notice shall be the same for bothemployer and employee and shall be determined by a provision madein writing for such notice in the terms of the contract of service, or, inthe absence of such provision in writing, shall not be less than—(a) four weeks’ notice if the employee has been so employedfor less than two years on the date on which the notice isgiven;(b) six weeks’ notice if he has been so employed for two yearsor more but less than five years on such date;(c) eight weeks’ notice if he has been so employed for fiveyears or more on such date:Provided that this section shall not be taken to prevent eitherparty from waiving his right to a notice under this subsection.(3) Notwithstanding anything contained in subsection (2),where the termination of service of the employee is attributablewholly or mainly to the fact that—(a) the employer has ceased, or intends to cease to carry on thebusiness for the purposes of which the employee wasemployed;(b) the employer has ceased or intends to cease to carry on thebusiness in the place at which the employee was contractedto work;Employment 25(c) the requirements of that business for the employee to carryout work of a particular kind have ceased or diminished orare expected to cease or diminish;(d) the requirements of that business for the employee to carryout work of a particular kind in the place at which he wascontracted to work have ceased or diminished or areexpected to cease or diminish;(e) the employee has refused to accept his transfer to any otherplace of employment, unless his contract of service requireshim to accept such transfer; or(f) a change has occurred in the ownership of the business forthe purpose of which an employee is employed or of a partof such business, regardless of whether the change occursby virtue of a sale or other disposition or by operation oflaw,the employee shall be entitled to, and the employer shall give to theemployee, notice of termination of service, and the length of suchnotice shall be not less than that provided under paragraph (2)(a), (b)or (c), as the case may be, regardless of anything to the contrarycontained in the contract of service.(4) Such notice shall be written and may be given at any time,and the day on which the notice is given shall be included in theperiod of the notice.Termination of contract without notice13. (1) Either party to a contract of service may terminate suchcontract of service without notice or, if notice has already been givenin accordance with section 12, without waiting for the expiry of thatnotice, by paying to the other party an indemnity of a sum equal tothe amount of wages which would have accrued to the employeeduring the term of such notice or during the unexpired term of suchnotice.26 Laws of Malaysia ACT 265(2) Either party to a contract of service may terminate suchcontract of service without notice in the event of any wilful breach bythe other party of a condition of the contract of service.Termination of contract for special reasons14. (1) An employer may, on the grounds of misconduct inconsistentwith the fulfilment of the express or implied conditions of his service,after due inquiry—(a) dismiss without notice the employee;(b) downgrade the employee; or(c) impose any other lesser punishment as he deems just and fit,and where a punishment of suspension without wages isimposed, it shall not exceed a period of two weeks.(2) For the purposes of an inquiry under subsection (1), theemployer may suspend the employee from work for a period notexceeding two weeks but shall pay him not less than half his wagesfor such period:Provided that if the inquiry does not disclose any misconduct onthe part of the employee the employer shall forthwith restore to theemployee the full amount of wages so withheld.(3) An employee may terminate his contract of service with hisemployer without notice where he or his dependants are immediatelythreatened by danger to the person by violence or disease such assuch employee did not by his contract of service undertake to run.When contract is deemed to be broken by employer andemployee15. (1) An employer shall be deemed to have broken his contract ofservice with the employee if he fails to pay wages in accordance withPart III.Employment 27(2) An employee shall be deemed to have broken his contract ofservice with the employer if he has been continuously absent fromwork for more than two consecutive working days without prior leavefrom his employer, unless he has a reasonable excuse for suchabsence and has informed or attempted to inform his employer ofsuch excuse prior to or at the earliest opportunity during suchabsence.Employees on estates to be provided with minimum number ofdays’ work in each month16. (1) Where an employee is employed in any agriculturalundertaking on an estate on a contract of service under which heearns wages calculated by reference to the number of days’ workperformed in each month of his service, his employer shall be boundeither to provide him with work suitable to his capacity on not lessthan twenty-four days in each month during the whole of which he isso employed, or if the employer is unable or fails to provide work ontwenty-four days in each month whereon the employee is willing andfit to work, the employer shall nevertheless be bound to pay to theemployee in respect of each of such days wages at the same rate as ifsuch employee had performed a day’s work:Provided that any dispute as to whether an employee was willingor fit to work shall be referred to the Director General for hisdecision:Provided further that in computing twenty-four days for thepurposes of this subsection account shall not be taken of more thansix days in any week.(2) A contract of service shall be deemed to be broken by anemployer if he fails to provide work or pay wages in accordance withsubsection (1).17. (Omitted).28 Laws of Malaysia ACT 265Apprenticeship contracts excluded from sections 10 to 1617A. Sections 10 to 16 shall not apply to apprenticeship contractswhich are in a form approved by and of which a copy has been filedwith the Director General.PART IIIPAYMENT OF WAGESWage period18. (1) A contract of service shall specify a wage period notexceeding one month.(2) If in any contract of service no wage period is specified thewage period shall for the purposes of the contract be deemed to beone month.Time of payment of wages19. (1) Subject to subsection (2), every employer shall pay to each ofhis employees not later than the seventh day after the last day of anywage period the wages, less lawful deductions earned by suchemployee during such wage period.(2) Wages for work done on a rest day, gazetted public holidayreferred to in paragraphs 60D(1)(a) and (b) and overtime referred to insection 60A shall be paid not later than the last day of the next wageperiod.(3) Notwithstanding subsections (1) and (2), if the DirectorGeneral is satisfied that payment within such time is not reasonablypracticable, he may, on the application of the employer, extend thetime of payment by such number of days as he thinks fit.Employment 29Payment on normal termination of contract20. The wages, less lawful deductions, earned by but not yet paid toan employee whose contract of service terminates in accordance withsubsection 11(1) or of section 12 shall be paid to such employee notlater than the day on which such contract of service so terminates.Payment on termination of contract in special circumstances andon breach of contract21. (1) Where an employer terminates the contract of service of anemployee without notice in accordance with subsection 13(1) or (2)and paragraph 14(1)(a)—(a) the wages, less any deductions which the employer isentitled to make under section 24, earned by such employeeup to and including the day immediately preceding the dayon which the termination of the contract of service takeseffect; and(b) in addition, where the employer terminates the contract ofservice under subsection 13(1), the indemnity payable to theemployee under that subsection,shall be paid by the employer to the employee not later than the dayon which such contract of service is so terminated.(2) Where an employee terminates his contract of service with anemployer without notice in accordance with subsection 13(1) or (2)or subsection 14(3), the wages, less any deductions which theemployer is entitled to make under section 24, earned by suchemployee up to and including the day immediately preceding the dayon which the termination of the contract of service takes effect shallbe paid by the employer to the employee not later than the third dayafter the day on which the contract of service is so terminated.30 Laws of Malaysia ACT 265Limitation on advances to employees22. (1) No employer shall during any one month make to anemployee an advance or advances of wages not already earned bysuch employee which exceeds in the aggregate the amount of wageswhich the employee earned in the preceding month from hisemployment with such employer, or if he has not been so long in theemployment of such employer, the amount which he is likely to earnin such employment during one month, unless such advance is madeto the employee—(a) to enable him to purchase a house or to build or improve ahouse;(b) to enable him to purchase land;(c) (Deleted by Act A1419);(d) to enable him to purchase a motorcar, a motorcycle or abicycle;(da) to enable him to purchase shares of the employer’s businessoffered for sale by the employer;(db) to enable him to purchase a computer;(dc) to enable him to pay for medical expenses for himself or hisimmediate family members;(dd) to enable him to pay for daily expenses pending receipt ofany periodical payments for temporary disablement underthe Employees’ Social Security Act 1969 [Act 4];(de) to enable him to pay for educational expenses for himself orhis immediate family members;(e) for any other purpose—(i) in respect of which an application in writing is madeby the employer to the Director General;Employment 31(ii) which is, in the opinion of the Director General,beneficial to the employee; and(iii) which is approved in writing by the Director General,provided that in granting such approval, the DirectorGeneral may make such modifications thereto orimpose such conditions thereon as he may deemproper;(f) for such other purpose as the Minister may, from time totime, by notification in the Gazette, specify either generallyin respect of all employees, or only in respect of anyparticular employee, or any class, category or description ofemployees.(2) For the purposes of this section, ―immediate family members‖means the employees’ parents, children, siblings or any other personunder the employee’s guardianship.Wages not due for absence from work through imprisonment orattendance in court23. Wages shall not become payable to or recoverable by anyemployee from his employer for or on account of the term of anysentence of imprisonment undergone by him or for any period spentby him in custody or for or on account of any period spent by him ingoing to or returning from prison or other place of custody or for oron account of any period spent by him in going to, attending beforeor returning from a court otherwise than as a witness on hisemployer’s behalf.32 Laws of Malaysia ACT 265PART IVDEDUCTIONS FROM WAGESLawful deductions24. (1) No deductions shall be made by an employer from the wagesof an employee otherwise than in accordance with this Act.(2) It shall be lawful for an employer to make the followingdeductions—(a) deductions to the extent of any overpayment of wages madeduring the immediately preceding three months from themonth in which deductions are to be made, by the employerto the employee by the employer’s mistake;(b) deductions for the indemnity due to the employer by theemployee under subsection 13(1);(c) deductions for the recovery of advances of wages madeunder section 22 provided no interest is charged on theadvances; and(d) deductions authorized by any other written law.(3) The following deductions shall only be made at the request inwriting of the employee—(a) deductions in respect of the payments to a registered tradeunion or co-operative thrift and loan society of any sum ofmoney due to the trade union or society by the employee onaccount of entrance fees, subscriptions, instalments andinterest on loans, or other dues; and(b) deductions in respect of payments for any shares of theemployer’s business offered for sale by the employer andpurchased by the employee.Employment 33(4) The following deductions shall not be made except at therequest in writing of the employee and with the prior permission inwriting of the Director General:(a) deductions in respect of payments into any superannuationscheme, provident fund, employer’s welfare scheme orinsurance scheme established for the benefit of theemployee;(b) deductions in respect of repayments of advances of wagesmade to an employee under section 22 where interest islevied on the advances and deductions in respect of thepayments of the interest so levied;(c) deductions in respect of payments to a third party on behalfof the employee;(d) deductions in respect of payments for the purchase by theemployee of any goods of the employer’s business offeredfor sale by the employer; and(e) deductions in respect of the rental for accommodation andthe cost of services, food and meals provided by theemployer to the employee at the employee’s request orunder the terms of the employee’s contract of service.(5) The Director General shall not permit any deduction forpayments under paragraph (4)(e) unless he is satisfied that theprovision of the accommodation, services, food or meals is for thebenefit of the employee.(6) Where an employee obtains foodstuff, provisions or othergoods on credit from a shop the business of which is carried on by aco-operative society registered under the Co-operative Societies Act1993 [Act 502], it shall be lawful for his employer, at the request inwriting of the employee and with the agreement of the manager of theco-operative shop, to make deductions from the wages of theemployee of an amount not exceeding the amount of the credit and topay the amount so deducted to the manager in satisfaction of theemployee’s debt.34 Laws of Malaysia ACT 265(7) Notwithstanding subsections (2), (3), (4) and (6) the DirectorGeneral, on an application by an employer or a specified class orclasses of employers, may permit any deduction for a specifiedpurpose from the wages of an employee or a specified class or classesof employees subject to such conditions as he may deem fit toimpose.(8) The total of any amounts deducted under this section from thewages of an employee in respect of any one month shall not exceedfifty per centum of the wages earned by that employee in that month.(9) The limitation in subsection (8) shall not apply to—(a) deductions from the indemnity payable by an employer toan employee under subsection 13(1);(b) deductions from the final payment of the wages of anemployee for any amount due to the employer andremaining unpaid by the employee on the termination of theemployee’s contract of service; and(c) deductions for the repayment of a housing loan which,subject to the prior permission in writing of the DirectorGeneral, may exceed the fifty per centum limit by anadditional amount of not more than twenty-five per centumof the wages earned.PART VSYSTEM OF PAYMENT OF WAGESWages to be paid through bank25. (1) The entire amount of wages earned by, or payable to, anyemployee in respect of any work done by him less any lawfuldeductions, shall be actually paid to him through payment into anaccount at a bank, finance company, financial institution or otherinstitutions licensed or established under the Banking and FinancialInstitutions Act 1989 [Act 372] or any other written law, in any partEmployment 35of Malaysia being an account in the name of the employee or anaccount in the name of the employee jointly with one or more otherpersons as stipulated by the employee.(2) Every employee shall be entitled to recover in the courts somuch of his wages, exclusive of sums lawfully deducted under PartIV, as shall not have been actually paid to him in accordance withsubsection (1).Payment of wages other than through bank25A. (1) Notwithstanding subsection 25(1), an employer may, upon awritten request of the employee, other than a domestic servant, makepayment of his employee’s wages—(a) in legal tender; or(b) by cheque made payable to or to the order of the employee.(2) In the case of a domestic servant, the employer shall, upon therequest of his domestic servant, obtain approval from the DirectorGeneral for the payment of wages of the domestic servant to be paidin legal tender or by cheque.(3) The request by the employee under subsections (1) and (2) maybe withdrawn by the employee at any time, by notice in writing, tothe employer.(4) The notice referred to in subsection (3) shall take effect at, butnot before, the end of the period of four weeks beginning with theday on which the notice is given.(5) The request of the employee to the mode of payment of wagesunder subsections (1) and (2) shall not be unreasonably withheld bythe employer.