Employment Act(CHAPTER 91)
Table of Contents
Part I PRELIMINARY
1 Short title
3 Appointment of officers
4 Rules and orders
5 Minister may restrict application
6 Existing law not affected
7 Invalidity of contract of service
Part II CONTRACTS OF SERVICE
8 Illegal terms of contract of service
9 Termination of contract
10 Notice of termination of contract
11 Termination of contract without notice
12 Contractual age
13 When contract deemed to be broken by employer and employee
14 Misconduct of employee
15 Termination by employee threatened by danger
16 Liability on breach of contract
17 Contract of service not to restrict rights of employees to join, participate in or organise trade unions
18 Change of employer
18A Transfer of employment
Part III PAYMENT OF SALARY
20 Fixation of salary period
20A Computation of salary for incomplete month’s work
21 Time of payment
22 Payment on dismissal or termination by employer
23 Payment on termination by employee
24 Income tax clearance
25 Payment to be made during working hours
26 No unauthorised deductions to be made
27 Authorised deductions
28 Deductions for absence
29 Deductions for damages or loss
30 Deductions for accommodation, amenity and service.
31 Recovery of advances and loans.
32 Deductions not to exceed 50% of salary.
33 Priority of salary to other debts.
Part IV REST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONS OF SERVICE
35 Application of Part IV to workmen and certain other employees.
36 Rest day.
37 Work on rest day.
38 Hours of work.
39 Task work.
40 Shift workers, etc.
41 Interpretation of "week" for purposes of sections 36, 38 and 40.
41A Power to exempt.
43 Annual leave.
44 Sick leave.
45 Payment of retrenchment benefit.
46 Retirement benefit.
47 Priority of retirement benefits, etc.
48 Payment of annual wage supplement or other variable payment.
49 Power of Minister to make recommendations for wage adjustments.
50 Interpretation for purposes of sections 48 and 49.
52 Power to suspend application of Part IV.
Part V TRUCK SYSTEM
54 Agreements to pay salary otherwise than in legal tender illegal.
55 Agreements as to place and manner, etc., of spending salary illegal.
56 Salary to be paid entirely in legal tender.
57 Recovery of salary not paid in legal tender.
58 Interest on advances forbidden.
59 Remuneration other than salary.
60 Shops and canteens.
62 Proceedings may be taken against actual offender.
63 Payment of salary through bank.
64 Limitations on application of Part V.
Part VI CONTRACTORS AND CONTRACTING
65 Liability of principals, contractors and subcontractors for salary of workman.
66 Registration of contractors and subcontractors.
Part VIA PART-TIME EMPLOYEES
66A Part-time employees.
66B Minister may exclude or modify Act in relation to part-time employees.
Part VII DOMESTIC WORKERS
67 Minister may apply Act to domestic workers.
Part VIII EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
68 Restriction on employment of children.
69 Restriction on employment of young persons.
70 Conditions of employment.
71 Minimum rates of salary may be prescribed.
72 Approved employment.
73 Regulations regulating employment.
75 Power of Juvenile Court in respect of children or young persons requiring care or protection.
Part IX MATERNITY PROTECTION AND BENEFITS
76 Length of benefit period.
77 Payments to include holidays.
78 When payment is to be made.
79 Payment of benefit on death of female employee before confinement.
80 Notice of confinement.
81 Dismissal during absence prohibited.
82 Employment after confinement.
83 Forfeiture of payment.
84 Right to benefit unaffected by notice of dismissal in specified circumstances.
85 Claim from one employer only.
86 Contracting out.
Part X EMPLOYMENT EXCHANGE
88 Employment exchange.
89 Only citizens to be registered.
90 Control of employment.
Part XI HEALTH, ACCOMMODATION AND MEDICAL CARE
91 Duty to provide proper quarters and sanitary arrangements.
92 Buildings to conform with requirements of law.
93 First-aid equipment.
Part XII REGISTERS, RETURNS AND OTHER DOCUMENTARY REQUIREMENTS
95 Register of employees.
96 Record of workmen.
98 Commissioner may call for further returns.
99 Power to call for returns, books, etc.
100 Service of requisitions.
102 Returns not to be published or disclosed.
Part XIII INSPECTION AND ENQUIRY
103 Inspections and enquiries.
104 Notice to employer by Commissioner or inspecting officer of inspection or visit.
105 Powers of Commissioner and inspecting officer.
106 Inspecting officer not to reveal secrets.
Part XIV GENERAL
107A Calculation of gross and basic rates of pay of employee employed on monthly rate or piece rates.
108 Wrongful detention of employee.
109 Employee not answerable for debt, default or miscarriage of another.
110 Obstruction of employee by employer.
111 Punishment for obstruction.
113 Penalty for fraudulently inducing employee to emigrate.
113A Offence by body corporate.
114 Power to compound offences.
Part XV CLAIMS, COMPLAINTS AND INVESTIGATIONS INTO OFFENCES
115 Commissioner’s power to inquire into complaints.
116 Prohibiting order by Commissioner to third party.
117 Right of appeal.
118 Fees and enforcement of orders.
119 Procedure for making and hearing claims.
120 Representation before Commissioner.
121 Joining of claims.
122 Jurisdiction of courts not affected.
123 Employee’s remedy when employer about to abscond.
124 Investigations of complaints and offences.
125 Procedure after inquiry.
126 Costs of proceedings.
Part XVI PROCEDURE AND REGULATIONS
127 Officers to be public servants.
128 Place of employment deemed to be public place.
129 Jurisdiction of Magistrates’ and District Courts.
130 Right to hearing.
131 Onus of proof.
132 Civil proceedings not barred.
133 Power to deal with evidence taken down by another officer.
134 Application of fines.
135 Imprisonment to be in discharge of fine, compensation, etc.
136 Recovery of money as fines.
137 Service of summons.
138 Power to make reciprocal provisions with Malaysia for the service, execution and enforcement of summonses, warrants and orders.
139 Power to make regulations.
140 Power to amend First and Second Schedules.
Calculation of Gross and Basic Rates of Pay of An Employee Employed on A Monthly Rate or on Piece Rates