Employment Act 1968
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Appointment of officers
4 Rules and orders
5 Minister may restrict application
6 Existing law not affected
7 (Repealed)
Part 2 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 Dismissal
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
19 Offence
Part 3 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
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 prescribed limit
33 Priority of salary to other debts
34 Offence
Part 4 REST DAYS, HOURS OF WORK AND OTHER CONDITIONS OF SERVICE
35 Application of this Part to certain workmen and 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
42 (Repealed)
43 (Repealed)
44 (Repealed)
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
51 (Repealed)
52 Power to suspend application of this Part
53 Offence
Part 5 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
61 Offence
62 (Repealed)
63 Payment of salary through bank
64 Limitations on application of this Part
Part 6 CONTRACTORS AND CONTRACTING
65 Liability of principals, contractors and subcontractors for salary of workman
66 Registration of contractors and subcontractors
Part 6A PART-TIME EMPLOYEES
66A Part-time employees
66B Minister may exclude or modify Act in relation to part-time employees
Part 7 DOMESTIC WORKERS
67 Minister may apply Act to domestic workers
Part 8 EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
67A Interpretation of this Part
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
74 Offence
75 Power of Youth Court in respect of children or young persons requiring care or protection
Part 9 MATERNITY PROTECTION AND BENEFITS AND CHILDCARE LEAVE FOR PARENT
76 Length of benefit period
77 Payments to include holidays, etc.
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 given without sufficient cause
84A Right to benefit unaffected by notice of dismissal given on ground of redundancy or by reason of reorganisation of employer’s profession, business, trade or work
85 (Repealed)
86 Contracting out
87 Offences and penalties
87A Childcare leave for parent
Part 10 HOLIDAY, ANNUAL LEAVE AND SICK LEAVE ENTITLEMENTS
88 Holidays
88A Annual leave
89 Sick leave
90 Offence
Part 11 (Repealed)
91 (Repealed)
92 (Repealed)
93 (Repealed)
94 (Repealed)
Part 12 REGISTERS, RETURNS AND OTHER DOCUMENTARY REQUIREMENTS
95 Employers’ obligation in relation to employee records
95A Employers’ obligation to give record of key employment terms
96 Employers’ obligation in relation to pay slips
96A Employer’s obligation to furnish information on retrenchment of employees
97 Returns
98 Commissioner may call for further returns
99 Power to call for returns, books, etc.
100 (Repealed)
101 Offence
102 Returns not to be published or disclosed
Part 13 INSPECTION AND ENQUIRY
103 Powers of Commissioner and inspecting officers
104 Notice to employer by Commissioner or inspecting officer of inspection or visit
105 Power to arrest without warrant
105A How to arrest
105B No unnecessary restraint
105C Search of persons arrested
105D Inspecting officer to be armed
105E Power to seize offensive weapons
105F Power on escape to pursue and arrest
106 Inspecting officer not to reveal secrets
106A Disposal of documents, articles, etc.
107 Offence
Part 14 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
112 Penalties
112A Abetment of offences
113 Penalty for fraudulently inducing employee to emigrate
113A Offences by bodies corporate, etc.
114 Power to compound offences
Part 15 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 No division of claims
124 Investigations of complaints and offences
125 Procedure after inquiry
126 Costs of proceedings
Part 15A ADMINISTRATIVE PENALTIES
126A Civil contraventions
126B Payment of administrative penalty
126C Appeal, etc.
126D Directions
Part 16 PROCEDURE AND REGULATIONS
127 Officers to be public servants
127A Protection from personal liability
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 requisitions and summons
138 Power to make reciprocal provisions with Malaysia for service, execution and enforcement of summonses, warrants and orders
139 Power to make regulations
140 Amendment of Schedules
Legislative History
Abbreviations
Comparative Table