(6) Any dispute arising out of the request by the employee undersubsections (1) and (2) shall be referred to the Director Generalwhose decision on the matter shall be final.36 Laws of Malaysia ACT 265(7) Section 69 shall not apply in respect of any dispute undersubsection (6).Conditions restricting place at which, manner in which andperson with whom wages paid to be spent, illegal26. No employer shall impose any condition in any contract ofservice as to the place at which, or the manner in which, or the personwith whom, any wages paid to the employee are to be expended andany such condition in a contract of service shall be void and of noeffect.Interest on advances forbidden27. No employer shall—(a) make any deduction; or(b) receive any payment,from any employee by way of discount, interest or any similar chargeon account of any advance or advances of wages made to anemployee in anticipation of the regular date for the payment ofwages, where such advance or advances do not exceed in theaggregate one month’s wages.Restriction on places at which wages may be paid28. No employer shall pay wages to employees in taverns or othersimilar establishments or in places of amusement or in shops or storesfor the retail sale of merchandise except in the case of employeesemployed therein.Employment 37Remuneration other than wages29. (1) Nothing in this Part shall render illegal a contract of servicewith an employee under which the employer agrees to provide theemployee with house accommodation, food, fuel, light, water,medical attendance, or any approved amenity or approved service inaddition to wages but no employer shall provide any employee withany intoxicating liquor as part of the terms of a contract of service.(2) The Director General may, on application made to him inwriting by an employer, approve in writing any amenity or service asan approved amenity or approved service, and in granting suchapproval the Director General may make such modifications theretoor impose such conditions thereon as he may deem proper.(3) Any person who is dissatisfied with any decision of theDirector General under subsection (2) may, within thirty days of suchdecision being communicated to him, appeal in writing therefrom tothe Minister.(4) On any appeal made to him under subsection (3), the Ministermay make such decision or order thereon as appears just, and suchdecision or order shall be final.30. (Deleted by Act A1026).PART VIPRIORITY OF WAGESPriority of wages over other debts31. (1) Where by order of a court made upon the application of anyperson holding a mortgage, charge, lien or decree (hereinafterreferred to as ―the secured creditor‖) or in the exercise of rights undera debenture the property of any person (hereinafter referred to as ―theperson liable‖) liable under any of the provisions of this Act to paythe wages due to any employee or to pay money due to any contractor38 Laws of Malaysia ACT 265for labour is sold, or any money due to the person liable is attached orgarnished, the court or the receiver or manager shall not authorizepayment of the proceeds of the sale, or of the money so attached orgarnished, to the secured creditor or the debenture holder until thecourt or the receiver or manager shall have ascertained and caused tobe paid, out of such proceeds or money, the wages of such employee,or the money due to any contractor for labour under a contractbetween him and the person liable, which the person liable was liableto pay at the date of such sale, attachment or garnishment:Provided that this section shall only apply to the sale of a place ofemployment on which—(a) any employee to whom wages are due as aforesaid;(b) any employee to whom wages are due by such contractorfor labour as aforesaid;(c) any contractor for labour to whom money is owed onaccount of the sub-contract by the contractor for labour asaforesaid,was employed or worked at the time when such wages were earned orsuch money accrued due, and to the proceeds of the sale of anyproducts of such place of employment and of any movable propertytherein used in connection with such employment and to any moneydue to the person liable on account of work performed by suchemployee or contractor for labour or derived from the sale of theproducts of such work:Provided further that—(a) where the person liable is an employer the total amount of thewages of any employee to which priority over the claim of asecured creditor is given by this section shall not exceed theamount due by the employer to the employee as wages forany four consecutive months’ work;(b) where the person liable is a principal and where the wages areclaimed from such principal under section 33 the total amountEmployment 39of the wages of any employees to which priority over theclaim of a secured creditor is given by this section shall notexceed the amount due by the principal to the contractor atthe date of the sale, attachment or garnishment unless thecontractor is also a contractor for labour;(c) where the person liable is a contractor or sub-contractor whoowes money to a contractor for labour the total amount due tosuch contractor for labour to which priority over the claim ofa secured creditor is given by this section shall not exceed theamount due by such contractor for labour to his employees(including any further contractor for labour under such firstmentioned contractor for labour) for any four consecutivemonths’ work.(2) In this section, except for the second proviso, ―wages‖ includestermination and lay-off benefits, annual leave pay, sick leave pay,public holiday pay and maternity allowance.Reference by the court to Director General32. (1) For the purposes of ascertaining the amount due to anyemployee or sub-contractor for labour under section 31, the court orthe receiver or manager may refer the question to the DirectorGeneral with a request that he hold an inquiry thereinto and forwardhis findings in respect thereof to the court or the receiver or manager,and the Director General shall comply with any such request.(2) For the purpose of any inquiry under subsection (1) theDirector General shall have all the powers conferred upon him byparagraph 70(f) and section 80 shall have effect as if the inquiry werebeing held under section 69.40 Laws of Malaysia ACT 265PART VIICONTRACTORS, PRINCIPALS AND CONTRACTORSFOR LABOURLiability of principals and contractors for wages33. (1) Where a principal in the course of or for the purposes of histrade or business, contracts with a contractor for the execution by orunder the contractor of the whole or any part of any work undertakenby the principal, and any wages are due to any employee by thecontractor or any sub-contractor under the contractor for work donein the course of the performance of the contract, the principal and thecontractor and any such subcontractor (not being the employer) shallbe jointly and severally liable with the employer to pay such wages asif that employee had been immediately employed by the principal andby the contractor and any such sub-contractor:Provided that—(a) in the case of a contract for constructional work theprincipal shall not be liable for the payment of wages underthis subsection unless he is also a constructional contractoror a housing developer;(b) the principal, and the contractor and any sub-contractor (notbeing the employer), shall not be liable to any employeeunder this subsection for more than the wages due to himfor any three consecutive months; and(c) the employee shall have instituted proceedings against theprincipal for the recovery of his wages or made a complaintto the Director General under Part XV with in ninety daysfrom the date on which such wages became due for paymentby his employer in accordance with the provisions for thepayment of wages contained in Part III.(2) Any person, other than the employer, who has paid wagesunder this section to the employee of any employer may institute civilEmployment 41proceedings against such employer for the recovery of the amount ofwages so paid.Information relating to supply of employees33A. (1) A contractor for labour who intends to supply or undertakesto supply any employee shall register with the Director General in theprescribed form within fourteen days before supplying the employee.(2) If a contractor for labour referred to in subsection (1) suppliesany employee, he shall keep or maintain one or more registerscontaining information regarding each employee supplied by him andshall make such registers available for inspection.(3) A contractor for labour who—(a) supplies his employee without registering with the DirectorGeneral as required under subsection (1); or(b) fails to keep or maintain any register, or make available anyregister for inspection as required under subsection (2),commits an offence and shall, on conviction, be liable to a fine notexceeding ten thousand ringgit.PART VIIIEMPLOYMENT OF WOMENProhibition of night work34. (1) Except in accordance with regulations made under this Actor any exemption granted under the proviso to this subsection noemployer shall require any female employee to work in any industrialor agricultural undertaking between the hours of ten o’clock in theevening and five o’clock in the morning nor commence work for theday without having had a period of eleven consecutive hours freefrom such work:42 Laws of Malaysia ACT 265Provided that the Director General may, on application made tohim in any particular case, exempt in writing any female employee orclass of female employees from any restriction in this subsection,subject to any conditions he may impose.(2) Any person—(a) who is affected by any decision made or condition imposedunder the proviso to subsection (1); and(b) who is dissatisfied with such decision or condition,may within thirty days of such decision or condition beingcommunicated to him appeal in writing therefrom to the Minister.(3) In deciding any appeal made to him under subsection (2), theMinister may make such decision or order thereon, including thealteration or removal of any condition imposed or the imposition ofany further condition, as appears just and such decision or order shallbe final.Prohibition of underground work35. No female employee shall be employed in any undergroundworking.Prohibition of employment by Minister36. Notwithstanding the provisions of this Part the Minister may byorder prohibit or permit the employment of female employees in suchcircumstances or under such conditions as may be described in suchorder.Employment 43PART IXMATERNITY PROTECTIONLength of eligible period and entitlement to maternity allowance37. (1) (a) Every female employee shall be entitled— (i)to maternity leave for an eligible period in respect ofeach confinement; and(ii)subject to this Part, to receive from her employer amaternity allowance to be calculated or prescribed asprovided in subsection (2) in respect of the eligibleperiod. (aa) Where a female employee is entitled to maternity leaveunder subparagraph (a)(i) but is not entitled to receive maternityallowance from her employer for the eligible period under paragraph(c), or because she has not fulfilled the conditions set out inparagraph (2)(a), she may, with the consent of the employer,commence work at any time during the eligible period if she has beencertified fit to resume work by a registered medical practitioner.(b) Subject to section 40, maternity leave shall not commenceearlier than a period of thirty days immediately preceding theconfinement of a female employee or later than the day immediatelyfollowing her confinement:Provided that where a medical officer or the registered medicalpractitioner appointed by the employer certifies that the femaleemployee as a result of her advanced state of pregnancy is unable toperform her duties satisfactorily, the employee may be required tocommence her maternity leave at any time during a period of fourteendays preceding the date of her confinement as determined in advanceby the medical officer or the registered medical practitioner appointedby the employer.(bb) Where a female employee abstains from work to commenceher maternity leave on a date earlier than the period of thirty days44 Laws of Malaysia ACT 265immediately preceding her confinement, such abstention shall not betreated as maternity leave and she shall not be entitled to anymaternity allowance in respect of the days during which she abstainsfrom work in excess of the period of thirty days immediatelypreceding her confinement.(c) Notwithstanding subparagraph (a)(ii), a female employee shallnot be entitled to any maternity allowance if at the time of herconfinement she has five or more surviving children.(d) For the purposes of this Part— (i)―children‖ means all natural children, irrespective ofage; and(ii)―eligible period‖ means a period of maternity leave ofnot less than sixty consecutive days. (2) (a) A female employee shall be entitled to receive maternityallowance for the eligible period from her employer if— (i)she has been employed by the employer for a periodof, or periods amounting in the aggregate to, not lessthan ninety days during the nine months immediatelybefore her confinement; and(ii)she has been employed by the employer at any time inthe four months immediately before her confinement; (b) A female employee who is eligible for maternity allowanceunder paragraph (1)(a) shall be entitled to receive from the employerfor each day of the eligible period a maternity allowance at herordinary rate of pay for one day, or at the rate prescribed by theMinister under paragraph 102(2)(c), whichever is the greater.(c) A female employee employed on a monthly rate of pay shallbe deemed to have received her maternity allowance if she continuesto receive her monthly wages during her abstention from work duringthe eligible period without abatement in respect of the abstention.Employment 45(d) Where a female employee claims maternity allowance underthis section from more than one employer, she shall not be entitled toreceive a maternity allowance of an amount exceeding in theaggregate the amount which she would be entitled to receive if herclaim was made against one employer only.(3) Where there are more employers than one from whom thefemale employee would be entitled to claim maternity allowance inaccordance with subsection (2) the employer who pays the maternityallowance shall be entitled to recover from such other employer, as acivil debt, a contribution which shall bear the same proportion to theamount of the maternity allowance paid to the female employee asthe number of days on which she worked for such other employerduring the period of nine months immediately preceding herconfinement bears to the total number of days on which she workedduring the said period:Provided that if the female employee has failed to comply withsubsection 40(1) or (2), the employer who pays the maternityallowance shall not thereby be prevented from recoveringcontribution calculated in accordance with this subsection.(4) Any employer who terminates the service of a femaleemployee during the period in which she is entitled to maternity leavecommits an offence:Provided that for the purpose of this section, such termination shallnot include termination on the ground of closure of the employer’sbusiness.Payment of maternity allowance38. The maternity allowance referred to in subsection 37(2) andaccruing in each wage period under the contract of service of thefemale employee shall be paid in the same manner as if suchallowance were wages earned during such wage period as provided insection 19.46 Laws of Malaysia ACT 265Payment of allowance to nominee on death of female employee39. If a female employee, after giving notice to her employer thatshe expects to be confined, commences her maternity leave and diesfrom any cause during the eligible period, her employer or anyemployer who would have been, but for the death of the femaleemployee, liable to pay any maternity allowance shall pay to theperson nominated by her under section 41 or, if there is no suchperson, to her legal personal representative, an allowance at the ratecalculated or prescribed as provided in subsection 37(2) from the dayshe commenced her maternity leave to the day immediately precedingher death.Loss of maternity allowance for failure to notify employer40. (1) A female employee who is about to leave her employmentand who knows or has reason to believe that she will be confinedwithin four months from the date upon which she leaves shall beforeleaving her employment notify her employer of her pregnancy and ifshe fails so to do, she shall not be entitled to receive any maternityallowance from such employer.(2) A female employee shall within a period of sixty daysimmediately preceding her expected confinement notify her employerof it and the date from which she intends to commence her maternityleave and if she commences such leave without so notifying heremployer, the payment of maternity allowance to her may besuspended, notwithstanding section 38, until such notice is given toher employer.(3) (Deleted by Act A1419).(4) Any female employee whose employer provides free medicaltreatment for his employees and who when she is pregnantpersistently refuses or fails to submit to such medical treatmentoffered free by her employer as a registered medical practitionercertifies to be necessary or desirable in connection with herpregnancy, expected confinement or confinement shall, if she wouldEmployment 47otherwise be entitled to receive any maternity allowance, forfeit suchallowance to the extent of seven days.