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JADUAL CADANGAN PINDAAN KEPADA ORDINAN BURUH (SABAH BAB 67)(SELAIN PINDAAN BERKENAAN PENGGAJIAN PEKERJA KANAK-KANAK DAN ORANG MUDA SERTA STANDARD MINIMUM PERUMAHAN DAN KEMUDAHAN PEKERJA)

BIL SEKSYEN PERUNTUKAN SEDIA ADA CADANGAN PINDAAN KOMEN

PINDAAN AM

1. Seksyen-seksyen yang berkaitan: Section 3, Section 4, Section 5, Section 6, Section 96, Section 97, Section 108, Section 125, Section 128 dan Section 129

“Commissioner of Labour” and “Commissioner” “Director of Labour” and “Director”

2. Related sections: Section 7A(2); Section 7I; Section 116A; Section 116B

“subcontractor for labour” “contractor for labour”

3. Seksyen-seksyen yang berkaitan:

Section 2(1); Section 100; section 129; section 130O(2)(j); Schedule

“domestic servant” “domestic employee”

4. Section 2(1);Schedule

“Schedule” “First Schedule”

CHAPTER 1PRELIMINARY

5. Section 2 Interpretation

“confinement” means parturition resulting after at least twenty-eight weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purpose of this Ordinance commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word “confined” shall be construed accordingly;

“confinement” means parturition resulting after at least twenty-eight twenty-two weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purpose of this Ordinance commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word “confined” shall be construed accordingly;

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Tiada “constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or which is carrying out such constructional work for or on behalf of some other person under a contract entered into by him or them with such other person, and includes his or their heirs, executors, administrators, assignees and successors;


Tiada “contractor for labour” means:

(a) a person who contracts with a principal to supply the labour required for the execution of the whole or any part of any work;

(b) a person who contracts with contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work which a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be; or

(c) a person who contracts with a contractor for labour to supply labour required under paragraphs (a) and (b).


“employee” means any person or class of persons –

(a) included in any category in the Schedule to the extent specified therein; or

(b) in respect of whom the Minister makes an order under subsection (7) of section 2A;

“employee” means any person or class of persons –

(a) included in any category in the Schedule to the extent specified therein; or

(b) in respect of whom the Minister makes an order under subsection (7) of or section 2A;


“entertainment” includes any exhibition or performance;

Dibatalkan


“family” means the husband or the wife or wives of an employee, and his children, stepchildren and adopted children who are unmarried and under the age of eighteen years;

Dibatalkan

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Tiada “forced labour” means the condition of any person who provides labour or services by the use of threat or deception, a reasonable person in the position of the victim would not consider himself to be free:

(a) to cease providing the labour or services; or

(b) to leave the place or area where the victim provides the labour or services.


“guardian” in relation to child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;

Dibatalkan


“Minister” means the Minister responsible for labour matters;

“Minister” means the Minister responsible for labour matters charged with the responsibility for human resources;


“overtime” means the number hours of work carried out in excess of the normal hours of work per day, and includes, if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that such spread over period ends up to the time that the employee ceases work for the day;

“overtime” means –

(a) the number of hours of work carried out in excess of the normal hours of work per day; or

(b) if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that such spread over period ends up to the time that the employee ceases work for the day;


“part-time employee” means a person included in the Schedule whose average hours of work as agreed between him and his employer do not exceed seventy per centum of the normal hours of work of a full-time employee employed in a similar capacity in the same enterprise whether the normal hours of work are calculated with

“part-time employee” means a person included in the First Schedule whose average hours of work per week as agreed between him and his employer are more than thirty per centum but do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed in a similar capacity in the same

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reference to a day, a week, or any other period as may be specified by rules under Chapter XVI B;

enterprise whether the normal hours of work are calculated with reference to a day, a week, or any other period as may be specified by rules under Chapter XVI B;.


“recruit” means to procure, engage, hire or supply or undertake to procure, engage, hire or supply employees for the purpose of being employed by the recruiter or by any other person, where such employee does not spontaneously offer his services at the place of employment or at a public employment office or at an office conducted by an employers’ organisation and supervised by the Government;

Dibatalkan


Tiada “sexual harrassment means any unwanted conduct of sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;”


Tiada “spread over period of ten hours” means a period of ten consecutive hours to be reckoned from the time the employee commences work for the day, inclusive of any period or periods of leisure, rest or break within such period of ten consecutive hours;


(2) For the purposes of Chapter XI, a person is deemed to be taking part in an entertainment when such person is employed in or connected with such entertainment whether as a performer, stagehand or musician.

Dibatalkan

20. Section 2(3) (3) Where an employee is employed on –

(c) a daily rate of pay or on piece rates, the ordinary rate of pay shall be calculated by dividing the total wages earned by such employee during the preceding wage period (excluding any payment made under an approved incentive payment scheme or for work done on any rest day, any gazetted public holiday granted by the employer under the contract of service or

(1)Where an employee is employed on –

(c) Where an employee is employed on a daily or an hourly rate of pay or on piece rates, the ordinary rate of pay shall be calculated by dividing the total wages earned by such employee during the preceding wage period (excluding any payment made under an approved incentive payment scheme or for work done on any rest day, any gazetted public

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any day substituted for the gazetted public holiday) by the actual number of days the employee had worked during that wage period (excluding any rest day, any gazetted public holiday or any paid holiday substituted for the gazetted public holiday).

holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday) by the actual number of days the employee had worked during that wage period (excluding any rest day, any gazetted public holiday or any paid holiday substituted for the gazetted public holiday).

21. Section 2(4) (4) For the purposes of payment of sick leave under section 104E, the calculation of the ordinary rate of pay of an employee employed on a daily rate of pay or on piece rate under paragraph (c) of subsection (3) shall take account only of the basic pay the employee receives or the rate per piece he is paid for work done in a day under the contract of service.

(4) For the purposes of payment of sick leave under section 104E, the calculation of the ordinary rate of pay of an employee employed on a daily or an hourly rate of pay or on piece rate under paragraph (c) of subsection (3) shall take account only of the basic pay the employee receives or the rate per piece he is paid for work done in a day under the contract of service.

CHAPTER IIOFFICERS

22. Section 3(2)Commissioner Director of Labour and other officers

Any person affected by any decision or order, other than an order under Chapter IIA, given or made by an officer appointed under subsection (1A) may, if he is dissatisfied with such decision or order, within fourteen days of such decision or order being communicated to him, appeal in writing therefrom to the Director.

Any person affected by any decision or order, other than an order under Chapter IIA and decision under subsection 8C(3) given or made by an officer appointed under subsection (1A) may, if he is dissatisfied with such decision or order, within fourteen days of such decision or order being communicated to him, appeal in writing therefrom to the Director.

23. Section 3(3)Commissioner of Labour and other officers

If any employer is dissatisfied with any decision or order made or given by the Director of Labour either original or by virtue of the preceeding subsection, he may appeal from such decision or order to the Minister within fourteen days of the date of such decision or order being communicated to him.

Dibatalkan

CHAPTER IIA COMPLAINTS AND INQUIRIES

24. Section 7ADirector’s power to inquire into complaints

Director’s power to inquire into complaints.