(5) The want of or any defect or inaccuracy in any notice requiredto be given in accordance with this section shall not be a bar to themaintenance of any claim to maternity allowance unless the employeris proved to have been prejudiced by the want, defect or inaccuracyof such notice.(6) The failure to give any such notice within the period specifiedin this section shall not prejudice the right of a female employee toreceive any maternity allowance if it is found that the failure wasoccasioned by mistake or other reasonable cause:Provided that any dispute as to whether such failure wasoccasioned by mistake or other reasonable cause shall be referredunder section 69 to the Director General for his decision.(7) Notice to an employer or, if there is more than one employer,to one of such employers, may be given either in writing or orally orto the foreman or other person under whose supervision the femaleemployee was employed or to any person designated for the purposeby the employer.Payment of allowance to nominee41. A female employee may nominate some other person to whomthe maternity allowance may be paid on her behalf and any paymentof the maternity allowance made to the person so nominated shall, forthe purposes of this Act, be deemed to be a payment to the femaleemployee herself.Restriction on dismissal of female employee after eligible period42. (1) Where a female employee remains absent from her work afterthe expiration of the eligible period as a result of illness certified by aregistered medical practitioner to arise out of her pregnancy andconfinement and to render her unfit for her work, it shall be an48 Laws of Malaysia ACT 265offence, until her absence exceeds a period of ninety days after theexpiration of the eligible period, for her employer to terminate herservices or give her notice of termination of service.(2) Subject to subsection (1), where the service of a femaleemployee is terminated with wages in lieu of notice at any timeduring the period of four months immediately preceding herconfinement, she shall, in computing the period of her employmentfor the purposes of this Part, be deemed to have been employed as ifshe had been given due notice instead of wages in lieu thereof.Conditions contrary to Part void43. Any condition in a contract of service whereby a femaleemployee relinquishes or is deemed to relinquish any right under thisPart shall be void and of no effect and the right conferred under thisPart shall be deemed to be substituted for such condition.Register of allowances paid44. Every employer shall keep a register, in a form to be prescribedby the Minister by regulations made under this Act, of all paymentsmade to female employees under this Part and of such other mattersincidental thereto as may be prescribed by such regulations.Application of this Part irrespective of wages of female employee44A. Notwithstanding paragraph 1 of the First Schedule, this Partextends to every female employee who is employed under a contractof service irrespective of her wages.Employment 49PART XEMPLOYMENT OF CHILDREN AND YOUNG PERSONS45–56. (Deleted by *Act 40 of 1966).PART XIDOMESTIC SERVANTSTermination of contract57. Subject to any express provision to the contrary containedtherein, a contract to employ and to serve as a domestic servantmay be terminated either by the person employing the domesticservant or by the domestic servant giving the other party fourteendays’ notice of his intention to terminate the contract, or by thepaying of an indemnity equivalent to the wages which the domesticservant would have earned in fourteen days:Provided that any such contract may be terminated by either partywithout notice and without the paying of an indemnity on the groundof conduct by the other party inconsistent with the terms andconditions of the contract.Employment of foreign domestic servant57A. (1) An employer who employs a foreign domestic servant shall,within thirty days of the employment, inform the Director General ofsuch employment in a manner as may be determined by the DirectorGeneral.*NOTE—The Children and Young Persons (Employment) Act 1966 [Act 40 of 1966] has since beenrevised as the Children and Young Persons (Employment) Act 1966 [Act 350].50 Laws of Malaysia ACT 265(2) An employer who contravenes subsection (1) commits anoffence and shall, on conviction, be liable to a fine not exceeding tenthousand ringgit.Duty to inform Director General of termination of service offoreign domestic servant57B. (1) If the service of a foreign domestic servant is terminated—(a) by the employer;(b) by the foreign domestic servant;(c) upon the expiry of the employment pass issued by theImmigration Department of Malaysia to the foreigndomestic servant; or(d) by the repatriation or deportation of the foreign domesticservant,the employer shall, within thirty days of the termination of service,inform the Director General of the termination in a manner as may bedetermined by the Director General.(2) For the purpose of paragraph (1)(b), the termination of serviceby a foreign domestic servant includes the act of the foreign domesticservant absconding from his place of employment.(3) An employer who contravenes subsection (1) commits anoffence and shall, on conviction, be liable to a fine not exceeding tenthousand ringgit.PART XIIREST DAYS, HOURS OF WORK, HOLIDAYS AND OTHERCONDITIONS OF SERVICE58. (Omitted).Employment 51Non-application of Part XII58A. This Part shall not apply to any term or condition of servicewhich is provided for in any collective agreement entered into beforethe coming into operation of this Part and taken cognizance of by theIndustrial Court or in any award made by the Industrial Court whilesuch collective agreement or award remains in force.Rest day59. (1) Every employee shall be allowed in each week a rest day ofone whole day as may be determined from time to time by theemployer, and where an employee is allowed more than one rest dayin a week the last of such rest days shall be the rest day for thepurposes of this Part:Provided that this subsection shall not apply during the period inwhich the employee is on maternity leave as provided under section37, or on sick leave as provided under section 60F, or during theperiod of temporary disablement under the Workmen’sCompensation Act 1952 [Act 273], or under the Employees’ SocialSecurity Act 1969.(1A) Notwithstanding subsection (1) and the interpretation of theexpression ―day‖ in subsection 2(1), in the case of an employeeengaged in shift work any continuous period of not less than thirtyhours shall constitute a rest day.(1B) Notwithstanding subsection (1), the Director General, on awritten application by an employer and subject to any conditions hemay deem fit to impose, may permit the employer to grant the restday for each week on any day of the month in which the rest days falland the day so granted shall be deemed to be the employee’s rest dayfor the purposes of this section.(2) The employer shall prepare a roster before the commencementof the month in which the rest days fall informing the employee ofthe days appointed to be his rest days therein, and where the sameday in each week has been appointed as the rest day for all employees52 Laws of Malaysia ACT 265in the place of employment, the employer may, in lieu of preparing aroster, display a notice at a conspicuous place in the place ofemployment informing the employee of the fixed rest day soappointed.(3) Every such roster and every particular recorded therein shall bepreserved and shall be made available for inspection for a period notexceeding six years from the last day of the month in respect ofwhich the roster was prepared or cause to be prepared.(4) Any employer who contravenes any of the provisions of thissection commits an offence.Work on rest day60. (1) Except as provided in subsection 60A(2), no employee shall becompelled to work on a rest day unless he is engaged in work whichby reason of its nature requires to be carried on continuously orcontinually by two or more shifts:Provided that in the event of any dispute the Director Generalshall have power to decide whether or not an employee is engaged inwork which by reason of its nature requires to be carried oncontinuously or continually by two or more shifts.(2) (Omitted).(3) (a) In the case of an employee employed on a daily, hourly orother similar rate of pay who works on a rest day, he shall be paid forany period of work— (i)which does not exceed half his normal hours of work,one day’s wages at the ordinary rate of pay; or(ii)which is more than half but does not exceed hisnormal hours of work, two days’ wages at the ordinaryrate of pay. Employment 53(b) In the case of an employee employed on a monthly or weeklyrate of pay who works on a rest day, he shall be paid for any period ofwork— (i)which does not exceed half his normal hours of work,wages equivalent to half the ordinary rate of pay forwork done on that day; or(ii)which is more than half but which does not exceed hisnormal hours of work, one day’s wages at the ordinaryrate of pay for work done on that day. (c) For any work carried out in excess of the normal hours ofwork on a rest day by an employee mentioned in paragraph (a) or (b),he shall be paid at a rate which is not less than two times his hourlyrate of pay.(d) In the case of an employee employed on piece rates whoworks on a rest day, he shall be paid twice his ordinary rate per piece.Hours of work60A. (1) Except as hereinafter provided, an employee shall not berequired under his contract of service to work—(a) more than five consecutive hours without a period ofleisure of not less than thirty minutes duration;(b) more than eight hours in one day;(c) in excess of a spread over period of ten hours in oneday;(d) more than forty-eight hours in one week:Provided that—(i) for the purpose of paragraph (1)(a), any break of lessthan thirty minutes in the five consecutive hours54 Laws of Malaysia ACT 265shall not break the continuity of that fiveconsecutive hours;(ii) an employee who is engaged in work which must becarried on continuously and which requires hiscontinual attendance may be required to work foreight consecutive hours inclusive of a period orperiods of not less than forty-five minutes in theaggregate during which he shall have theopportunity to have a meal; and(iii) where, by agreement under the contract of servicebetween the employee and the employer, the numberof hours of work on one or more days of the week isless than eight, the limit of eight hours may beexceeded on the remaining days of the week, but sothat no employee shall be required to work for morethan nine hours in one day or forty-eight hours inone week.(1A) The Director General may, on the written application of anemployer, grant permission to the employer to enter into a contract ofservice with any one or more of his employees, or with any class,category or description of his employees, requiring the employee oremployees, or the class, category or description of employees, as thecase may be, to work in excess of the limit of hours prescribed underparagraph (1)(a), (b), (c) and (d) but subject to such conditions, ifany, as the Director General may deem proper to impose, if he issatisfied that there are special circumstances pertaining to thebusiness or undertaking of the employer which renders it necessary orexpedient to grant such permission:Provided that the Director General may at any time revoke theapproval given under this subsection if he has reason to believe that itis expedient to do so.(1B) Any person who is dissatisfied with any decision of theDirector General under subsection (1A) may, within thirty days ofsuch decision being communicated to him, appeal in writing therefrom to the Minister.Employment 55(1C) On an appeal made to him under subsection (1B) the Ministermay make such decision or order thereon as appears just and suchdecision or order shall be final.(2) An employee may be required by his employer to exceed thelimit of hours prescribed in subsection (1) and to work on a rest day,in the case of—(a) accident, actual or threatened, in or with respect to hisplace of work;(b) work, the performance of which is essential to the life ofthe community;(c) work essential for the defence or security of Malaysia;(d) urgent work to be done to machinery or plant;(e) an interruption of work which it was impossible toforesee; or(f) work to be performed by employees in any industrialundertaking essential to the economy of Malaysia or anyessential service as defined in the Industrial Relations Act1967:Provided that the Director General shall have the power to enquireinto and decide whether or not the employer is justified in callingupon the employee to work in the circumstances specified inparagraphs (a) to (f).(3) (a) For any overtime work carried out in excess of the normalhours of work, the employee shall be paid at a rate not less than oneand half times his hourly rate of pay irrespective of the basis onwhich his rate of pay is fixed.(b) In this section ―overtime‖ means the number of hours ofwork carried out in excess of the normal hours of work per day:56 Laws of Malaysia ACT 265Provided that if any work is carried out after the spread overperiod of ten hours, the whole period beginning from the time that thesaid spread over period ends up to the time that the employee ceaseswork for the day shall be deemed to be overtime.(c) For the purposes of this section, section 60, paragraph60D(3)(a) and section 60I, ―normal hours of work‖ means the numberof hours of work as agreed between an employer and an employee inthe contract of service to be the usual hours of work per day and suchhours of work shall not exceed the limits of hours prescribed insubsection (1).(4) (a) No employer shall require or permit an employee to workovertime exceeding such limit as may be prescribed by the Ministerfrom time to time by regulations made under this Act, and theregulations so made may provide different limits for different classes,categories or descriptions of employees, and such regulations mayalso provide for such classes, categories or description of employees,as may be specified, to be excluded from their application:Provided that any work carried out on a rest day, or any of thegazetted public holidays referred to in subsection 60D(1), or on anypaid holiday substituted there for under section 60D, shall not beconstrued as overtime work for the purposes of this subsection;And provided further that the Director General may, onapplication made to him in writing by an employer or by an employeeor a group of employees, permit any particular employee, or anygroup, class, category or description of employees in any particularindustry, undertaking or establishment to work overtime in excess ofthe limit of hours so prescribed, subject to such conditions, if any, ashe may deem proper to impose.(aa) Any person who is dissatisfied with any decision of theDirector General made under paragraph (a) may, within thirty days ofsuch decision being communicated to him, appeal in writingtherefrom to the Minister.Employment 57(ab) In deciding any appeal made to him under paragraph(aa), the Minister may make such decision or order thereon asappears just and such decision or order shall be final.(b) For the purposes of the restriction on overtime under thissubsection ―overtime‖ shall have the meaning assigned thereto inparagraph (3)(b).(5) (Omitted).(6) The Minister may make regulations for the purpose ofcalculating the payment due for overtime to an employee employedon piece rates.(7) Except in the circumstances described in paragraph (2)(a),(b),(c), (d) and (e), no employer shall require any employee under anycircumstances to work for more than twelve hours in any one day.(8) This section shall not apply to employees engaged in workwhich by its nature involves long hours of inactive or stand-byemployment.(9) For the purposes of this Part ―hours of work‖ means the timeduring which an employee is at the disposal of the employer and isnot free to dispose of his own time and movements.Task work60B. Nothing contained in this Part shall prevent any employer fromagreeing with any employee that the wages of such employee shall bepaid at an agreed rate in accordance with the task, that is the specificamount of work to be performed, and not by the day or by the piece.Shift work60C. (1) Notwithstanding paragraphs 60A(1)(b), (c) and (d), butsubject to paragraph (1)(a) thereof, an employee who is engagedunder his contract of service in shift work may be required by his58 Laws of Malaysia ACT 265employer to work more than eight hours in any one day or more thanforty-eight hours in any one week but the average number of hoursworked over any period of three weeks, or over any period exceedingthree weeks as may be approved by the Director General, shall notexceed forty-eight per week.(1A) The approval of the Director General in subsection (l) may begranted if the Director General is satisfied that there are specialcircumstances pertaining to the business or undertaking of theemployer which render it necessary or expedient for him to grant thepermission subject to such conditions as he may deem fit to impose.