7A. (1) The Director may inquire into and decide any dispute between an employee and his employer in respect of wages or any other payment in cash due to such employee under—

Director’s power to inquire into complaints.

7A. (1) The Director may inquire into and decide any dispute between an employee and his employer in respect of wages or any other payment in cash due to such employee under—

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(a) any term of the contract of service between such employee and his employer;

(b) any of the provisions of this Ordinance or any subsidiary legislation 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 the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount of such sum of money.

(2) The powers of the Director under subsection (1) shall include the power to hear and decide, in accordance with the procedure laid down in this Chapter, any claim by—

(a) an employee against any person liable under section 116C;

(b) a subcontractor for labour against a contractor or subcontractor for any sum of money which the subcontractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or

(c) an employer against his employee in respect of indemnity due to such employer under subsection (1) of section 12;

and to make such consequential orders as may be necessary to give effect to his decision.

(a) any term of the contract of service between such employee and his employer;

(b) any of the provisions of this Ordinance or any subsidiary legislation made thereunder; or

(c) the provisions of the Wages Councils Act 1947 [ Act 195] National Wages Consultative Council Act 2011 or any order made thereunder,

and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount of such sum of money.

(2) The powers of the Director under subsection (1) shall include the power to hear and decide, in accordance with the procedure laid down in this Chapter, any claim by—

(a) an employee against any person liable under section 116C;

(b) a subcontractor for labour against a principal, contractor or subcontractor for any sum of money which the subcontractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or

(c) an employer against his employee in respect of indemnity due to such employer under subsection (1) of section 12;

and to make such consequential orders as may be necessary to give effect to his decision.

25. Section 7C 7C. (1) Notwithstanding the provisions of this Ordinance, the powers of the Director under

Dibatalkan

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Additional powers of Director to inquire into complaints

paragraph (a) of subsection (1) of section 7A shall extend to employees whose wages per month exceed two thousand five hundred ringgit but does not exceed five thousand ringgit.

(2) For the purposes of this section, the term "wages" means wages as defined in section 2 but does not include any payment by way of commission, subsistence allowance or overtime payment.

(3) Save for this Chapter and Chapter XVI which shall apply with the necessary modifications, the other provisions of this Ordinance shall not apply to the employees referred to in subsection (1).

26. Section 7D

Claims for indemnity for termination of contract without notice.

(1) In the exercise of his powers under subsection (1) of section 7C, the Director may inquire into and decide any claim concerning any indemnity due to the employer or the employee where the contract of service is terminated by either party without notice, or if notice was given, without waiting for the expiry of that notice.

(2) The indemnity due to the employer or employee under subsection (1) shall be a sum equal to the amount of wages which would have accrued to the employee during the term of the notice or during the unexpired term of the notice.

Dibatalkan

27. Section 7E

Order of Director may be in writing.

Notwithstanding subsection (1) of section 7A, an order of the Director made under subsection (1) of section 7C or subsection (1) of section 7D for the payment by or to the employer or employee of a sum of money as the Director deems just, without any limitation of amount, may be made in writing.

Dibatalkan

28. Section 7F Procedure in Director’s inquiry

The procedure for disposing of questions arising under sections 7A, 7C and 7D shall be as follows:

The procedure for disposing of questions arising under sections 7A, 7C and 7D shall be as follows:

29. Section 7I Prohibitory order by Director to third party.

(1) Whenever the Director shall have made an order under section 7A, 7C or 7D, against any employer or any person liable for the payment of any sum of money to any employee or subcontractor for labour and the Director has

(1) Whenever the Director shall have made an order under section 7A, 7C or 7D, against any employer or any person liable for the payment of any sum of money to any employee or subcontractor for labour and the Director has

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reason to believe that there exists between such employer or person liable and any other person a contract, not necessarily a contract as defined in section 2, in the course of the performance of which the employee or subcontractor performed the work in respect of which the order was made, the Director may summon such other person and, if after enquiry he is satisfied that such a contract exists, may make an order in the prescribed form prohibiting him from paying to the employer or person liable and requiring him to pay to the Director any money (not exceeding the amount found due to such employee or subcontractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract:

reason to believe that there exists between such employer or person liable and any other person a contract, not necessarily a contract as defined in section 2, in the course of the performance of which the employee or subcontractor performed the work in respect of which the order was made, the Director may summon such other person and, if after enquiry he is satisfied that such a contract exists, may make an order in the prescribed form prohibiting him from paying to the employer or person liable and requiring him to pay to the Director any money (not exceeding the amount found due to such employee or subcontractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract:

30. Section 7MAppeal against Director’s order to High Court

7M. (1) If any person whose financial interests are affected is dissatisfied with the decision or order of the Director under Section 7A, 7C, 7D or Section 7I, such person may appeal to the High Court.

7M. (1) If any person whose financial interests are affected is dissatisfied with the decision or order of the Director under Section 7A, 7C, 7D, or Section 7I or subsection 8C(3), such person may appeal to the High Court.

CHAPTER IIIASEXUAL HARASSMENT

31. Section 8AInterpretation

Tiada 8A. For the purpose of this Chapter, “complaint of sexual harassment” means any complaint relating to sexual harassment made –

(a) by an employee against another employee;

(b) by an employee against any employer; or

(c) by an employer against an employee.

32. Section 8BInquiry into complaints of sexual harrasment by employer

Tiada 8B Upon receipt of a complaint of sexual harassment by any person mentioned in section 8A, an employer or any class of employers shall inquire into the complaint in accordance with section 13(1) and (2).

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33. Section 8CComplaints of sexual harassment made to the Director

Tiada 8C. (1) If a complaint of sexual harassment is made to the Director, the Director shall assess the complaint and may direct an employer to inquire into such complaint.

(2) If a complaint of sexual harassment received by the Director is made against an employer who is a sole proprietor, the Director shall inquire into such complaint himself and the procedures prescribed in section 7F shall be applicable with necessary modifications for the purpose of such inquiry.

(3) Upon inquiry by the Director of the complaint of sexual harassment under subsection (2), the Director shall decide if sexual harassment is proven or not.

34. Section 8D Effects of decisions of the Director

Tiada 8D (1) Where the Director decides under subsection 8C(3) that sexual harassment is proven, the complainant may terminate his contract of service without notice.

(2) If the complainant terminates the contract of service under subsection (1), the complainant is entitled to-

(a) wages as if the complainant has given the notice of the termination of contract of service; and

(b) termination benefits and indemnity,

as provided for under the Ordinance or the contract of service, as the case may be.

35. Section 8FOffence

Tiada 8E. Any employer who fails to inquire into complaints of sexual harassment under subsection 8B commits an offence.

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36. Section 8GWritten code on prevention of sexual harassment at the place of employment

Tiada 8F. Every employer shall have a written code on prevention of sexual harassment and placed in a conspicuous area at the place of employment.

PART IAPROVISIONS RELATING TO PRE

EMPLOYMENT MATTERS

CHAPTER IIIBPRE-EMPLOYMENT

37. Section 8H Notification of vacancy and placement, and advertising vacancies

Tiada (1) The Director may at any time require any employer to furnish him any vacancy in the manner and within the period as determined.