(1B) The Director General may revoke the approval given undersubsection (1A) at any time if he has reason to believe that it isexpedient so to do.(2) Except in the circumstances described in paragraphs 60A(2)(a),(b), (c), (d) and (e), no employer shall require any employee who isengaged under his contract of service in shift work to work for morethan twelve hours in any one day.(3) (Omitted).Holidays60D. (1) Every employee shall be entitled to a paid holiday at hisordinary rate of pay on the following days in any one calendar year:(a) on eleven of the gazetted public holidays, five of whichshall be— (i)the National Day;(ii)the Birthday of the Yang di-Pertuan Agong;(iii)the Birthday of the Ruler or the Yang di-PertuaNegeri, as the case may be, of the State in whichthe employee wholly or mainly works under hiscontract of service, or the Federal Territory Day, Employment 59(b) on any day appointed as a public holiday for that particularyear under section 8 of the Holidays Act 1951 [Act 369]:Provided that if any of the public holidays referred to inparagraphs (a) and (b) falls on— (i)a rest day; or(ii)any other public holiday referred to in paragraphs(a) and (b), the working day following immediately the rest day or the otherpublic holiday shall be a paid holiday in substitution of the firstmentioned public holiday.(1A) The employer shall exhibit conspicuously at the place ofemployment before the commencement of each calendar year a noticespecifying the remaining six gazetted public holidays provided for inparagraph (1)(a) in respect of which his employees shall be entitled topaid holidays under paragraph (1)(a):Provided that by agreement between the employer and anemployee any other day or days may be substituted for one or moreof the remaining six gazetted public holidays provided for inparagraph (1)(a):And provided further that the employer may grant the employeeany other day as a paid public holiday in substitution for any of thepublic holidays referred to in paragraph (1)(b).(1B) Where any of the public holidays or any other daysubstituted therefore as provided in subsection (1) or (1A) falls withinthe period during which an employee is on sick leave or annual leave if the employee wholly or mainly works in theFederal Territory;(iv)the Workers’ Day; and(v)Malaysia Day; and 60 Laws of Malaysia ACT 265to which the employee is entitled under this Act, or falls during theperiod of temporary disablement under the Workmen’sCompensation Act 1952, or under the Employees Social Security Act1969, the employer shall grant another day as a paid holiday insubstitution for such public holiday or the day substituted therefore.(2) Any employee who absents himself from work on the workingday immediately preceding or immediately succeeding a publicholiday or two or more consecutive public holidays or any day ordays substituted therefore under this section without the prior consentof his employer shall not be entitled to any holiday pay for suchholiday or consecutive holidays unless he has a reasonable excuse forsuch absence.(2A) An employee on a monthly rate of pay shall be deemed tohave received his holiday pay if he receives from his employer hismonthly wages, without abatement (other than as provided undersubsection (2)) in respect of the holiday, for the month in which theholiday falls.(3) (a) Notwithstanding subsections (1), (1A) and (1B), anyemployee may be required by his employer to work on any paidholiday to which he is entitled under the said subsections and in suchevent he shall, in addition to the holiday pay he is entitled to for thatday—(i) in the case of an employee employed on a monthly,weekly, daily, hourly, or other similar rate of pay, bepaid two days’ wages at the ordinary rate of pay; or(ii) in the case of an employee employed on piece rates, bepaid twice the ordinary rate per piece,regardless that the period of work done on that day is less than thenormal hours of work.(aa) For any overtime work carried out by an employeereferred to in subparagraph (a)(i) in excess of the normal hours ofwork on a paid public holiday, the employee shall be paid at a ratewhich is not less than three times his hourly rate of pay.Employment 61(aaa) For any overtime work carried out by an employeereferred to in subparagraph (a)(ii) in excess of the normal hours ofwork on any paid holiday, the employee shall be paid not less thanthree times the ordinary rate per piece.(b) An employee who works on a holiday shall be entitledto a travelling allowance for that day if payable to him under theterms of his agreement with his employer but such employee shallnot be entitled under this subsection to receive an increased rate ofany housing allowance or food allowance.(4) For the purposes of this section if any such holiday falls on ahalf working day, the ordinary rate of pay payable shall be that of afull working day.Annual leave60E. (1) An employee shall be entitled to paid annual leave of—(a) eight days for every twelve months of continuous servicewith the same employer if he has been employed by thatemployer for a period of less than two years;(b) twelve days for every twelve months of continuousservice with the same employer if he has been employedby that employer for a period of two years or more butless than five years; and(c) sixteen days for every twelve months of continuousservice with the same employer if he has been employedby that employer for a period of five years or more,and if he has not completed twelve months of continuous service withthe same employer during the year in which his contract of serviceterminates, his entitlement to paid annual leave shall be in directproportion to the number of completed months of service:Provided that any fraction of a day of annual leave so calculatedwhich is less than one-half of a day shall be disregarded, and where62 Laws of Malaysia ACT 265the fraction of a day is one-half or more it shall be deemed to be oneday;And provided further that where an employee absents himselffrom work without the permission of his employer and withoutreasonable excuse for more than ten per centum of the working daysduring the twelve months of continuous service in respect of whichhis entitlement to such leave accrues he shall not be entitled to suchleave.(1A) The paid annual leave to which an employee is entitled undersubsection (1) shall be in addition to rest days and paid holidays.(1B) Where an employee who is on paid annual leave becomesentitled to sick leave or maternity leave while on such annual leave,the employee shall be granted the sick leave or the maternity leave, asthe case may be, and the annual leave shall be deemed to have notbeen taken in respect of the days for which sick leave or maternityleave is so granted.(2) The employer shall grant and the employee shall take suchleave not later than twelve months after the end of every twelvemonths continuous service and any employee who fails to take suchleave at the end of such period shall thereupon cease to be entitledthereto:Provided that an employee shall be entitled to payment in lieu ofsuch annual leave if, at the request of his employer, he agrees inwriting not to avail himself of any or all of his annual leaveentitlement.(2A) Notwithstanding subsection (2), upon the termination of anemployee’s contract of service, the employee shall be entitled to takebefore such termination takes place the paid annual leave due to betaken in the year in which the termination takes place in respect of thetwelve months of service preceding the year in which the terminationtakes place, and, in addition, the leave accrued in respect of thecompleted months of service during the year in which the terminationtakes place.Employment 63(3) The employer shall pay the employee his ordinary rate of payfor every day of paid annual leave, and an employee on a monthlyrate of pay shall be deemed to have received the annual leave pay ifhe receives his monthly wages, without abatement in respect of suchannual leave, for the month in which he takes such annual leave.(3A) If the contract of service has been terminated by either partybefore an employee has taken the paid annual leave to which he isentitled under this section, the employer shall pay the employee hisordinary rate of pay in respect of every day of such leave:Provided that this subsection shall not apply where an employeeis dismissed under paragraph 14(1)(a).(3B) Where an employee is granted leave of absence without payby his employer during any period of twelve months and the periodof absence exceeds in the aggregate thirty days, that period of leaveof absence shall be disregarded for the purpose of computing hislength of service with the employer under this section.(4) The Minister may, by notification in the Gazette, fix theperiods when and prescribe the manner in which annual leave shall begranted to employees in different types of employment or in differentclasses of industries.Sick leave60F. (1) An employee shall, after examination at the expense of theemployer—(a) by a registered medical practitioner duly appointed by theemployer; or(b) if no such medical practitioner is appointed or, if havingregard to the nature or circumstances of the illness, theservices of the medical practitioner so appointed are notobtainable within a reasonable time or distance, by anyother registered medical practitioner or by a medicalofficer,64 Laws of Malaysia ACT 265be entitled to paid sick leave,—(aa) where no hospitalization is necessary,—(i) of fourteen days in the aggregate in each calendaryear if the employee has been employed for less thantwo years;(ii) of eighteen days in the aggregate in each calendaryear if the employee has been employed for twoyears or more but less than five years;(iii) of twenty-two days in the aggregate in each calendaryear if the employee has been employed for fiveyears or more; or(bb) of sixty days in the aggregate in each calendar year ifhospitalization is necessary, as may be certified by suchregistered medical practitioner or medical officer:Provided that the total number of days of paid sick leave in acalender year which an employee is entitled to under this section shallbe sixty days in the aggregate;And provided further that if an employee is certified by suchregistered medical practitioner or medical officer to be ill enough toneed to be hospitalized but is not hospitalized for any reasonwhatsoever, the employee shall be deemed to be hospitalized for thepurposes of this section.(1A) An employee shall also be entitled to paid sick leave underparagraphs (1)(aa) and (bb) after examination by a dental surgeon asdefined in the Dental Act 1971 [Act 51]:Provided that the entitlement for such sick leave shall be inclusiveof the number of days provided for under paragraphs (1)(aa) and(bb).(2) An employee who absents himself on sick leave—Employment 65(a) which is not certified by a registered medical practitioneror a medical officer as provided under subsection (1) or adental surgeon as provided under subsection (1A); or(b) which is certified by such registered medical practitioneror medical officer or dental surgeon, but withoutinforming or attempting to inform his employer of suchsick leave within forty-eight hours of the commencementthereof,shall be deemed to absent himself from work without the permissionof his employer and without reasonable excuse for the days on whichhe is so absent from work.(3) The employer shall pay the employee his ordinary rate of payfor every day of such sick leave, and an employee on a monthly rateof pay shall be deemed to have received his sick leave pay if hereceives from his employer his monthly wages, without abatement inrespect of the days on which he was on sick leave, for the monthduring which he was on such sick leave.(4) No employee shall be entitled to paid sick leave for the periodduring which the employee is entitled to maternity allowance underPart IX, or for any period during which he is receiving anycompensation for disablement under the Workmen’s CompensationAct 1952 [Act 273], or any periodical payments for temporarydisablement under the Employees Social Security Act 1969 [Act 4].60G. (Omitted).60H. (Omitted).Interpretation60I. (1) For the purposes of this Part and Part IX—66 Laws of Malaysia ACT 265(a) ―ordinary rate of pay‖ means wages as defined in section2, whether calculated by the month, the week, the day,the hour, or by piece rate, or otherwise, which anemployee is entitled to receive under the terms of hiscontract of service for the normal hours of work for oneday, but does not include any payment made under anapproved incentive payment scheme or any payment forwork done on a rest day or on any gazetted publicholiday granted by the employer under the contract ofservice or any day substituted for the gazetted publicholiday; and(b) ―hourly rate of pay‖ means the ordinary rate of paydivided by the normal hours of work.(1A) Where an employee is employed on a monthly rate of pay,the ordinary rate of pay shall be calculated according to the followingformula:monthly rate of pay.26(1B) Where an employee is employed on a weekly rate of pay, theordinary rate of pay shall be calculated according to the followingformula:monthly rate of pay.6(1C) Where an employee is employed on a daily or an hourly rateof pay or on piece rates, the ordinary rate of pay shall be calculatedby dividing the total wages earned by the employee during thepreceding wage period (excluding any payment made under anapproved incentive payment scheme or for work done on any restday, any gazetted public holiday granted by the employer under thecontract of service or any day substituted for the gazetted publicholiday) by the actual number of days the employee had workedduring that wage period (excluding any rest day, any gazetted publicEmployment 67holiday or any paid holiday substituted for the gazetted publicholiday).(1D) For the purposes of payment of sick leave under section 60F,the calculation of the ordinary rate of pay of an employee employedon a daily or an hourly rate of pay or on piece rates under subsection(1C) shall take account only of the basic pay the employee receives orthe rate per piece he is paid for work done in a day under the contractof service.(2) An employer may adopt any method or formula other than themethod or formula in subsection (1A), (1B) or (1C) for calculating theordinary rate of pay of an employee; but the adoption of any othermethod or formula shall not result in a rate which is less than any ofthe rates provided in the subsections.(3) For the purpose of this section, the Director General may, onapplication made to him in writing by an employer, approve inwriting any incentive payment scheme as an approved incentivepayment scheme.PART XIIATERMINATION, LAY-OFF, AND RETIREMENT BENEFITSTermination, lay-off and retirement benefits60J. (1) The Minister may, by regulations made under this Act,provide for the entitlement of employees to, and for the payment byemployers of—(a) termination benefits;(b) lay-off benefits;(c) retirement benefits.(2) Without prejudice to the generality of subsection (1),regulations made by virtue of subsection (1) may provide—68 Laws of Malaysia ACT 265(a) for the definition of the expression ―termination benefits‖,―lay-off benefits‖, or ―retirement benefits‖, as the casemay be, and for the circumstances in which the same shallbe payable;(b) for the application thereof to employees who were inemployment under a contract of service immediatelybefore the commencement of such regulations and whocontinue in such employment after the commencementthereof;(c) for the application thereof to all employees generally or toany particular class, category or description of employees;(d) for the exclusion from the application thereof of anyparticular employee or employees, or any class, categoryor description of employees;(e) for the payment of different rates or amounts oftermination benefits, lay-off benefits, or retirementbenefits, as the case may be, to different classes,categories or descriptions of employees.PART XIIBEMPLOYMENT OF FOREIGN EMPLOYEESDuty to furnish information and returns60K. (1) An employer who employs a foreign employee shall, withinfourteen days of the employment, furnish the Director General withthe particulars of the foreign employee by forwarding the particularsto the nearest office of the Director General in such manner as maybe determined by the Director General.(2) An employer or any specified class or classes of employers,whenever required to do so by the Director General, shall furnishreturns of particulars relating to the employment of a foreignEmployment 69employee in such manner and at such intervals as the DirectorGeneral may direct.(3) If the service of a foreign employee is terminated—(a) by the employer;(b) by the foreign employee;(c) upon the expiry of the employment pass issued by theImmigration Department of Malaysia to the foreignemployee; or(d) by the repatriation or deportation of the foreign employee,the employer shall, within thirty days of the termination of service,inform the Director General of the termination in a manner as may bedetermined by the Director General.(4) For the purpose of paragraph (3)(b), the termination ofservice by a foreign employee includes the act of the foreignemployee absconding from his place of employment.