(2) Any employer who fails to comply with subsection (1) commits an offence.

38. Section 8I

Registration of Job Seekers

Tiada (1) Any person who wishes to seek a job may register as determined by the Director.

(2) For the purpose of subsection (1), the Director may-

(a) within thirty days arrange for an interview with the job seeker;

(b) evaluate the jobseeker on his qualification and any training requirement that is needed to secure a job;

(c) facilitate to enhance the job seeker’s skills; and

(d) arrange for an interview with prospective employers.

For the purpose of this Chapter, “job seeker” means any person who is seeking for employment.

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39. Section 8J

Organising job fair or carnival

Tiada (1) No person shall organise a job fair or carnival unless he has obtained an approval as determined by the Director.

For the purpose of this section, “job fair or carnival” means where any person organises a programme to recruit job seeker for more than one employer.

(2) Notwithstanding subsection (1), an employer may organise a job fair or carnival for filling his vacancies in his establishment.

(3) Any person who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

40. Section 8KDiscrimination in pre-employment

Tiada (1) An employer shall not discriminate against a job seeker on the grounds of gender, religion, race, disability, language, marital status and pregnancy:

(a) in determining who should be offered employment including advertisement of the vacancy; or

(b) in the terms or conditions on which employment is offered.

Provided that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.

(2) The Director may inquire into any complaint that an employer practices discrimination on the grounds of gender, religion, race, disability, language, marital status and pregnancy and the Director may issue to the employer such directives as may be necessary or

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expedient to resolve the matter.

(3) An employer who fails to comply with any directive of the Director issued under subsection (2) commits an offence.

CHAPTER IV TERMS AND CONDITIONS

41. Section 9A Validity of any term or condition of service which is more favourable.

Subject to any express prohibition under this Ordinance or any rules, order or other subsidiary legislation made thereunder, nothing in section 9 shall be construed as preventing an employer and an employee from agreeing to any term or condition of service under which an employee is employed, or shall render invalid any term or condition of service stipulated in any collective agreement or in any award of the Industrial Court, which is more favourable to the employee than the provisions of this Ordinance or any rules, order or other subsidiary legislation made thereunder.

Validity of any term or condition of service which is more favourable.

(1) Subject to any express prohibition under this Ordinance or any rules, order or other subsidiary legislation made thereunder, nothing in section 9 shall be construed as preventing an employer and an employee from agreeing to any term or condition of service under which an employee is employed, or shall render invalid any term or condition of service stipulated in any collective agreement or in any award of the Industrial Court, which is more favourable to the employee than the provisions of this Ordinance or any rules, order or other subsidiary legislation made thereunder.

(2) Any variation or substitution to any existing terms and conditions of the contract of service which is less favourable to the employee shall be deemed invalid.

42. Section 9D

Presumption as to who is employee.

Tiada A person who works for or renders services to any other person is presumed until the contrary is proven to be an employee, regardless of the form of the contract, if any one or more of the following factors is present-

(a) the manner of work is subject to the control or direction of the other person;

(b) the particular hours of work are subject to the control or direction of the other person;

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(c) the person’s work constitute integral part of the other person’s business;

(d) the work is performed solely or mainly for the benefit of the other person;

(e) the person is provided with tools, raw materials or work equipment by the other person;

(f) payment of wages is made to the person at regular intervals of time; or

(g) such wages constitutes the person’s sole or principal source of income.

43. Section 11(3)(c)Termination of contract of service by notice.

(3)(c) requirements of that business for the employee to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish;

(3)(c) the requirements of that business for the employee to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish;

PART IICONTRACT OF SERVICE

CHAPTER IVTERMS AND CONDITIONS

44. Section 18(1)Contracts to be in writing and to include provision for termination

(1) A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing and shall be signed by both parties:

Provided that an employee unable to sign may indicate his consent by affixing thereto the impression of his thumb.

(1) A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing and shall be signed by both parties:

Provided that an employee unable to sign may indicate his consent by affixing thereto the impression of his thumb.

45. Section 18AProhibition of discrimination in employment

Tiada (1) No employer shall discriminate against employees in respect of employment and occupation on the basis of gender, religion, race or disabilities or any other basis as may be prescribed by the Minister, unless such treatment is not possible due to the inherent requirements

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of the employment.

(2) The Director may inquire into any complaint from an employee that an employer practices discrimination on the basis referred to in subsection (1) and the Director may issue to the employer such directives as may be necessary or expedient to resolve the matter.

Provided that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.


46. Section 18B Prohibition of forced labour

Nil (1) Subject to the Federal Constitution, all form of forced labour is prohibited.

(2) No person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour in contravention of subsection (1).

(3) Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

CHAPTER XREGISTERS, RETURNS AND NOTICE BOARD

47. Section 58Duty to keep registers.

(3) Notwithstanding subsections (1) and (2), the Director on a written application by an employer, may permit the employer to keep the information required under subsection (1) in any other manner as maybe approved by the director subject to such conditions as he may deem fit to impose.

(3) Notwithstanding subsections (1) and (2), the Director on a written application by an employer, may permit the employer to may keep the information required under subsection (1) in any other manner as maybe approved by the director subject to such any conditions as he may deem fit to impose as may be prescribed by the Director.

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CHAPTER XIAEMPLOYMENT OF WOMEN

CHAPTER XIAEMPLOYMENT OF WOMEN

48. Section 75Prohibition of night work

(1) Except in accordance with rules made under this Ordinance or any exemption granted under the proviso to this subsection, no employer shall require any female employee to work in any agricultural, forestry or industrial undertaking between the hours of ten o'clock in the evening and five o'clock in the morning nor commence work for the day without having had a period of eleven consecutive hours free from such work:

Provided that the Director may, on application made to him in any particular case, exempt in writing any female employee or class of female employees from any restriction in this subsection, subject to any conditions he may impose.

Dibatalkan

(2) Any person—

(a) who is affected by any decision made or condition imposed under the proviso to subsection (1); and

(b) who is dissatisfied with such decision or condition,

may within thirty days of such decision or condition being communicated to him appeal in writing to the Minister.

Dibatalkan

(3) In deciding any appeal made to him under subsection (2), the Minister may make such decision or order, including the alteration or removal of any condition imposed or the imposition of any further condition, as appears just and such decision or order shall be final.

Dibatalkan

51. Section 76Emergencies

In any serious emergency when the public interest demands it the Minister may by order suspend the operation of section 75 in so far they affect women.

Dibatalkan

52. Section 78 No female employee shall be employed in any Dibatalkan

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Prohibition of underground work

underground work.

CHAPTER XIBMATERNITY PROTECTION

53. Section 83Length of eligible period and entitlement to maternity allowance

(1) Every female employee shall be entitled to maternity leave for a period of not less than sixty consecutive days (also referred to in this Chapter as the "eligible period") in respect of each confinement and, subject to this Chapter, she shall be entitled to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.

(1) Every female employee shall be entitled-

(a) to maternity leave for an eligible period in respect of each confinement; and

(b) subject to this Chapter, to receive from her employer a maternity allowance to be calculated or prescribed as provided in this section in respect of the eligible period.