(5) An employer who contravenes subsection (1) commits anoffence and shall, on conviction, be liable to a fine not exceeding tenthousand ringgit.Director General may inquire into complaint60L. (1) The Director General may inquire into any complaint from alocal employee that he is being discriminated against in relation to aforeign employee, or from a foreign employee that he is beingdiscriminated against in relation to a local employee, by his employerin respect of the terms and conditions of his employment; and theDirector General may issue to the employer such directives as may benecessary or expedient to resolve the matter.(2) An employer who fails to comply with any directive of theDirector General issued under subsection (1) commits an offence.70 Laws of Malaysia ACT 265Prohibition on termination of local for foreign employee60M. No employer shall terminate the contract of service of a localemployee for the purpose of employing a foreign employee.Termination of employment by reason of redundancy60N. Where an employer is required to reduce his workforce byreason of redundancy necessitating the retrenchment of any numberof employees, the employer shall not terminate the services of a localemployee unless he has first terminated the services of all foreignemployees employed by him in a capacity similar to that of the localemployee.Permanent resident exempted from this Part60O. For the purposes of this Part, the term ―foreign employee‖ shallnot include a foreign employee who is a permanent resident ofMalaysia.PART XIIIREGISTERS, RETURNS AND NOTICE BOARDSDuty to keep registers61. (1) Every employer shall prepare and keep one or more registerscontaining such information regarding each employee employed byhim as may be prescribed by regulations made under this Act.(2) Every such register shall be preserved for such period thatevery particular recorded therein shall be available for inspection fornot less than six years after the recording thereof.(3) Notwithstanding subsections (1) and (2), the Director General,on a written application by an employer, may permit the employer tokeep the information required under subsection (1) in any otherEmployment 71manner as may be approved by the Director General subject to suchconditions as he may deem fit to impose.Power to make regulations requiring information as to wages62. The Minister may, by regulations made under this Act, providethat every employer or any specified class or classes of employersshall make available, in such form and at such intervals as may beprescribed, to every employee employed by him or them or to suchclass or classes of employees as may be specified such particulars asmay be specified relating to the wages of such employees or any ofthem.Duty to submit returns63. (1) The Director General may, by notification in the Gazette or bynotice in writing require every employer or such class or classes ofemployers as may be specified, and every owner or occupier of landupon which employees are employed or such class or classes ofowners or occupiers as may be specified, to forward to the DirectorGeneral at such times as he may direct a return or returns, in suchform or forms as he may prescribe, giving such particulars relating tothe employees of the employers, or to the employees employed on theland, as may be prescribed.(2) Notwithstanding the provisions of this Act, the powers of theDirector General under subsection (1) extends to every employeeemployed under a contract of service irrespective of the monthlywages of the employee.Duty to give notice and other information63A. (1) Any person or employer who proposes—(a) to operate any agricultural or industrial undertaking or anyestablishment where any commerce, trade, profession orbusiness of any description is carried on; or72 Laws of Malaysia ACT 265(b) to take over or commence business in such undertaking orestablishment; or(c) to change the name or the location of such undertaking orestablishment,in which any employee is employed or is likely to be employed shall,within ninety days of such commencing of operation, taking over orcommencing of business, or changing the name or the location of theundertaking or establishment, as the case may be, give notice inwriting thereof to the nearest office of the Director of Labour havingjurisdiction for the area in which that undertaking or establishment islocated and furnish such office of the Director of Labour with—(i) the registered name, address and nature of business of;(ii) the name of the manager or person in charge of; and(iii) a statement of the categories and total number ofemployees employed in,that undertaking or establishment.(1A) For the purposes of this section the expressions―commencing of operation‖ and ―commencing of business‖ eachmeans the date on which the undertaking or establishment isregistered under any written law, or the date on which the firstemployee is employed in furtherance of the operation, commerce,trade or business of such undertaking or establishment, whichever isearlier.(2) Where any undertaking or establishment as is referred to insubsection (1) is already in operation or has commenced business,such notice shall be given within ninety days of the coming into forceof this section.(3) Any person or employer who fails to give notice as requiredby this section or gives such notice containing any false particularscommits an offence.Employment 73Duty to display notice boards64. The owner of any—(a) estate of twenty hectares or more;(b) mine;(c) factory;(d) trade, business or manufacturing activity carried on in anypremises,on or in which not less than five employees are employed shall, ifsuch estate, mine, factory or premises is outside the limits of a City,Municipality, Town Council, Town Board or other local authority,cause to be erected where practicable in a conspicuous place at oradjacent to the place where the access road to such estate, mine,factory or premises joins the main road or a railway or river, as thecase may be, a notice board on which shall be set out in the nationallanguage the name of such estate, mine, factory, trade, business ormanufacturing activity and the address of the registered or otheroffice thereof.PART XIVINSPECTIONPowers of inspection and inquiry65. The Director General shall have power to enter without previousnotice at all times any place of employment where he has reasonablegrounds for believing that employees are employed and to inspectany building occupied or used for any purpose connected with suchemployment and to make any inquiry which he considers necessaryin relation to any matter within the provisions of this Act.74 Laws of Malaysia ACT 265Inspecting officer to notify presence66. On the occasion of any inspection under this Part the DirectorGeneral shall where practicable notify the owner or occupier of theplace of employment, and the employer of any employees employedthereat, of his presence unless he has reasonable grounds forbelieving that such notification might be prejudicial to theperformance of his duties.Powers of inspecting officers67. In the course of an inspection under this Part—(a) the Director General may examine orally any person whomhe believes to be acquainted with the facts andcircumstances of any matter within the provisions of thisAct;(b) the person so examined shall be legally bound to answertruthfully all questions put to him;(c) the Director General examining a person under paragraph(a) shall first inform that person of the provisions ofparagraph (b);(d) a statement made by a person under this section shall,whenever possible, be reduced into writing and signed bythe person making it or affixed with his thumb print, as thecase may be, after it has been read to him in the language inwhich he made it and after he has been given an opportunityto make any correction he may wish; and(e) any statement made and recorded under this section shall beadmissible as evidence in any proceedings in Court.(2) Notwithstanding subsection (1), a person examined under thatsubsection may refuse to answer any question the answer to whichwould have a tendency to expose him to a criminal charge or penaltyor forfeiture.Employment 75(3) The Director General, in addition to the powers conferred onhim under subsection (1), may—(a) require the employer to produce before him all or any ofthe employees employed by him together with anycontracts of service, books of account of wages, registersand other documents relating to the employees or theiremployment and to answer such questions in respect ofthe employees or their employment as he may think fit toask;(b) copy or make extracts from the contracts of service, booksof account of wages, registers and other documentsrelating to the employees or their employment;(c) take possession of the contracts of service, books ofaccount of wages, registers and other documents relatingto the employees or their employment where, in hisopinion—(i) the inspection, copying or the making of extracts fromthe contracts of service, books of account of wages,registers or other documents cannot reasonably beundertaken without taking possession of them;(ii) the contracts of service, books of account of wages,registers or other documents may be interfered with ordestroyed unless he takes possession of them; or(iii) the contracts of service, books of account of wages,registers or other documents may be needed asevidence in any legal proceedings under this Act.(4) Notwithstanding paragraph (3)(a), no employee shall berequired to leave or to cease from performing any work on which heis engaged if his absence or cessation from such work wouldendanger life or property or seriously disrupt any operation beingcarried on by his employer.76 Laws of Malaysia ACT 265Officers to be authorized by the Director General68. An officer appointed under subsection 3(2) shall not exercise anyof the powers of the Director General under this Part unless he is inpossession of an official identification card signed by the DirectorGeneral authorizing him to exercise such powers, and any officer soauthorized shall produce his official identification card on demand tothe owner or occupier of the place of employment and to theemployer of any employees employed thereat.PART XVCOMPLAINTS AND INQUIRIESDirector General’s power to inquire into complaints69. (1) The Director General may inquire into and decide any disputebetween an employee and his employer in respect of wages or anyother payments in cash due to such employee under—(a) any term of the contract of service between such employeeand his employer;(b) any of the provisions of this Act or any subsidiarylegislation made thereunder; or(c) the provisions of the Wages Councils Act 1947 [Act 195]or any order made thereunder,and, in pursuance of such decision, may make an order in theprescribed form for the payment by the employer of such sum ofmoney as he deems just without limitation of the amount thereof.(2) The powers of the Director General under subsection (1) shallinclude the power to hear and decide, in accordance with theprocedure laid down in this Part, any claim by—(i) an employee against any person liable under section33;Employment 77(ii) a contractor for labour against a contractor or subcontractor for any sum which the contractor for labourclaims to be due to him in respect of any labourprovided by him under his contract with the contractoror sub-contractor; or(iii) an employer against his employee in respect ofindemnity due to such employer under subsection13(1),and to make such consequential orders as may be necessary to giveeffect to his decision.(3) In addition to the powers conferred by subsections (1) and (2),the Director General may inquire into and confirm or set aside anydecision made by an employer under subsection 14(1) and theDirector General may make such consequential orders as may benecessary to give effect to his decision:Provided that if the decision of the employer under paragraph14(1)(a) is set aside, the consequential order of the Director Generalagainst such employer shall be confined to payment of indemnity inlieu of notice and other payments that the employee is entitled to as ifno misconduct was committed by the employee:Provided further that the Director General shall not set aside anydecision made by an employer under paragraph 14(1)(c) if suchdecision has not resulted in any loss in wages or other paymentspayable to the employee under his contract of service:And provided further that the Director General shall not exercisethe power conferred by this subsection unless the employee has madea complaint to him under the provisions of this Part within sixty daysfrom the date on which the decision under section 14 iscommunicated to him either orally or in writing by his employer.(3A) An order made by the Director General for the payment ofmoney under this section shall carry interest at the rate of eight percentum per annum, or at such other rate not exceeding eight per78 Laws of Malaysia ACT 265centum per annum as the Director General may direct, the interest tobe calculated commencing on the thirty-first day from the date of themaking of the order until the day the order is satisfied:Provided that the Director General, on an application by anemployer made within thirty days from the date of the making of theorder, if he is satisfied that special circumstances exist, maydetermine any other date from which the interest is to be calculated.(4) Any person who fails to comply with any decision or order ofthe Director General made under this section commits an offence andshall be liable, on conviction, to a fine not exceeding ten thousandringgit; and shall also, in the case of a continuing offence, be liable toa daily fine not exceeding one hundred ringgit for each day theoffence continues after conviction.Limitation on power conferred by section 6969A. Notwithstanding section 69, the Director General shall notinquire into, hear, decide or make any order in respect of any claim,dispute or purported dispute which, in accordance with the IndustrialRelations Act 1967—(a) is pending in any inquiry or proceedings under that Act;(b) has been decided upon by the Minister under subsection20(3) of that Act; or(c) has been referred to, or is pending in any proceedingsbefore, the Industrial Court.Additional powers of Director General to inquire into complaints69B. (1) Notwithstanding the provisions of this Act, the powers ofthe Director General under paragraph 69(1)(a) shall extend toemployees whose wages per month exceed two thousand ringgit butdoes not exceed five thousand ringgit.Employment 79(2) For the purposes of this section, the term ―wages‖ meanswages as defined in section 2 but does not include any payment byway of commission, subsistence allowance or overtime payment.(3) Save for Parts XV and XVI which shall apply with thenecessary modifications, the other provisions of this Act shall notapply to the employees referred to in subsection (1).Claims for indemnity for termination of contract without notice69C. (1) In the exercise of his powers under subsection 69B(1), theDirector General may inquire into and decide any claim concerningany indemnity due to the employer or employee where the contract ofservice is terminated by either party without notice, or if notice wasgiven, without waiting for the expiry of that notice.