(2) Where a female employee is entitled to maternity leave under subsection (1) but is not entitled to receive maternity allowance from her employer for the eligible period under subsection (5), or because she has not fulfilled the conditions set out in subsection (6), she may, with the consent of the employer, commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner.

(2) Where a female employee is entitled to maternity leave under subsection paragraph (1)(a) but is not entitled to receive maternity allowance from her employer for the eligible period under subsection (5), or because she has not fulfilled the conditions set out in subsection (6), she may, with the consent of the employer, commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner.

(6) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if -

(a) she has been employed by the employer at any time in the four months immediately before her confinement; and

(b) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her

(6) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if-

(a) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement; and

(b) she has been employed by the employer at any time in the four months immediately

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confinement.

Tiada

before her confinement.

Provided that where the service of a female employee is terminated with wages in lieu of notice at any time during the period of four months immediately preceding her confinement, she shall, in computing the period of her employment for the purpose of this Chapter, be deemed to have been employed as if she had been given due notice instead of wages in lieu thereof.

(11) For the purposes of this section, “children” means all natural children, irrespective of age.

(11) For the purposes of this Chapter-

(a) “children” means all natural children, irrespective of age; and

(b) “eligible period” means a period of maternity leave of not less than ninety eight consecutive days.

58. Section 91A Restriction on dismissal termination of female employee during or after eligible period or on the ground of pregnancy

(1) Where a female employee remains absent from her work after the expiration of the eligible period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy and confinement and to render her unfit for her work, it shall be an offence, until her absence exceeds a period of ninety days after the expiration of the eligible period, for her employer to terminate her services or give her notice of termination of service.

(2) Subject to subsection (1), where a female employee is dismissed from her employment with wages in lieu of notice at any time during the period of four months immediately preceding her confinement, she shall, in computing the period of her employment for the purposes of this Part, be deemed to have been employed as if she had been given due notice instead of wages in lieu thereof.

(1) Where a female employee remains absent from her work after the expiration of the eligible period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy and confinement and to render her unfit for her work, it shall be an offence, until her absence exceeds a period of ninety days after the expiration of the eligible period, for her employer to terminate her services or give her notice of termination of service.

(2) No employer shall terminate the employment of a female employee during eligible period or due to her pregnancy or during the period of pregnancy.

(3) Any employer who terminates the services of employee during or after eligible period or on the ground of pregnancy or during the period of pregnancy commits an offence;

Provided that for the purpose of this section, such termination shall not include termination on

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the ground of closure of the employer’s business.

CHAPTER XIIREPATRIATION

59. Section 96

Heading of the section

Right and obligation of worker and employer in respect of repatriation

Right and obligation of worker employee and employer in respect of repatriation

CHAPTER XIIIDOMESTIC SERVICE

60. Section 100 Domestic servants

The Minister may make rules applying all or any of the provisions of this Ordinance to all domestic servants or to any group, class or number of domestic servants and make rules to provide generally for the engagement, repatriation and working conditions of domestic servants.

Dibatalkan

61. Section 100A Termination of Contract

Tiada 100A Subject to any express provision to the contrary contained therein, a contract to employ and to serve as a domestic employee may be terminated either by the person employing the domestic employee or by the domestic employee giving the other party fourteen day’s notice of his intention to terminate the contract, or by the paying of an indemnity equivalent to the wages which the domestic employee would have earned in fourteen days.

Provided that any such contract may be terminated by either party without notice and without the paying of an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.

CHAPTER XIVGENERAL PROVISIONS RELATING TO

CONTRACT OF SERVICE

62. Section 102(1)Limitation on advances to employees

(e) …………………

(f) ………………….

(e) .......

(ea) to enable him to purchase a computer;

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(eb) to enable him to pay for medical expenses for himself or his immediate family members;

(ec) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees' Social Security Act 1969 [Act 4];

(ed) to enable him to pay for educational expenses for himself or his immediate family members;

(f) ...

Tiada (1A) For the purposes of this section, “immediate family members” means the employee’s parents, spouse, children, siblings or any other person under the employee's guardianship.

64. Section 103(1)Holidays

103 (1) Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year -

(a) on fourteen gazetted public holidays as specified under the Holidays Ordinance (Sabah), four of which shall be -

(i) the National Day;

(ii) the Birthday of the Yang di-Pertuan Agong;

(iii) the Birthday of the Yang di-Pertua Negeri Sabah; and

(iv) the Workers’ Day;

……………………..

……………………..

(b) on any day in addition to the gazetted public holidays referred to in paragraph (a) declared as a public holiday by the Government

(1) Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year -

(a) on fourteen fifteen gazetted public holidays as specified under the Holidays Ordinance (Sabah), four five of which shall be –

(i) the National Day;

(ii) the Birthday of the Yang di-Pertuan Agong;

(iii) the Birthday of the Yang di-Pertua Negeri Sabah; and

(iv) the Workers’ Day; and

(v)the Malaysia Day:

……………………

……………………

(b) on any day in addition to the gazetted public holidays referred to in paragraph (a) declared

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of the State.

Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on a rest day, the working day following the rest day shall be a paid holiday in substitution of that public holiday.

as a public holiday by the Government of the State.

Provided that if any of the public holidays referred to in paragraphs (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 other public holiday shall be a paid holiday in substitution of the first mentioned public holiday.

65. Section 104Hours of Work

(1) Except as provided in this section, an employee shall not be required under his contract of service to work—

(a) more than five consecutive hours without a period of leisure 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 one day;

(d) more than forty-eight hours in one week:

Provided that—

(aa) for the purpose of paragraph (a), any break of less than thirty minutes in the five consecutive hours shall not break the continuity of that five consecutive hours;

(ab) an employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than forty-five minutes in the

(1) Except as provided in this section, an employee shall not be required under his contract of service to work—

(a) more than five consecutive hours without a period of leisure 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 one day;

(d) more than forty-eight forty-four hours in one week:

Provided that—

(aa) for the purpose of paragraph (a), any break of less than thirty minutes in the five consecutive hours shall not break the continuity of that five consecutive hours;

(ab) an employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than forty-five minutes in the

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aggregate during which he shall have the opportunity to have a meal; and

(ac) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight hours in one week.

aggregate during which he shall have the opportunity to have a meal; and

(ac) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight forty-four hours in one week.

Tiada (10) (a) An employer who engages any employee for night work between the hours of ten o‘clock in the evening and five o’clock in the morning shall ensure -

(i) the safety of the employee; and

(ii) the employee is not required or permitted to commence work for the day without having had a period of eleven consecutive hours free from such work.

(b) For the purpose of subsection (10)(a), an employer may provide transport services for the employee.

67. Section 104CWork on rest day

(3) An employee employed on a monthly rate of pay who works on a rest day shall be paid for any period of work-

(3) An employee employed on a monthly or weekly rate of pay who works on a rest day shall be paid for any period of work-

68. Section 104E Sick leave

(1) An employee shall after examination at the expense of the employer—

(a) by a registered medical practitioner duly appointed by the employer; or

(b) if no such registered medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the registered medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical

(1) An employee shall after examination at the expense of the employer—

(a) by a registered medical practitioner duly appointed by the employer; or

(b) if no such registered medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the registered medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical

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officer,

be entitled to paid sick leave—

(aa) where no hospitalization is necessary—

(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;

(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;

(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or

(ab) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer:

Provided that the total number of days of paid sick leave in a calendar year which an employee is entitled to under this section shall be sixty days in the aggregate:

And provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason the employee shall be deemed to be hospitalised for the purposes of this section.

officer,

be entitled to paid sick leave—

(aa) where no hospitalization is necessary—

(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;

(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;

(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or

(ab) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer:

Provided that the total number of days of paid sick leave in a calendar year which an employee is entitled to under this section shall be sixty days in the aggregate:

And provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason the employee shall be deemed to be hospitalised for the purposes of this section.

69. Section 105AFlexible Working Arrangement

Tiada (1) Notwithstanding anything contained in the contract of service, an employee at any time may request in writing to the employer to vary the terms and conditions of employment relating to the hours of work or days of work and place of employment .

(2) The request mentioned under subsection (1) shall contain the following:-

(a) the employee’s name;

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(b) the date on which the request is made;

(c) specify the variation of the working arrangements requested and whether the variation is permanent or for a period of time;

(d) specify the date on which the employee proposes that the variation take effect and, if the variation is for a period of time, the date on which the variation is to end; and

(e) explain, in the employee’s view, what changes, if any, the employer may need to make to the employer’s arrangements if the employee’s request is approved.

(3) The employer shall consider the request under subsection (1) not later than 30 days from the date of such request, and shall notify the decision in writing.

(4) The request shall be refused if-

(a) the employee is bound by a collective agreement;

(b) the request relates to working arrangements to which the collective agreement applies; and

(c) the employee’s working arrangements would be inconsistent with the collective agreement if approved by the employer.

(5) If the employer refuses to approve the request, he shall state the ground of the refusal

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due to wholly or mainly to the fact that-

(a) inability to reorganise work among employees:

(b) inability to recruit additional employee:

(c) detrimental impact on quality:

(d) detrimental impact on performance:

(e) insufficiency of work during the period the employee proposes to work:

(f) planned structural changes:

(g) burden of additional costs:

(h) detrimental effect on ability to meet customer demand.

(5) If an employee believes that his employer has not complied with subsection 105A(3), the employee may refer the matter to the Director who may, to the extent practicable in the circumstances, facilitate the employee and employer to resolve the matter.


70. Section 105BCalculation of wages for incomplete month of work

Tiada Where an employee is employed on a monthly rate of pay and has not completed the whole month of service due to –

(a) he commences employment after the first day of the month;

(b) his employment is terminated before the

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end of the month;

(c) he takes leave or absence without pay for one or more days of the months;

(d) he takes leave or absence to perform his national service under the National Service Training Act 2003 [Act 628] or voluntary service under the Armed Forces Act 1972 [Act 77] and Police Act 1967 [Act 344],

his wages for that particular month shall be calculated according to the following formula;

Monthly wages

Numbers of days on which the employee is required to work

in that month

x Number of days the employee

actually worked in that month

71. Section 108Time of Payment of wages.

(1) The wages of an employee shall be paid not later than seven days after the expiration of the wage period in respect of which they are due.

(2) All wages due to an employee whose contract of service is terminated by expiry of the period for which it was made shall be paid to him on the day on which such contract of service terminates:

Provided that if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.

(3) All wages due to an employee whose agreement or contract is terminated by his employer shall be paid to him on the day on which such agreement or contract is terminated or, if this is not possible, on the first day, not being a rest day or gazetted holiday, after the day on which such agreement or contract is terminated.

(1) Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.

(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 103(1)(a) and (b) and overtime referred to in section 104 shall be paid not later than the last day of the next wage period.

(3) Notwithstanding subsections (1) and (2), if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.

(4) The wages, less lawful deductions, earned by but not yet paid to an employee whose contract of service terminates in accordance to section 10A(1) or of section 11 shall be paid to such employee not later than the day on which such contract of service so terminates.

(5) Where an employer terminates the contract of

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(4) All wages due to an employee who terminates his agreement or contract without giving notice to his employer after he has given due notice to such employer as required under sections 11 shall be paid to him on the day on which such agreement or contract is terminated.

(5) If an employee terminates his agreement or contract without giving notice to his employer as required by section 11 or if the required notice having been given the employee terminates his agreement or contract without waiting for the expiry of such notice, all wages due shall be paid to him before the expiry of the seventh day after the day on which he terminates his agreement or contract:

Provided that the employer may, subject to any order made by a Court or the Director to the contrary, deduct from the wages due to the employee such sum as the employee is liable to pay in lieu of notice according to the provisions of section 12 or the terms of his contract if any.

service of an employee without notice in accordance with subsection 12(1) or (2) and paragraph 13(1)(a)—

(a) the wages, less any deductions which the employer is entitled to make under section 113, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect; and

(b) in addition, where the employer terminates the contract of service under subsection 12(1), the indemnity payable to the employee under that subsection,

shall be paid by the employer to the employee not later than the day on which such contract of service is so terminated.

(6) Where an employee terminates his contract of service with an employer without notice in accordance with subsection 12(1) or (2) or subsection 13(3), the wages, less any deductions which the employer is entitled to make under section 113, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee not later than the third day after the day on which the contract of service is so terminated.

(7) The employer may, subject to any order made by a court or the Director to contrary, deduct from wages due to the employee such sum as the employee is liable to pay in lieu of notice, according to the provision of section 12 or the terms of his contract if any.

72. Section 110

Wages to paid in legal tender through

(1) Except where otherwise expressly permitted by this Ordinance the entire amount of the wages earned by, or payable to, any employee in respect of any work done by him shall be actually paid to him in legal tender and every

(1) Except where otherwise expressly permitted by this Ordinance t T he entire amount of the wages earned by, or payable to, any employee in respect of any work done by him less any lawful deductions, shall be actually paid to him

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financial institution payment of, or on account of any, such wages made in any other forms shall be illegal, null and void.

(2) Every employee shall be entitled to recover in the courts or before the Director acting under section 7A so much of his wages, have been actually paid to him in legal tender or paid to him by any of the ways under section 110A.

(3) Where payment of wages is made in cash it shall be made on working days only and at or near the workplace.

in legal tender and every payment of, or on account of any, such wages made in any other forms shall be illegal, null and void through payment into an account in the name of the employee or an account in the name of the employee jointly with one or more other persons as sipulated by the employee which is maintained with a financial institution.

(2) Every employee shall be entitled to recover in the courts or before the Director acting under section 7A so much of his wages, exclusive of sums lawfully deducted under section 113, as shall not have been actually paid to him in accordance with subsection (1). in legal tender or paid to him by any of the ways under section 110A.