(2) The indemnity due to the employer or employee undersubsection (1) shall be a sum equal to the amount of wages whichwould have accrued to the employee during the term of the notice orduring the unexpired term of the notice.Order of Director General may be in writing69D. Notwithstanding subsection 69(1), an order of the DirectorGeneral made under subsection 69B(1) or 69C(1) for the payment byor to the employer or employee of a sum of money as the DirectorGeneral deems just, without any limitation of amount, may be madein writing.Penalty for offence69E. A person who fails to comply with a decision or an order of theDirector General made under subsection 69B(1) or 69C(1) shall beguilty of an offence and shall, on conviction, be liable to a fine notexceeding ten thousand ringgit; and shall also, in the case of acontinuing offence, be liable to a daily fine not exceeding onehundred ringgit for each day the offence continues after conviction.80 Laws of Malaysia ACT 265Procedure in Director General’s inquiry70. The procedure for disposing of questions arising under sections69, 69B and 69C shall be as follows:(a) the person complaining shall present to the Director Generala written statement of his complaint and of the remedywhich he seeks or he shall in person make a statement to theDirector General of his complaint and of the remedy whichhe seeks;(b) the Director General shall as soon as practicable thereafterexamine the complainant on oath or affirmation and shallrecord the substance of the complainant’s statement in hiscase book;(c) the Director General may make such inquiry as he deemsnecessary to satisfy himself that the complaint disclosesmatters which in his opinion ought to be inquired into andmay summon in the prescribed form the person complainedagainst, or if it appears to him without any inquiry that thecomplaint discloses matters which ought to be inquired intohe may forthwith summon the person complained against:Provided that if the person complained against attendsin person before the Director General it shall not benecessary to serve a summons upon him;(d) when issuing a summons to a person complained against theDirector General shall give such person notice of the natureof the complaint made against him and the name of thecomplainant and shall inform him of the date, time andplace at which he is required to attend and shall inform himthat he may bring with him any witnesses he may wish tocall on his behalf and that he may apply to the DirectorGeneral for summonses to such persons to appear aswitnesses on his behalf;(e) when the Director General issues a summons to a personcomplained against he shall inform the complainant of theEmployment 81date, time and place mentioned therein and shall instruct thecomplainant to bring with him any witnesses he may wishto call on his behalf and may, on the request of thecomplainant and subject to any conditions as he may deemfit to impose, issue summonses to such witnesses to appearon behalf of the complainant;(f) when at any time before or during an inquiry the DirectorGeneral has reason to believe that there are any personswhose financial interests are likely to be affected by suchdecision as he may give on completion of the inquiry orwho he has reason to believe have knowledge of the mattersin issue or can give any evidence relevant thereto he maysummon any or all of such persons;(g) the Director General shall, at the time and place appointed,examine on oath or affirmation those persons summoned orotherwise present whose evidence he deems material to thematters in issue and shall then give his decision on thematters in issue;(h) if the person complained against or any person whosefinancial interests the Director General has reason to believeare likely to be affected and who has been duly summonedto attend at the time and place appointed in the summonsshall fail so to attend the Director General may hear anddecide the complaint in the absence of such personnotwithstanding that the interests of such person may beprejudicially affected by his decision;(i) in order to enable a court to enforce the decision of theDirector General, the Director General shall embody hisdecision in an order in such form as may be prescribed.Director General’s record of inquiry71. The Director General shall keep a case book in which he shallrecord the evidence of persons summoned or otherwise present andhis decision and order in each matter in issue before him and shall82 Laws of Malaysia ACT 265authenticate the same by attaching his signature thereto and therecord in such case book shall be sufficient evidence of the giving ofany decision; and any person interested in such decision or order shallbe entitled to a copy thereof free of charge and to a copy of the recordupon payment of the prescribed fee.Joinder of several complaints in one complaint72. Where it appears to the Director General in any proceedingsunder this Part that there are more employees than one having acommon cause for complaint against the same employer or personliable, it shall not be necessary for each such employee to make aseparate complaint under this Part, but the Director General may, ifhe thinks fit, permit one or more of them to make a complaint and toattend and act on behalf of and generally to represent the others, andthe Director General may proceed to a decision on the joint complaintor complaints of each and all such employees:Provided that, where the Director General is of opinion that theinterests of the employer or person liable are likely to be prejudicedby the non-attendance of any employee, he shall require the personalattendance of such employee.Prohibitory order by Director General to third party73. (1) Whenever the Director General shall have made an orderunder section 69, 69B or 69C against any employer or any personliable for the payment of any sum of money to any employee orcontractor for labour and the Director General has reason to believethat there exists between such employer or person liable and anyother person a contract in the course of the performance of which theemployee or sub-contractor performed the work in respect of whichthe order was made, the Director General may summon such otherperson and, if after enquiry he is satisfied that such a contract exists,may make an order in the prescribed form prohibiting him frompaying to the employer or person liable and requiring him to pay tothe Director General any money (not exceeding the amount foundEmployment 83due to such employee or contractor for labour) admitted by him to beowing to the employer or person liable in respect of such contract:Provided that where such other person admits to the DirectorGeneral in writing that money is owing by him under such contract tothe employer or person liable he need not be summoned to attendbefore the Director General and the Director General may make suchorder in his absence:Provided further that where such other person is liable as aprincipal under subsection 33(1) to pay any wages due by theemployer or person liable and where the money admitted by him tobe owing to the employer or person liable is not sufficient to pay thewhole of such wages nothing in this subsection shall relieve him ofhis liability for the balance of such wages up to the amount for whichhe is liable under proviso (b) to the said subsection.(2) The payment of any money in pursuance of an order undersubsection (1) shall be a discharge and payment up to the amount sopaid of money due to the employer or person liable under thecontract.No fees for summons: service of summons74. (1) No fee shall be charged by the Director General in respect ofany summons issued by him under this Part.(2) Any such summons may be served by a Sessions Court or aMagistrates’ Court on behalf of the Director General, or in such othermanner, and by such person, as the Director General may deem fit.Enforcement of Director General’s order by Sessions Court75. Where any order has been made by the Director General underthis Part, and the same has not been complied with by the person towhom it is addressed, the Director General may send a certified copythereof to the Registrar of a Sessions Court, or to the Court of a FirstClass Magistrate, having jurisdiction in the place to which the order84 Laws of Malaysia ACT 265relates or in the place where the order was made, and the saidRegistrar or Court, as the case may be, shall cause the said copy to berecorded and thereupon the said order shall for all purposes beenforceable as a judgment of the Sessions Court, or of the Court ofthe First Class Magistrate, as the case may be, notwithstanding thatthe same may in respect of amount or value be in excess of theordinary jurisdiction of the said Court:Provided that no sale of immovable property shall for thepurposes of such enforcement be ordered except by the High Court.Submission by Director General to High Court on point of law76. (1) In any proceedings under this Part the Director General may,if he thinks fit, submit any question of law for the decision of a Judgeof the High Court and if he does so he shall decide the proceedings inconformity with such decision.(2) An appeal shall lie to the Court of Appeal from any decisionof a Judge under subsection (1).Appeal against Director General’s order to High Court77. (1) If any person whose financial interests are affected isdissatisfied with the decision or order of the Director General undersection 69, 69B, 69C, 73 or subsection 81D(4) such person may appealto the High Court.(2) Subject to any rules made under section 4 of the SubordinateCourt Rules Act 1955 [Act 55], the procedure in an appeal to theHigh Court shall be the procedure in a civil appeal from a SessionsCourt with such modifications as the circumstances may require.Employee’s remedy when employer about to abscond78. (1) If any employee complains to a Magistrate that he hasreasonable grounds for believing that his employer, in order to evadeEmployment 85payment of his wages, is about to abscond, the Magistrate maysummon such employer and direct him to show cause why he shouldnot be required to give security by bond to remain in Malaysia untilsuch wages are paid; and if, after hearing the evidence of suchemployer, the Magistrate decides that such bond shall be given theMagistrate may order such employer to give security by bond in suchsum as to the Magistrate seems reasonable, that he will not leaveMalaysia until the Magistrate is satisfied that all the just claims ofsuch employee against him for wages have been paid or settled.(2) If the employer fails to comply with the terms of such orderto give security, he shall be detained in prison until arrangementshave been made to the satisfaction of the Magistrate for settling theclaims of such employee:Provided that—(a) such employer shall be released at any time by thecommitting Magistrate on security being furnished or onhis paying either the whole or such part as to theMagistrate seems reasonable of all just claims of suchemployee against him for wages or on the filing of apetition in bankruptcy by or against him; and(b) in no case shall the period of such detention exceed threemonths.(3) The bond to be given by an employer shall be a personal bondwith one or more sureties, and the penalty for breach of the bondshall be fixed with due regard to the circumstances of the case and themeans of the employer.(4) If on or after a complaint by any employee under subsection(1) it appears to the Magistrate that there is good ground for believingthat the employer complained against has absconded or is abscondingor is about to abscond, the Magistrate may issue a warrant for thearrest of such employer and such employer shall be detained incustody pending the hearing of the complaint unless he finds goodand sufficient security to the satisfaction of the Magistrate for hisappearance to answer the complaint.86 Laws of Malaysia ACT 265(5) For the purposes of this section a certificate purporting to besigned by the Director General and issued to the Magistrate to theeffect that wages claimed have been paid or settled shall be sufficientevidence of the payment or settlement thereof.Powers of Director General to investigate possible offences underthis Act79. (1) Whenever the Director General has reasonable grounds forsuspecting that an offence under this Act has been committed, orwishes to inquire into any matter dealt with by this Act or into anydispute as to such matter or into the death of or injury to an employee(not the subject of an investigation under the Electricity Supply Act1990 [Act 447], or the Factories and Machinery Act 1967, or anywritten law relating to mining for the time being in force in Malaysiaor any part thereof) or into any matter connected with thekeeping of registers and other documents, or whenever any personcomplains to the Director General of any breach of any provision ofthis Act, the Director General may summon any person who he hasreason to believe can give information respecting such offence or thesubject matter of such inquiry or complaint.(2) If upon inquiry as aforesaid the Director General is of opinionthat an offence has been committed, he may institute such criminalproceedings as he may deem necessary.(3) A summons issued under this section shall be in such form asmay be prescribed.Examination on summons by the Director General80. Any person summoned by the Director General under this Partshall be legally bound to attend at the time and place specified in thesummons and to answer truthfully all questions which the DirectorGeneral may put to him.Employment 87Right of employee to appear before Director General81. No employer shall prevent or attempt to prevent any employeefrom appearing before the Director General in pursuance of this Part.PART XVASEXUAL HARASSMENTInterpretation81A. For the purposes of this Part, ―complaint of sexual harassment‖means any complaint relating to sexual harassment made—(i) by an employee against another employee;(ii) by an employee against any employer; or(iii) by an employer against an employee.Inquiry into complaints of sexual harassment81B. (1) Upon receipt of a complaint of sexual harassment, anemployer or any class of employers shall inquire into the complaintin a manner prescribed by the Minister.(2) Subject to subsection (3), where an employer refuses to inquireinto the complaint of sexual harassment as required under subsection(1), he shall, as soon as practicable but in any case not later thanthirty days after the date of the receipt of the complaint, inform thecomplainant of the refusal and the reasons for the refusal in writing.(3) Notwithstanding subsection (2), an employer may refuse toinquire into any complaint of sexual harassment as required undersubsection (1), if—88 Laws of Malaysia ACT 265(a) the complaint of sexual harassment has previously beeninquired into and no sexual harassment has been proven;or(b) the employer is of the opinion that the complaint of sexualharassment is frivolous, vexatious or is not made in goodfaith.(4) Any complainant who is dissatisfied with the refusal of theemployer to inquire into his complaint of sexual harassment, mayrefer the matter to the Director General.(5) The Director General after reviewing the matter referred to himunder subsection (4)—(a) if he thinks the matter should be inquired into, direct theemployer to conduct an inquiry; or(b) if he agrees with the decision of the employer not toconduct the inquiry, inform the person who referred thematter to him that no further action will be taken.Findings of inquiry by employer81C. Where the employer conducts an inquiry into a complaint ofsexual harassment received under subsection 81B(1) and theemployer is satisfied that sexual harassment is proven, the employershall—(a) in the case where the person against whom the complaintof sexual harassment is made is an employee, takedisciplinary action which may include the following: (i)dismissing the employee without notice;(ii)downgrading the employee; or(iii)imposing any other lesser punishment as hedeems just and fit, and where the punishment of Employment 89 suspension without wages is imposed, it shall notexceed a period of two weeks; and (b) in the case where the person against whom the complaintof sexual harassment is made is a person other than anemployee, recommend that the person be brought beforean appropriate disciplinary authority to which the personis subject to.Complaints of sexual harassment made to the Director General81D. (1) If a complaint of sexual harassment is made to the DirectorGeneral, the Director General shall assess the complaint and maydirect an employer to inquire into such complaint.(2) The employer shall inquire into the complaint of sexualharassment when directed to do so under subsection (1) and submit areport of the inquiry to the Director General within thirty days fromthe date of such direction.(3) If a complaint of sexual harassment received by the DirectorGeneral is made against an employer who is a sole proprietor, theDirector General shall inquire into such complaint himself in amanner prescribed by the Minister.(4) Upon inquiry by the Director General of the complaint ofsexual harassment under subsection (3), the Director General shalldecide if sexual harassment is proven or not and such decision shallbe informed to the complainant as soon as practicable.(5) Notwithstanding subsection (3), the Director General mayrefuse to inquire into any complaint of sexual harassment receivedunder subsection (3), if—(a) the complaint of sexual harassment has previously beeninquired into by the Director General and no sexualharassment has been proven; or(b) the Director General is of the opinion that the complaintof sexual harassment is frivolous, vexatious or is notmade in good faith.90 Laws of Malaysia ACT 265(6) Where the Director General refuses to inquire into thecomplaint of sexual harassment received under subsection (3), heshall, as soon as practicable but in any case not later than thirty daysafter the date of the receipt of the complaint, inform the complainantof the refusal and the reasons for the refusal in writing.Effects of decisions of the Director General81E. (1) Where the Director General decides under subsection 81D(4)that sexual harassment is proven, the complainant may terminate hiscontract of service without notice.