(3) Where payment of wages is made in cash it shall be made on working days only and at or near the workplace For the purpose of this Chapter, financial institution refers to:

(a) a licensed bank under the Financial Services Act 2013 [ Act 758 ];

(b) an Islamic bank under the Islamic Financial Services Act 2013 [ Act 759 ];

(c) a prescribed institution under the Development Financial Institutions Act 2002 [ Act 618 ];

(d) an entity approved under the Financial Services Act 2013 [ Act 758 ] and the Islamic Financial Services Act 2013 [ Act 759 ] as may be specified in an order by the Minister ;

(e) an institution licensed, authorised, permitted, registered or established pursuant to any other written law and authorized to accept deposit; and

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(f) any other person prescribed by the Minister of Finance as a financial institution for purposes of this Chapter.

73. Section 110APayment of wages other than through bank financial institution

(1)Nothing in section 110 shall operate so as to render unlawful or invalid any payment of wages by the employer to the employee with the employee's written consent in any of the following ways:

(a)Payment into an account at a bank or a finance company licensed under the Banking and Financial Institutions Act 1989 in any part of Sabah being an account in the name of the employee or an account in the name of the employee jointly with one or more other person, not being his employer;

(b)payment by cheque made payable to or to the order of the employee.

(2)The consent of the employee under this section may be withdrawn by him at any time by notice in writing given to the employer; and such notice shall take effect at but not before the end of the period of four weeks beginning with the day on which the notice is given.

(3)The consent of the employee to the mode of payment of wages under subsection (1) shall not be unreasonably withheld or, if granted, shall not be unreasonably withdrawn by the employee notwithstanding subsection (2).

(4)Any dispute as to whether an employee has unreasonably withheld or withdrawn his consent to the mode of payment of his wages under subsection (1) shall be referred to the Director whose decision on the matter shall be final.

(1) Notwithstanding subsection 110(1), an employer may, upon a written request from the employee and with the prior approval in writing from the Director, make payment of his employee’s wages—

(a) in legal tender; or

(b) by cheque made payable to or to the order of the employee

(2) The Director may impose any conditions as he may think fit in respect of approval granted under subsection (1).

(3) The request by the employee under subsections (1) may be withdrawn by the employee at any time, by notice in writing, to the employer.

(4) The notice referred to in subsection (3) shall take effect at, but not before, the end of the period of four weeks beginning with the day on which the notice is given and the approval of the Director issued under subsection (1) shall be deemed revoked immediately.

(5) The request of the employee to the mode of payment of wages under subsections (1) shall not be unreasonably withheld by the employer.

(6) Any dispute arising out of the request by the employee under subsections (1) shall be referred to the Director whose decision on the matter shall be final.

(7) Section 7A shall not apply in respect of any dispute under subsection (6).

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74. Section 110B

Power of Director to inquire into any information in respect of payment of wages and all other payments arises from a contract of service

Tiada The Director may require for disclosure of any information from any financial institution with regard to the payment of wages and all other payments entered into or caused to be entered into in respect to a contract of service.

75. Section 116

Remuneration other than wages

(1) Nothing in this Chapter shall render illegal a contract of service with an employee under which the employer agrees to provide the employee with house accommodation, food, fuel, light, water, medical attendance, or any approved amenity or approved service in addition to wages but no employer shall provide any employee with any intoxicating liquor as part of the terms of a contract of service.

(2) The Director may, on application made to him in writing by an employer, approve in writing any amenity or service as an approved amenity or approved service, and in granting such approval the director may take such modifications or impose such conditions as he may deem proper.

(1) Nothing in this Chapter shall render illegal a contract of service with an employee under which the employer agrees to provide the employee with house accommodation, food, fuel, light, water, medical attendance, or any approved amenity or approved service or any approved incentive payment scheme in addition to wages but no employer shall provide any employee with any intoxicating liquor as part of the terms of a contract of service.

(2) The Director may, on application made to him in writing by an employer, approve in writing any amenity or service or any incentive payment scheme as an approved amenity or approved service or approved incentive payment scheme, and in granting such approval the director may take such modifications or impose such conditions as he may deem proper.

76. Section 116C Liability of principals, and contractors and contractors for labour for wages

Tiada (1A) Where the principal, contractor or subcontractor enters into contract with contractor for labour, subsection (1) shall apply mutatis mutandis to wages due to any employee supplied by such contractor for labour for the purpose of the agreement.

77. Section 116D Verification of agreement by a principal, contractor or subcontractor and a contractor for labour

Tiada (1) Any agreement for supply of labour shall be made in writing and may be subject to verification by the Director.

(2) For the purpose of subsection (1), the Director may require the agreement or any document relating to the agreement to be furnished to him.

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(3) Any person who contravenes subsection (1) commits an offence.

78. Section 116E Information relating to supply of employees

Tiada (1) A contractor for labour who intends to supply or undertakes to supply any employee shall register with the Director in the prescribed form within fourteen days before supplying the employee.

(2) If a contractor for labour referred to in subsection (1) supplies any employee, he shall keep or maintain one or more registers containing information regarding each employee supplied by him and shall make such registers available for inspection.

(3) A contractor for labour who—

(a) supplies his employee without registering with the Director as required under subsection (1); or

( b )fails to keep or maintain any register, or make available any register for inspection as required under subsection (2),

commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

CHAPTER XIVAEMPLOYMENT OF NON-RESIDENT

EMPLOYEE

79. Section 118ADuty to furnish information and returns

Tiada (3) If the service of a non-resident employee is terminated –

(a) by the employer;

(b) by the non-resident employee;

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(c) upon the expiry of any employment pass issued by the Immigration Department of Malaysia to the non-resident employee; or

(d) by the repatriation or deportation of the non-resident employee,

the employer shall, within thirty days of the termination of service, inform the Director of the termination in a manner as may be determined by the Director.

(4) For the purpose of paragraph (3)(b), the termination of service by a non-resident employee include the act of the non-resident employee absconding from his place of employment.

80. Section 118F Prohibition of Employment of foreign employee

Tiada (1) In the case of any person convicted of any offence under Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 or any written law in relation to anti-traffficking in persons and forced labour, the Director shall prohibit the person from applying for employment of new foreign employees for a period not less than 1 year from such conviction.

(2) For the purpose this section the term “foreign employee” means an employee who is not a citizen.

CHAPTER XVIGENERAL

81. Section 124Right of audience

The Director, or any officer authorized in writing by the Director, shall have the right to appear and be heard before a Magistrates' Court or a Sessions Court in any civil proceedings under or arising out of this Ordinance, or any rules made under this Ordinance; and such right shall include the right to appear and represent an employee in any such proceedings.

The Director, or any officer authorized in writing by the Director, shall have the right to appear and be heard before a Magistrates' Court or a Sessions Court or a High Court in any civil proceedings under or arising out of this Ordinance, or any rules made under this Ordinance; and such right shall include the right to appear and represent an employee in any such proceedings.

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82. Section 125A Protection of Director and Officers

No suit shall lie against the Director and all officers duly appointed or authorized under this Ordinance for anything done or omitted to be done by him in good faith without negligence and in the intended exercise of any power conferred or performance of any duty imposed by this Ordinance.

No action shall lie or be brought, instituted or maintained in any court against—

(a) the Director, Deputy Director or any other officer duly appointed under this Ordinance for or on account of or in respect of any act ordered or done for the purpose of carrying this Ordinance into effect; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director, Deputy Director or any other officer duly appointed under this Ordinance,

if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

83. Section 127Saving clause as to civil jurisdiction of courts.

Nothing in this Ordinance shall be construed as preventing any employer or employee from enforcing his civil rights and remedies for any breach or non-performance of a contract of service by any suit in Court in any case in which proceedings have not been instituted before the Director under section 7A or, if instituted, have been withdrawn

Nothing in this Ordinance shall be construed as preventing any employer or employee from enforcing his civil rights and remedies for any breach or non-performance of a contract of service by any suit in Court in any case in which proceedings have not been instituted before the Director under section 7A or section 8C(3) or if instituted, have been withdrawn.

84. Section 129 Service of summons

(1) A summons issued by the Commissioner in accordance with section 6 and Chapter IIA may be served on any person by delivering or tendering to him a copy thereof signed by the Commissioner:

Provided that –

(a)if the person to be summoned has an agent authorised to accept service of the summons on his behalf, service on such agent shall be sufficent;

(b) if the person to be summoned cannot be found and has no agent authorised to accept

(1) A summons issued by the Commissioner Director in accordance with section 6 and Chapter IIA may be served on any person by delivering or tendering to him a copy thereof signed by the Commissioner Director:

Provided that –

(a) if the person to be summoned cannot be found and has an agent authorised to accept service of the summons on his behalf, service on such agent shall be sufficient;

(b) if the person to be summoned cannot be found and has no agent authorised to accept

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service of the summons on his behalf, service on any adult male member (not being a domestic servant) of the family of the person to be summoned who is residing with him shall be sufficient.

(2) When such summons as aforesaid is addressed to a corporation it may be served ---

(a) by leaving a copy thereof, signed by the Commissioner, at the registered office, if any, of the corporation; or

(b) by sending such copy by post in a letter addressed to the corporation at its principal office, whether such office be situated within Malaysia or elsewhere; or

(c) by delivering such copy to any director, secretary or other principal officer of the corporation.

service of the summons on his behalf, service on any adult male member (not being a domestic servant employee) of the family of the person to be summoned who is residing with him shall be sufficient.

(2) When such summons as aforesaid is addressed to a corporation it may be served ---

(a) by leaving a copy thereof, signed by the Commissioner, at the registered office, if any, of the corporation; or

(b) by sending such copy by registered post in a letter addressed to the corporation at its principal office, whether such office be situated within Malaysia or elsewhere; or

(c) by delivering such copy to any director, secretary or other principal officer of the corporation.

CHAPTER XVIAOFFENCES AND PENALTIES

85. Section 130CUnder Chapter IIA

130C. Under Chapter IIA

If –

(a) any person fails to comply with an order or decision of the Director made under subsection (1) of section 7A, subsection (1) of section 7C or subsection (1) of section 7D; or

(b) any employer prevents or attempts to

(1)

If –

(a) any person fails to comply with an order or decision of the Director made under subsection (1) of section 7A, subsection (1) of section 7C or subsection (1) of section 7D; or

(b) any employer prevents or attempts to

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prevent any employee from appearing before the Director under Chapter IIA,

he commits an offence and shall be liable on conviction, to a fine not exceeding ten thousand ringgit and in the case of a continuing offence, be liable to a fine not exceeding one hundred ringgit for each day during which such offence is continued after conviction.

prevent any employee from appearing before the Director under Chapter IIA,

he commits an offence and shall be liable on conviction, to a fine not exceeding ten thousand ringgit and in the case of a continuing offence, be liable to a fine not exceeding one hundred ringgit for each day during which such offence is continued after conviction.

Tiada (2) A person who fails to comply with any decision or order of the Director made under section 7A commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand ringgit; and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding two hundred ringgit for each day the offence continues after conviction.

Tiada (3) Where the employer has been convicted of an offence under paragraph (2), the court before which he is convicted may order the employer to pay any payments due to the employee as ordered by the Director under subsection 7A.

Tiada (4) Where an employer fails to comply with an order made under subsection (3), the court shall, on the application of the employee, issue a warrant to levy the employer’s property for any payments due to the employee under subsection (3) in the following manner:

(a) by way of distress and sale of employer’s property in accordance with the same procedure of execution under the Rules of Court 2012 and this execution shall apply mutatis mutandis notwithstanding the amount in the order; or

(b) in the same manner as a fine as provided under section 283 of the Criminal Procedure Code [Act 593].

86. Offences and Penalties

Section 130E

130E. An employer who -

(a)...

130E. An employer who -

(a)Remain.

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Under Chapter X(b)…

(c)destroys, alters or mutilates the register referred to in paragraph (a), or causes or permits the register to be destroyed, altered or mutilated;

(d)…

(e)…

(f)…

commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

(b)Remain.

(c)destroys, alters or mutilates the register referred to in paragraph (a) (b), or causes or permits the register to be destroyed, altered or mutilated;

(d) Remain.

(e) Remain.

(f) Remain,

commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

87. Section 130F

Under Chpater XI

(1) Any person contravening any of the provisions of Chapter XI or of any rule or order made thereunder or who being the parent or guardian of a child or young person knowingly acquiesces in any such contravention in respect of such child or young person, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) On the conviction of any person for an offence under subsection (1) the Director shall, if the person convicted is the holder of a licence under any written law in force on entertainment, inform the licensing authority concerned of the particulars of such conviction and the licensing authority may take such action as it considers appropriate.

(1) Any person contravening any of the provisions of Chapter XI or of any rule or order made thereunder or who being the parent or guardian of a child or young person knowingly acquiesces in any such contravention in respect of such child or young person, commits an offence and shall be liable on conviction to a fine not exceeding ten fifty thousand ringgit or to imprisonment for a term not exceeding two three years or to both and, in the case of a second or subsequent offence, shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both .

(2) On the conviction of any person for an offence under subsection (1) the Director shall, if the person convicted is the holder of a licence under any written law in force on entertainment, inform the licensing authority concerned of the particulars of such conviction and the licensing authority may take such action as it considers appropriate.

88. Section 130G An employer of a female employee commits an offence if the female employee is employed

Dibatalkan

35


Under Chapter XIA contrary to sections 75, 78 or 78A and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

89. Section 130HUnder Chapter XIB

Any employer who –

(d) dismisses a female employee from her employment during the period in which she is entitled to maternity leave; or

Any employer who –

(c)dismisses terminates a female employee from her employment during the period in which she is entitled to maternity leave; or

90. Section 130MGeneral Penalty

Any person who commits any offence under this Ordinance or any rule, order or other subsidiary legislation made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thousand ringgit.

Any person who commits any offence under this Ordinance or any rule, order or other subsidiary legislation made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thirty thousand ringgit.

91. Section 130L Under Chapter XIVA

An employer who fails to comply with Chapter XIVA, or any person who forges, alters or tampers with a Licence To Employ Non-Resident Employee or any person in possession of a forged, altered or tampered Licence To Employ Non-Resident Employee, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for six months or to both.

(1) An employer who contravenes subsection 118 (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) An employer who fails to comply with Chapter XIVA, or any person who forges, alters or tampers with a Licence To Employ Non-Resident Employee or any person in possession of a forged, altered or tampered Licence To Employ Non-Resident Employee, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for six months or to both.