(2) If the complainant terminates the contract of service undersubsection (1), the complainant is entitled to—(a) wages as if the complainant has given the notice of thetermination of contract of service; and(b) termination benefits and indemnity,as provided for under the Act or the contract of service, as the casemay be.Offence81F. Any employer who fails—(a) to inquire into complaints of sexual harassment undersubsection 81B(1);(b) to inform the complainant of the refusal and the reasonsfor the refusal as required under subsection 81B(2);(c) to inquire into complaints of sexual harassment whendirected to do so by the Director General under paragraph81B(5)(a) or subsection 81D(2); or(d) to submit a report of inquiry into sexual harassment to theDirector General under subsection 81D(2);Employment 91commits an offence and shall, on conviction, be liable to a fine notexceeding ten thousand ringgit.Application of this Part irrespective of wages of employee81G. Notwithstanding paragraph 1 of the First Schedule, this Partextends to every employee employed under a contract of serviceirrespective of the wages of the employee.PART XVIPROCEDUREService of summons issued under Part XV82. (1) Any summons issued by the Director General under Part XVmay be served on any person by delivering or tendering to him a copythereof signed by the Director General:Provided that—(a) if the person to be summoned cannot be found and has anagent empowered to accept service of the summons on hisbehalf, service on such agent shall be sufficient;(b) if the person to be summoned cannot be found and has noagent empowered to accept service of the summons on hisbehalf, service on any adult member, not being a domesticservant, of the family of the person to be summoned whois residing with him shall be deemed good and sufficientservice.(2) When such summons is addressed to a corporation, it may beserved—92 Laws of Malaysia ACT 265(a) by leaving a copy thereof, signed by the Director General,at the registered office, if any, of the corporation;(b) by sending such copy by registered post in a letteraddressed to the corporation at its principal office,whether such office be situated within Malaysia orelsewhere; or(c) by delivering such copy to any director, secretary or otherprincipal officer of the corporation.(3) When such summons is addressed to a firm, it may beserved—(a) by leaving a copy thereof, signed by the Director General,at the principal place at which the partnership business iscarried on;(b) by sending such copy by registered post in a letteraddressed to the firm at its principal office, whether suchoffice be situated within Malaysia or elsewhere; or(c) by delivering such copy to any one or more of the partnersin such firm or to any person having, at the time ofservice, the control or management of the partnershipbusiness at the principal place at which the partnershipbusiness is carried on within Malaysia.(4) When the person serving such summons delivers or tenders acopy of the summons to the person to be summoned or to an agent orother person on his behalf, he shall require the signature of the personto whom the copy is so delivered or tendered to an acknowledgementof service endorsed on the original summons.(5) If—(a) such person refuses or is unable to sign theacknowledgement; orEmployment 93(b) the serving officer cannot find the person to be summonedand there is no agent empowered to accept service of thesummons on his behalf nor any other person on whom theservice can be made,the serving officer shall affix a copy of the summons on the outerdoor of the house in which the person to be summoned ordinarilyresides and then return the original to the Director General with areturn endorsed thereon or annexed thereto stating that he has soaffixed the copy and the circumstances under which he did so.(6) The person serving such summons shall, in all cases in whichthe summons has been served under subsection (4) endorse or annex,or cause to be endorsed or annexed, on or to the original summons areturn stating the time when and the manner in which the summonswas served.(7) When a summons is returned under subsection (5), theDirector General shall, if the return under that subsection has notbeen verified by the affidavit of the person serving it, and may, if ithas been so verified, examine such person on affirmation touchingthe manner of service and may make such further inquiry in thematter as he thinks fit and shall either declare that the summons hasbeen duly served or order such service as he thinks fit.(8) When the Director General is satisfied that there is reason tobelieve that the person to be summoned is keeping out of the way forthe purpose of avoiding service or that for any other reason thesummons cannot be served in the ordinary way, the Director Generalmay order the summons to be served by affixing a copy thereof insome conspicuous place in or near the office of the Director Generaland also upon some conspicuous part of the house in which theperson to be summoned is known to have last resided, or in suchother manner as the Director General thinks fit, or may order thesubstitution for service of notice by advertisement in the Gazette andin such local newspaper or newspapers as the Director General maythink fit.94 Laws of Malaysia ACT 265(9) The service substituted by order of the Director General shallbe as effectual as if it had been made personally on the person to besummoned.(10) Whenever service is substituted by order of the DirectorGeneral, the Director General shall fix such time for the appearanceof the person to be summoned as he may deem fit.(11) Any order or notice in writing made and issued by theDirector General in the exercise of the powers conferred by this Actmay be served as if the same were a summons, and the provisions ofthis section, other than subsection (10) thereof, shall apply to theservice of such order or notice.Power to make reciprocal provisions between Malaysia andSingapore for the service, execution and enforcement ofsummonses, warrants and orders83. If the Minister is satisfied that arrangements have been made byor under any legislation in force in the Republic of Singapore for theservice, execution or enforcement in the Republic of Singapore ofsummonses, warrants or orders issued or made under this Act hemay, by regulations made under this Act—(a) prescribe the procedure for sending such summonses,warrants and orders to the Republic of Singapore forservice, execution or enforcement, and specify theconditions under which any such summons shall bedeemed to have been served; and(b) make reciprocal provisions for the service, execution orenforcement in Malaysia of summonses, warrants ororders issued or made in the Republic of Singapore underany corresponding or similar legislation in force therein.Employment 95Jurisdiction84. Notwithstanding the provisions of the Subordinate Courts Act1948 [Act 92], all penalties for offences against this Act may be hadand recovered in the Sessions Court or the Court of a First ClassMagistrate on complaint by any person aggrieved or by the DirectorGeneral or any person authorized by him in writing in that behalf.Prosecution85. No prosecution shall be instituted for an offence under this Actor any regulation made under this Act without the consent in writingof the Public Prosecutor.Right of audience85A. The Director General, or any officer authorized in writing by theDirector General, shall have the right to appear and be heard before aMagistrate Court or a Sessions Court in any civil proceedings underor arising out of this Act, or any regulation made under this Act; andsuch right shall include the right to appear and represent an employeein any such proceedings.Saving clause as to civil jurisdiction of courts86. Nothing in this Act shall be construed as preventing anyemployer or employee from enforcing his civil rights and remediesfor any breach or non-performance of a contract of service by anysuit in court in any case in which proceedings have not beeninstituted before the Director General under section 69, 69B, 69C orsubsection 81D(4) or, if instituted, have been withdrawn.Power of court imposing fine87. When under this Act any court imposes a fine or enforces thepayment of any sum secured by bond, the court may, if it thinks fit,96 Laws of Malaysia ACT 265direct that the whole or any part of such fine or sum when recoveredbe paid to the party complaining.Effect of imprisonment88. From and after the determination of any imprisonment sufferedunder this Act for non-payment of the amount of any fine, togetherwith the costs assessed and directed to be paid by any order of court,the amount so ordered shall be deemed to be liquidated anddischarged, and the order shall be annulled.Incapacity of Director General hearing inquiry89. Where the Director General has, for the purpose of inquiring intoany matter under this Act, taken down any evidence or made anymemorandum and is prevented by death, transfer or other cause fromconcluding such inquiry, any successor to such Director General orother officer may deal with such evidence or memorandum as if hehad taken it down or made it and proceed with the inquiry from thestage at which such Director General left it.Officers acting under Act deemed public servants90. For the purposes of this Act the Director General and any otherofficer appointed or acting under this Act shall be deemed to bepublic servants within the meaning of the Penal Code [Act 574].Protection of officers90A. No action shall lie or be brought, instituted or maintained in anycourt against—(a) the Director General, Deputy Director General or anyother officer duly appointed under this Act for or onaccount of or in respect of any act ordered or done for thepurpose of carrying this Act into effect; andEmployment 97(b) any other person for or on account of or in respect of anyact done or purported to be done by him under the order,direction or instruction of the Director General, DeputyDirector General or any other officer duly appointed underthis Act,if the act was done in good faith and in a reasonable belief that it wasnecessary for the purpose intended to be served by it.PART XVIIOFFENCES AND PENALTIESUnder Parts III and IV91. Any employer who—(a) fails to pay the wages or indemnity due to any employeewithin the time prescribed in sections 19, 20 and 21;(b) makes to any employee any advance of wages in excess ofthat permitted under section 22; or(c) makes deductions from the wages of an employee other thansuch deductions as are authorized by section 24,commits an offence.Under Part V92. Any employer who—(a) pays wages, imposes any conditions in a contract ofservice or makes any deduction or receives any paymentin contravention of section 25, 25A, 26, 27 or 28; or98 Laws of Malaysia ACT 265(b) provides any employee as part of the terms of his contractof service with any amenity or service, or any intoxicatingliquor in contravention of section 29,(c) (Deleted by Act A1026),commits an offence.Under Part VIII93. An employer of a female employee commits an offence if thefemale employee is employed contrary to section 34, 35 or 36.Under Part IX94. Any employer who—(a) fails to grant maternity leave to a female employeeemployed by him and entitled thereto under Part IX;(b) fails to pay the maternity allowance to a female employeeemployed by him and entitled thereto under Part IX, or toher nominee, or to her personal legal representative;(c) fails to pay maternity allowance in the manner prescribed insection 38; or(d) contravenes section 42 or 44,commits an offence, and shall also—(aa) in the event of a conviction for an offence under paragraph(a), be ordered by the court before which he is convicted topay to the female employee concerned the maternityallowance to which she may be entitled under Part IX inrespect of every day on which the female employee hadworked during the eligible period referred to in paragraph37(1)(a), the payment so ordered being in addition to theEmployment 99wages payable to her, and the amount of maternityallowance so ordered by the court to be paid shall berecoverable as if it were a fine imposed by such court; and(bb) in the event of a conviction for an offence under paragraph(b), be ordered by the court before which he is convicted topay to the female employee concerned the maternityallowance to which she is entitled under Part IX, and theamount of maternity allowance so ordered by the court to bepaid shall be recoverable as if it were a fine imposed bysuch court.95. (Deleted by *Act No. 40 of 1966).96. (Deleted by *Act No. 40 of 1966).Under Part XIII97. An employer who—(a) fails to keep a register required under section 61, or topreserve the register for a period of not less than six years;(b) destroys, alters or mutilates the register referred to inparagraph (a), or causes or permits the register to bedestroyed, altered or mutilated;(c) fails to comply with any regulations made under section 62;(d) fails, without reasonable cause (proof of which shall lie onhim), to forward to the Director General such returns as areprescribed under section 63 or forwards any of the returnsknowing that it contains any false particulars; or(e) being an owner of any estate, mine or factory to whichsection 64 applies, fails to comply with the requirements ofthe section,commits an offence.*NOTE—The Children and Young Persons (Employment) Act 1966 [40 of 1966] has since been revisedas the Children and Young Persons (Employment)Act 1966 [Act 350].100 Laws of Malaysia ACT 265Under Part XIV98. Any person who—(a) refuses the Director General exercising his powers underPart XIV, access to any premises or part thereof;(b) assaults, obstructs, hinders or delays the Director Generalin effecting any entrance into any premises or part thereofwhich he is entitled to effect;(c) furnishes the Director General as true, information whichhe knows or has reason to believe to be false; or(d) fails to produce, or conceals or attempts to conceal anydocument which he may be required to produce under PartXIV, or hinders or obstructs the Director General ineffecting possession of the documents,commits an offence.Under Part XV99. Any employer who prevents or attempts to prevent any employeefrom appearing before the Director General under Part XV commitsan offence.General penalty99A. Any person who commits any offence under, or contravenes anyprovision of, this Act, or any regulations, order, or other subsidiarylegislation whatsoever made thereunder, in respect of which nopenalty is provided, shall be liable, on conviction, to a fine notexceeding ten thousand ringgit.Employment 101Penalties for failure or non-compliance in relation to rest days,overtime, holidays, annual leave, and sick leave100. (1) Any employer who fails to pay to any of his employeeswages for work done by his employee on a rest day or pays wagesless than the rate provided under section 60 commits an offence, andshall also, on conviction, be ordered by the court before which he isconvicted to pay to the employee concerned the wages due for workdone on every rest day at the rate provided under section 60, and theamount of such wages shall be recoverable as if it were a fineimposed by such court.(2) Any employer who fails to pay to any of his employees anyovertime wages as provided under this Act or any subsidiarylegislation made thereunder commits an offence, and shall also, onconviction, be ordered by the court before which he is convicted topay to the employee concerned the overtime wages due, and theamount of overtime wages so ordered by the court to be paid shall berecoverable as if it were a fine imposed by such court.(3) Any employer who fails to pay to any of his employees wagesas provided under section 60D, commits an offence, and shall also, onconviction, be ordered by the court before which he is convicted topay to the employee concerned the wages due for any work done onany such holiday at the rate provided under section 60D, and theamount of wages so ordered by the court to be paid shall berecoverable as if it were a fine imposed by such court.(4) Any employer who fails to grant to any of his employeesannual leave or any part thereof as provided under section 60Ecommits an offence, and shall also, on conviction, be ordered by thecourt before which he is convicted to pay to the employee concernedthe ordinary rate of pay in respect of every day of such leave not sogranted, the payment so ordered being in addition to the wagespayable to the employee for the work done on any such day, and theamount so ordered by the court to be paid shall be recoverable as if itwere a fine imposed by such court.(5) Any employer who fails to grant sick leave, or fails to paysick leave pay, to any of his employees, as provided under section102 Laws of Malaysia ACT 26560F commits an offence, and shall also, on conviction, be ordered bythe court before which he is convicted to pay to the employeeconcerned the sick leave pay for every day of such sick leave at therate provided under section 60F, and the amount so ordered by thecourt to be paid shall be recoverable as if it were a fine imposed bysuch court.Offence in connection with inquiry or inspection101. In any inquiry, investigation, entry or inspection made by theDirector General, or by any officer lawfully exercising the powers ofthe Director General under this Act, any person committing withrespect to such inquiry, investigation, entry or inspection any offencedescribed in Chapter X of the Penal Code shall on conviction bepunished as prescribed in such Chapter.Power to compound offences101A. (1) The Director General, Deputy Director General or anyofficer authorized in writing by the Director General may, with theconsent in writing of the Public Prosecutor, compound any offencecommitted by a person which is punishable under this Act or anyregulation made under this Act.