92. Section 130M – General Penalty

Any person who commits any offence under this Ordinance or any rule, order, or other subsidiary legislation whatever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine of not exceeding ten thousand ringgit.

Any person who commits any offence under, or contravenes any provisions of this Ordinance or any rule, order, or other subsidiary legislation whatever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine of not exceeding ten thousand ringgit.

93. Section 130NPower to compound offences.

(1)The Director, Deputy Director of Labour or Senior Assistant Director of Labour appointed under paragraph (a) or (b) of subsection (1A) of section 3 may, compound any offence committed by a person which is punishable under this Ordinance or any rule made under this

(1)The Director, Deputy Director of Labour or Senior Assistant Director of Labour appointed under paragraph (a) or (b) of subsection (1A) of section 3 may, with the consent in writing of the Public Prosecutor, compound any offence commited by a person which is punishable under this Ordinance or any rule made under this

36


Ordinance. Ordinance.

94. 130NAOffence by body corporate, etc.

Tiada Where an offence under this Ordinance has been committed by a body corporate, partnership, society or trade union-

(a) in the case of body corporate, any person who is a director, manager, or other similar officer of the body corporate at the time of the commission of the offence;

(b) in the case of a partnership, every partner in the partnership at the time of the commission of the offence; and

(c) in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence.

shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or the trade union.

CHAPTER XV1BRULES

95. Section 130O(2) (2) Without prejudice to the generality of the foregoing, the Minister may make rules –

(a)……………………………

(b)prescribing the conditions under which female employees may work at night;

(c)……………………………

(d)……………………………

(e)……………………………

(f)……………………………

(2) Without prejudice to the generality of the foregoing, the Minister may make rules –

(a)………………………………..

(b) Deleted

(c)………………………………..

(d)………………………………..

(e)………………………………..

(f)………………………………..

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(g).......................................

(h)Prescribing fees to be paid for filing of claims under section 7A and for copies of notes of evidence recorded under Chapter IA;

(i)……………………………..

(j)to provide for the application of all or any of the provisions of the Ordinance to all domestic servants and to provide generally for the engagement, repatriation and working conditions of domestic servants;

(k)to provide for the entitlement of employees and the payment by employers of termination, lay-off and retirement benefits;

(l)…………………………..

(m) to regulate the employment of children and young persons and may specify —

(i) the form of licence to be issued under section 73D and the conditions and restrictions to be attached to such licence;

(ii) the time which children and young persons employed shall be entitled to take off from work for meals or rest periods; and

(iii) the procedure to be followed by any Board appointed under subsection (2) of section 74A;

(n)…………………………..

(o)…………………………..

(p)to prescribe for the calculation of overtime for piece rated employees under subsection (10) of section 104.

(g)………………………………..

(h)Prescribing fees to be paid for filing of claims under section 7A or 8C and for copies of notes of evidence recorded under Chapter IIA or Chapter IIIA:

(i)………………………………..

(j)to provide for the application of all or any of the provisions of the Ordinance to all domestic employee servants and to provide generally for the engagement, repatriation, terms and conditions and working conditions of domestic employee servants

(k)Deleted.

(l)………………………………..

(m) to regulate the employment of children and young persons and may specify —

(i) the form of licence to be issued under section 73D and the conditions and restrictions to be attached to such licence;

(ii) the time which children and young persons employed shall be entitled to take off from work for meals or rest periods; and

(iii) deleted;

(n)………………………………..

(o)………………………………..

(p).........................................(q)prescribe the matters relating to the discrimination in respect of employment and occupation ;

(r)prescribing the manner and conditions of keeping register required under section 58 ;

(s)prescribing the minimum standards of employees’ housing and amenities and any other matters related thereto;

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(t)prescribing any condition for employer to grant employee rest day for each week on any day of the month;

(u)prescribing matters relating to flexible working arrangement.

96. First Schedule SCHEDULE

[subsection (2) of Section 2]

Employee Provision of the

Ordinancenot applicable

1. Any person, irrespective of his occu-pation, who has entered into a contract of service with an employer under which such person's wages do not ex-ceed two thousand five hundred ringgit a month. 2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which—

(a) he is engaged in manual labour including such labour as an arti-san or apprentice:

Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity, such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period;

(b) he is engaged in the operation or

maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial

FIRST SCHEDULE

[subsection (1) of Section 2]

Employee Provision of the

Ordinance not

applicable

1. Any person, irrespective of his occu-pation or the amount of wages he earns in a month, who has entered into a con-tract of service with an employer, and includes contract of service under which such person's wages do not exceed two thousand five hundred ringgit a month. 2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which—

(a) Deleted.

(b) Deleted.

(c) Deleted.

(d) Deleted.

(e) he is engaged in any capacity in any vessel registered in Malaysia and who

(i) is not an officer certifi-cated under the Mer-chant Shipping Acts of the United Kingdom as amended from time to time;

(ii) is not the holder of a local certificate as

Definition of "ordinary rate of pay" in section 2, sections 103, 104, 104A, 104B, 104C, 104D, 104E and subsection (2) of section 105.

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BIL SEKSYEN PERUNTUKAN SEDIA ADA CADANGAN PINDAAN KOMENpurposes;

(c) he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work;

(d) he is engaged in recruiting employees;

(e) he is engaged in any capacity in any vessel registered in Malaysia and who

(i) is not an officer certifi-cated under the Mer-chant Shipping Acts of the United Kingdom as amended from time to time;

(ii) is not the holder of a local certificate as defined in Part VII of the Merchant Shipping Ordinance 1952; or

(iii) has not entered into an agreement under Part III of the Merchant Shipping Ordinance 1952; or

Definition of "ordinary rate of pay" in section 2, sections 103, 104, 104A, 104B, 104C, 104D, 104E and subsection (2) of section 105.

(f) he is engaged as a domestic servant

Definition of "ordinary rate of pay" in section 2, sections 10 and 11, subsections (1) and (2) of section 13, sections 57, 58, Chapter XIB, sections 102, 103, 104, 104A, 104B, 104C, 104D, 104E, 104F, subsection (2) of section 105 and Chapter XIVA except

defined in Part VII of the Merchant Shipping Ordinance 1952; or

(iii) has not entered into an agreement under Part III of the Merchant Shipping Ordinance 1952; or

(f) he is engaged as a domestic servant employee

Definition of "ordinary rate of pay" in section 2, sections 10 and 11, subsections (1) and (2) of section 13, sections 57, 58, Chapter XIB, sections 102, 103, 104, 104A, 104B (except 104B(1)), 104C, 104D, 104E, 104F, and subsection (2) of section 105 and Chapter XIVA except section 118.

(g) Any person whose exceeds three thousand ringgit a month

Section 104, 103(6) and termination and lay off benefit.

3. For the purpose of this Schedule, "wages" means wages as defined in section 2, but shall not include any payment by way of commission (except where commission is the only wages received), subsistence allowance and overtime payment.

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BIL SEKSYEN PERUNTUKAN SEDIA ADA CADANGAN PINDAAN KOMENsection 118.

3. For the purpose of this Schedule, "wages" means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment.

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