(2) The Director General, Deputy Director General or anyofficer authorized in writing by the Director General may, in a casewhere he deems it fit and proper so to do, compound an offence bymaking a written offer to the person who has committed the offenceto compound the offence on payment to the Director General, DeputyDirector General or any officer authorized in writing by the DirectorGeneral, as the case may be, within such time as may be specified inthe offer, of such sum of money, as may be specified in the offer,which shall not exceed fifty per centum of the amount of themaximum fine (including the daily fine, if any, in the case of acontinuing offence) to which the person would have been liable if hehad been convicted of the offence.Employment 103(3) An offer under subsection (2) may be made at any timeafter the offence has been committed, but before any prosecution forit has been instituted, and where the amount specified in the offer isnot paid within the time specified in the offer, or within suchextended period as the Director General, Deputy Director General orany officer authorized in writing by the Director General may grant,prosecution for the offence may be instituted at any time thereafteragainst the person to whom the offer was made.(4) Where an offence has been compounded under subsection(2)—(a) no prosecution shall thereafter be instituted in respect ofthe offence against the person to whom the offer tocompound was made; and(b) any book, register or document seized in connection withthe offence shall be released immediately.(5) Any moneys paid to the Director General, Deputy DirectorGeneral or any officer authorized in writing by the Director Generalpursuant to subsection (2) shall be paid into and form part of theFederal Consolidated Fund.Offence by body corporate, etc.101B. Where an offence under this Act has been committed by a bodycorporate, partnership, society or trade union—(a) in the case of a body corporate, any person who is a director,manager, or other similar officer of the body corporate at thetime of the commission of the offence;(b) in the case of a partnership, every partner in the partnershipat the time of the commission of the offence; and(c) in the case of a society or trade union, every office-bearer ofthe society or trade union at the time of the commission ofthe offence,104 Laws of Malaysia ACT 265shall be deemed to have committed the offence and may be chargedjointly or severally in the same proceedings as the body corporate,partnership, society or trade union.PART XVIIIREGULATIONSRegulations102. (1) The Minister may from time to time make such regulationsas may be necessary or expedient for giving full effect to theprovisions of this Act, or for the further, better or more convenientimplementation of the provisions of this Act.(2) Without prejudice to the generality of the foregoing theMinister may make regulations—(a) limiting the powers of officers appointed under subsection3(2);(b) prescribing the conditions under which female employeesmay work at night;(c) prescribing the rate of the maternity allowance to whichfemale employees shall be entitled during the eligible period;(d) prescribing the maximum period during which notice ofdismissal given by her employer to a female employee who isabsent from her work as a result of illness certified by aregistered medical practitioner to arise out of her pregnancy orconfinement shall not expire;(da) (Omitted);(e) (Deleted by *Act No. 40 of 1966);Employment 105(f) prescribing the times which employees shall be entitled totake off from work for meals and which they shall be entitledor required to take off for rest;(g) prescribing the form of any register, summons or orderrequired to be kept, issued or made under this Act;(h) prescribing the procedure for sending summonses, warrantsand orders issued or made under this Act in Malaysia forservice or execution in the Republic of Singapore, and makingprovisions for the service or execution in Malaysia ofsummonses, warrants and orders issued or made in theRepublic of Singapore;(i) prescribing fees to be paid for filing of claims under section69, 69B or 69C and for copies of notes of evidence recordedunder Parts XV and XVA;(j) prescribing penalties for failure to comply with orcontravention of any regulation made under this section;(k) prescribing the forms of notice and returns of particulars usedunder section 60K;(l) prescribing the procedure to inquire into complaints of sexualharassment under Part XVA;(m) prescribing the terms and conditions of service of a domesticservant.PART XIXREPEAL AND SAVINGRepeal and saving103. The written laws specified in the first and second columns ofthe Second Schedule are hereby repealed to the extent set out in thethird column of the said Schedule:*NOTE—The Children and Young Persons (Employment) Act 1966 [40 of 1966] has since been revisedas the Children and Young Persons (Employment) Act 1966 [Act 350].106 Laws of Malaysia ACT 265Provided that any appointment made under such written lawhereby repealed shall be deemed to be made under this Act:Provided further that references to any provision of any writtenlaw hereby repealed in any other written law or in any contract orother instrument in writing shall, in so far as such provision is notinconsistent with the corresponding provision of this Act, beconstrued as references to such corresponding provision.________________________FIRST SCHEDULE[Subsection 2(1)] EmployeeProvision of the Actnot applicable1. Any person, irrespective of his occupation, whohas entered into a contract of service with an employerunder which such person’s wages do not exceed twothousand ringgit a month.2. Any person who, irrespective of the amount ofwages he earns in a month, has entered into a contractof service with an employer in pursuance of which—(1) he is engaged in manual labour includingsuch labour as an artisan or apprentice:Provided that where a person is employed byone employer partly in manual labour andpartly in some other capacity such personshall not be deemed to be performing manuallabour unless the time during which he isrequired to perform manual labour in any onewage period exceeds one-half of the totaltime during which he is required to work insuch wage period;(2) he is engaged in the operation or maintenanceof any mechanically propelled vehicleoperated for the transport of passengers orgoods or for reward or for commercial Employment 107 purposes;(3) he supervises or oversees other employeesengaged in manual labour employed by thesame employer in and throughout theperformance of their work;(4) he is engaged in any capacity in any vesselregistered in Malaysia and who—Part XII(a) is not an officer certificated under theMerchant Shipping Acts of the UnitedKingdom as amended from time to time;(b) is not the holder of a local certificate asdefined in Part VII of the MerchantShipping Ordinance 1952 [F.M.70/1952]; or(c) has not entered into an agreement underPart III of the Merchant ShippingOrdinance 1952; or(5) he is engaged as a domestic servant.Sections 12, 14,16, 22, 61 and 64,and Parts IX, XIIand XIIA3. For the purpose of this Schedule ―wages‖ meanswages as defined in section 2, but shall not includeany payment by way of commissions, subsistenceallowance and overtime payment. _____________SECOND SCHEDULE[Section 103] (1)(2)(3)S.S Cap. 69The LabourOrdinanceThe whole, except section 1, thedefinitions under section 2 of―Agreement‖, ―Employer‖, ―HealthOfficer‖, ―Labourer‖, ―Lines‖, ―LocalAuthority‖, ―Place of employment‖,sections 3, 4, 6, 27, 28, 33, 39, 43, 50, 108 Laws of Malaysia ACT 265 111–113, 123, 124, 143, 145–163,185–188, 194–196, 198–201,paragraphs 202(a), (b), (c) and (e),sections 203– 206, 222–228, 230– 233,235–237, paragraph 239(1)(e)–(i), (k),subsections (2)-(4).F.M.S. Cap. 154The Labour CodeThe whole, except section 1, thedefinitions under section 2 of―agreement‖, ―Court‖, ―employer‖,―Health Officer‖, ―labourer‖, ―lines‖,―place of employment‖, ―State Medicaland Health Officer‖, sections 3, 4, 70,71, 76, 82, 87, 91, 117–119, 129, 130,159–166, 168–191, 197–199, 201–203,paragraphs 204(a), (b), (c) and (e),sections 205– 212, 220–222, 224–227,229, 230, 231, 233, 234, 236,subparagraphs 238(i)(h)–(k), (ii) (iv).Johor EnactmentNo. 82The Labour CodeThe whole, except section 1, thedefinitions under section 2 of―agreement‖, ―Court‖, ―employer‖,―Health Officer‖, ―labourer‖, ―lines‖,―place of employment‖, sections 3, 4,5, 71, 72, 77, 83, 88, 92, 119–121, 131,132, 149–156, 158–181, 187–189,191–193, paragraphs 194(a), (b), (c)and (e), sections 195–202, 210–212,214–217, 219–220, 222, 223, 225,subparagraphs 227(i)(h)–(k), (ii)–(v).KelantanEnactmentNo. 2 of 1936The Labour Code,1936The whole, except sections 1 and 2, thedefinitions under section 3 of―Agreement‖, ―Colony‖, ―Court‖,―Employer‖, ―Health Officer‖,―Labourer‖, ―Lines‖, ―MedicalPractitioner‖, ―Place of employment‖,sections 4, 5, 47, 48, 53, 59, 64, 68, 95–97, 107, 124–131, 133–156, 162–164,166–168, paragraphs 169(a), (b), (c)and (e), sections 170–179, 187–189,191–194, 196–198, 200, 201, 203,subparagraphs 205(i)(c)– (f), (ii).Kedah EnactmentNo. 2 of 1345Enactment No. 55(Labour)The whole, except section 1, thedefinitions under section 2 of Employment 109 ―Agreement‖, ―Court‖, ―Employer‖,―Labourer‖, ―Lines‖, ―Health Officer‖,―Place of employment‖, sections 3, 4,45, 46, 51, 57, 62, 66, 94–96, 106, 107,124– 132, 134–157, 163–165, 167–169, paragraphs 170(a), (b), (c) and (e),sections 171– 173, 181–183, 185–188,190, 191, 193, 194, 196, paragraphs198(1)(b)–(e), subsection (2).TrengganuEnactment No. 60of 1356The Labour CodeThe whole, except sections 1 and 2, thedefinitions under section 3 of―agreement‖, ―Court‖, ―employer‖,―Health Officer‖, ―labourer‖, ―lines‖,―Medical Officer‖, ―medicalpractitioner‖, ―place of employment‖,sections 4, 5, 47, 48, 53, 59, 64, 68, 95–97, 107, 124–131, 133–156, 162–164,166–168, paragraphs 169(a), (b), (c)and (e), sections 170–179, 187–189,191–194, 196–198, 200, 201, 203,subparagraphs 205(i)(c)–(f), (ii).Perlis EnactmentNo. 3 of 1345The Labour Code,1345The whole, except sections 1-3, thedefinitions under section 5 of―Agreement‖, ―Court‖, ―Employer‖,―Labourer‖, ―Lines‖, ―Health Officer‖,―Place of employment‖, sections 6, 7,47, 48, 53, 59, 64, 67, 95–97, 109, 110,127–134, 136–159, 165–167, 169–171,paragraphs 172(a), (b), (c) and (e),sections 173–175, 183–185, 187–190,192, 194, 196, 197, 199, subparagraphs201(i)(b)–(e), (ii). 110LAWS OF MALAYSIAACT 265EMPLOYMENT ACT 1955LIST OF AMENDMENTS Amending lawShort TitleIn force fromOrd. 43/1956Employment(Amendment) Ordinance195620-12-1956L.N. 332/1958Federal Constitution(Modification of Laws)(Ordinances andProclamations) Order195813-11-1958Act 9/1966Employment(Amendment) Act 196627-01-1966Act 40/1966Children and YoungPersons (Employment)Act 196601-10-1966Act 37/1967Employment(Amendment) Act 196721-08-1967P.U. (B) 324/1970Notification under s. 3 ofthe Titles of OfficeOrdinance 194901-01-1971Act A91Employment(Amendment) Act 197101-10-1971Act A360Employment(Amendment) Act 197601-01-1977Act A497Employment(Amendment) Act 198001-10-1980 Employment 111 Amending lawShort TitleIn force fromAct A610Employment(Amendment) Act 198401-03-1985Act A716Employment(Amendment) Act 198910-02-1989P.U. (A) 326/1995Employment (Amendmentof First Schedule) Order199501-10-1995Act A1026Employment(Amendment) Act 199801-08-1998Act A1085Employment(Amendment) Act 200005-10-2000P.U. (A) 400/2000Federal Territory ofLabuan (Extension andModification ofEmployment Act) Order200001-11-2000P.U. (A) 279/2002Revision of Laws(Rectification ofEmployment Act 1955)Order 200212-07-2002P.U. (A) 380/2002Revision of Laws(Rectification ofEmployment Act 1955)Order 200213-09-2002Act A1419Employment(Amendment) Act 201201-04-2012P.U.(A) 88/2012Employment (Amendmentof First Schedule) order201201-04-2012 _____________112LAWS OF MALAYSIAACT 265EMPLOYMENT ACT 1955LIST OF SECTIONS AMENDED SectionAmending authorityIn force from2Ord. 43/1956Act A91Act A360Act A497Act A716Act A1026Act A141920-12-195601-10-197101-01-197701-10-198010-02-198901-08-199801-04-20122AAct A360Act A102601-01-197701-08-19982BAct A36001-01-19773Act A360Act A716Act A102601-01-197710-02-198901-08-19984Act A141901-04-20126Act A36001-01-19777Act A91Act A360Act A49701-10-197101-01-197701-10-19807AAct A91Act A360Act A49701-10-197101-10-197701-10-19807BAct A49701-10-1980 Employment 113 SectionAmending authorityIn force from12Act A91Act A49701-10-197101-10-198013Act A91Act A49701-10-197101-10-198014Act A91Act A360Act A497Act A716Act A102601-10-197101-10-197701-10-198010-02-198901-08-199815Act A91Act A360Act A49701-10-197101-10-197701-10-198016Ord. 43/195620-12-195617Act A36001-10-197717AOrd. 43/1956Act A36020-12-195601-10-197718Act A102601-08-199819Act A141901-04-201220Act A49701-10-198021Act A360Act A49701-10-197701-10-198022Act A497Act A1026Act A141901-10-198001-08-199801-04-201224Act A360Act A497Act A716Act A102601-10-197701-10-198010-02-198901-08-1998PART VAct A141901-04-201225Act A91Act A141901-10-197101-04-2012 114 Laws of Malaysia ACT 265 SectionAmending authorityIn force from25AAct A91Act A716Act A1026Act A141901-10-197110-02-198901-08-199801-04-201227Act A49701-10-198029Act A360Act A49701-01-197701-10-198030Act A102601-08-199831Act A716Act A1026Act A1085Act A141910-02-198901-08-199805-10-200001-04-201232Act A108505-10-2000PART VIIAct A141901-04-201233Act A360Act A102601-10-197701-08-199833AAct A141901-04-201234Ord. 43/1956Act A360Act A71620-12-195601-10-197710-02-198936Act A36001-10-197737Ord. 43/1956Act A860Act A497Act A610Act A1026Act A141920-12-195601-10-197701-10-198001-03-198501-08-199801-04-201238Act A36001-10-197739Ord. 43/1956Act A360Act A49720-12-195601-10-197701-10-198040Ord. 43/195620-12-1956 Employment 115 SectionAmending authorityIn force fromAct A360Act A1026Act A141901-10-197701-08-199801-04-201242Act A360Act A497Act A141901-10-197701-10-198001-04-201243Act A36001-10-197744Act A36001-10-197744AAct A497Act A141901-10-198001-04-201252Ord. 43/195620-12-195653Ord. 43/195620-12-195656Ord. 43/195620-12-195657Ord. 43/195620-12-195657A-57BAct A141901-04-201258Act A91Act A360Act A49701-10-197101-10-197701-10-198058AAct A9101-10-197159Ord. 43/1956Act A91Act A360Act A497Act A716Act A1026Act A141920-11-195801-10-197101-10-197701-10-198010-02-198901-08-199801-04-201260Act A91Act A360Act A497Act A716Act A141901-10-197101-10-197701-10-198010-02-198901-04-201260AAct A9101-10-1971 116 Laws of Malaysia ACT 265 SectionAmending authorityIn force fromAct A360Act A497Act A716Act A1026Act A108501-10-197701-10-198010-02-198901-08-199805-10-200060BAct A9101-10-197160CAct A91Act A360Act A497Act A716Act A102601-10-197101-10-197701-10-198010-02-198901-08-199860DAct A91Act A360Act A497Act A716Act A1026Act A1085Act A141901-10-197101-01-197701-10-198010-02-198901-08-199805-10-200001-04-201260EAct A91Act A360Act A497Act A716Act A102601-10-197101-01-199701-10-198010-02-198901-08-199860FAct A91Act A360Act A497Act A716Act A102601-10-197101-01-197701-10-198010-02-198901-08-199860GAct A91Act A36001-10-197101-01-197760HAct A36001-10-197760IAct A91Act A360Act A497Act A716Act A1026Act A1085Act A141901-10-197101-10-197701-10-198010-02-198901-08-199805-10-200001-04-2012 Employment 117 SectionAmending authorityIn force from60JAct A91Act A360Act A49701-10-197101-10-197701-10-1980PART XIIBAct A102601-08-199860KAct A1026Act A141901-08-199801-04-201260LAct A102601-08-199860MAct A102601-08-199860NAct A102601-08-199860OAct A102601-08-199861Act 9/1966Act 37/1967Act A360Act A102627-01-196621-08-196701-01-197701-08-199863Act A1026Act A108501-08-199805-10-200063AAct A360Act A497Act A716Act A102601-01-197701-10-198010-02-198901-08-199864Act A360Act A102601-01-197701-08-199865Act A36001-01-197767Act A716Act A102610-02-198901-08-199869Act 37/1967Act A360Act A497Act A716Act A1026Act A141921-08-196701-01-197701-10-198010-02-198901-08-199801-04-2012 118 Laws of Malaysia ACT 265 SectionAmending authorityIn force from69AAct A360Act A716Act A102601-01-197710-02-198901-08-199869BAct A1026Act A141901-08-199801-04-201269CAct A1026Act A108501-08-199805-10-200069DAct A102601-08-199869EAct A102601-08-199870Act A102601-08-199873Ord. 43/1956Act A1026Act A141920-12-195601-08-198801-04-201275Act A49701-10-198076Act A716Act A102610-02-198901-08-199877Act A1026Act A141901-08-199801-04-201279Ord. 43/1956Act A141920-12-195601-04-2012PART XVAAct A141901-04-201281A-81GAct A141901-04-201282Act A141901-04-201285Act 37/1967Act A102621-08-196701-08-199885AAct A102601-08-199886Act 37/1967Act A141921-08-196701-04-201290AAct A141901-04-2012 Employment 119 SectionAmending authorityIn force fromPART XVIIAct A36001-01-197791Act A102601-08-199892Act A497Act A102601-10-198001-08-199893Act A360Act A102601-01-197701-08-199894Act A497Act A102601-10-198001-08-199895Ord. 43/1956Act 40/196620-12-195601-10-196696Ord. 43/1956Act 40/196620-12-195601-10-196697Ord. 43/1956Act 37/1967Act A497Act A102620-12-195621-08-196701-10-198001-08-199898Act A716Act A102610-02-198901-08-199899Act A102601-08-199899AAct A360Act A497Act A102601-01-197701-10-198001-08-1998100Act 40/1966Act A497Act A102601-10-196601-10-198001-08-1998101AAct A1026Act A141901-08-199801-04-2012101BAct A141901-04-2012102Ord. 43/1956Act 40/1966Act A360Act A49720-12-195601-10-196601-01-197701-10-1980 120 Laws of Malaysia ACT 265 SectionAmending authorityIn force fromAct A716Act A1026Act A141910-02-198901-08-199801-04-2012First ScheduleOrd. 43/1956Act A360Act A497Act A610Act A716P.U. (A) 326/1995P.U. (A) 88/201220-12-195601-01-197701-10-198001-03-198501-02-198901-10-199501-04-2012Second ScheduleOrd. 43/195620-12-1956 _____________