EMPLOYEES’ SOCIAL SECURITY ACT 1969

1 LAWS OF MALAYSIAREPRINTPUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD2006 Act 4 EMPLOYEES SOCIAL SECURITY ACT 1969 Incorporating all amendments up to 1 January Page 1 Monday, March 27, 2006 11:02 AMPREPARED FOR PUBLICATION BYMALAYAN LAW JOURNAL SDN BHDAND PRINTED BYPERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH20062 EMPLOYEES SOCIAL SECURITY ACT 1969 Date of Royal .. 2 April 1969 Date of publication in the .. 10 April 1969 English text to be .. (B)80/1969 PREVIOUS REPRINTSF irst Reprint.

2 1992 Second Page 2 Monday, March 27, 2006 11:02 AMEmployees SOCIAL Security3 LAWS OF MALAYSIAAct 4 ARRANGEMENT OF SECTIONSEMPLOYEES SOCIAL SECURITY ACT 1969 PART title, extent, commencement and IIINSURABILITY AND of employees to be employer to pay contributions in the first of contribution from immediate provisions as to payment of where industry or employee is not insured or of contribution of payment of to furnish returns and maintain registers in certain , their functions and of examination and to exercise of powers by an to examine Page 3 Monday, March 27, 2006 11:02 AM4 Laws of MalaysiaACT of contributions in certain of Director General to ask for information and application forsearch of on contribution in arrearsPART person considered as suffering from insured person eligible for invalidity conditions for survivors pension18.

3 (Deleted) of invalidity pension20B.(Deleted) as to accident arising in the course of while happening while meeting benefit27.(Deleted) of employer and his of question of invalidity or of occupational to medical boards and appeals to appellate medical Page 4 Monday, March 27, 2006 11:02 AMEmployees SOCIAL person dies before medical board of decisions by medical board or appellate medical of invalidity of dependants of medical and maintenance of hospitals, s power to co-operate with existing institutions or promotemeasures for health, welfare, etc., of insured not assignable or attachable42.

4 (Deleted) not to commute cash not entitled to receive benefits in certain of disablement benefit or invalidity pension to of disablement benefit to observe conditions47.(Deleted) s right where a principal employer fails or neglects to payany of invalidity of benefit improperly of amount of benefit outstanding at the time of the death of theinsured not to reduce wages, not to dismiss or punish employee during period of for of change in condition, to compute the qualifying period and the rate of monthlyinvalidity for physical or vocational Page 5 Monday, March 27, 2006 11.

5 02 AM6 Laws of MalaysiaACT to be responsible for the recovery and collection ofrepayments of educational of collection agentsPART IVADMINISTRATION, FINANCE AND of the SOCIAL SECURITY Executive SOCIAL SECURITY of the shall appoint any person to act as Schedule to apply to of membership of of the Public Authorities Protection Act servants and public to give effect to Minister s of control of officers and servants by Director of officers and up divisions, regional offices, to dispose of staff to make staff of of Disciplinary Appeal to make disciplinary of of Promotion of Promotion Appeal Page 6 Monday, March 27, 2006 11:02 AMEmployees SOCIAL Security7 Section60.

6 (Deleted)61.(Deleted)62.(Deleted)63.(Del eted) and allowances65.(Deleted)66.(Deleted)67.(De leted) SECURITY of the of grants, donations, for which the Fund may be on from Fund for expenditure Government s of property, of Panel75B.(Deleted) of report and audited of assets and liabilitiesPART VADJUDICATION OF DISPUTE AND of SOCIAL SECURITY Appellate Page 7 Monday, March 27, 2006 11:02 AM8 Laws of MalaysiaACT to be decided by the of proceedings, of of SOCIAL SECURITY Appellate by legal practitioners, not admissible unless claimed in to High of payment pending appealPART for false for failure to pay contributions.

7 S order in respect of contributions due and payable to for more than one of entry to be prima facie of offencesPART person not entitled to more than one not entitled to both survivors pension and dependants benefitfor the same of industry or class of of persons or class of to make of industries belonging to Government or local from one or more provisions of the , etc., due to Organization to have priority over other Page 8 Monday, March 27, 2006 11:02 AMEmployees SOCIAL of powers and functions of the of documents after more than three years104.(Deleted) of the Minister to make of Board to review of of to remove and several liability of of contribution, of Director to deal with authorized for two or more successive accidentsFIRST SCHEDULESECOND SCHEDULETHIRD SCHEDULEFOURTH SCHEDULEFIFTH SCHEDULESIXTH SCHEDULESEVENTH SCHEDULEEIGHTH SCHEDULENINTH SCHEDULETENTH Page 9 Monday, March 27, 2006 11:02 Page 10 Monday, March 27, 2006 11:02 AM11 LAWS OF MALAYSIAAct 4 EMPLOYEES SOCIAL SECURITY ACT 1969An Act to provide SOCIAL SECURITY in certain contingencies and tomake provision for certain other matters in relation to it.

8 [See Appendix]BE IT ENACTED by the Seri Paduka Baginda Yang di-PertuanAgong with the advice and consent of the Dewan Negara andDewan Rakyat in Parliament assembled, and by the authority ofthe same, as follows:PART IPRELIMINARYS hort title, extent, commencement and application1.(1) This Act may be cited as the Employees SOCIAL SecurityAct 1969.(2) This Act shall apply throughout Malaysia.(3) This Act shall come into force on such date as the Ministermay, by notification in the Gazette, appoint and different datesmay be appointed for different provisions of this Act and fordifferent States or for different parts of this Act unless there is anything repugnant in the subjector context (1) (Deleted by Act A675);(1A) Board , except in Part V, means the SOCIAL SecurityOrganization Board established under section 59B.

9 (1B) child means a child of the deceased insured person Page 11 Monday, March 27, 2006 11:02 AM12 Laws of MalaysiaACT 4(a)who is a child under twenty-one years of age andincludes (i)a posthumous child, a dependent stepchild andan illegitimate child of the insured person; and(ii)a child adopted by the insured person underany written law relating to adoption or underany custom or usage, on satisfactory proof ofsuch adoption; and(b)who is a child of any age and is mentally retarded orphysically incapacitated and is incapable of supportinghimself.(2) contribution means the sum of money payable to theOrganization by the principal employer in respect of an insuredemployee and includes any amount payable by or on behalf of theemployee in accordance with this Act;(3) dependant means any of the following relatives of adeceased insured person, namely:(a)a widow or widower or a child; and(b)if there is no widow or widower or child (i)a daughter, if married and a minor, or if widowedand a minor;(ii)an unmarried minor brother or sister or a widowedminor sister;(iii)a widowed daughter-in-law;(iv)a minor child of a pre-deceased son.

10 (v)a minor child of a pre-deceased daughter whereno father of the child is alive;(vi)a parent; or(vii)a grandparent if no parent of the insuredperson is alive; and(c)(Deleted by Act A814),Provided that the Minister may give such direction as appearsto him to be necessary for the removal of hardship to any otherrelative of a deceased insured person including an invalidwidower; Page 12 Monday, March 27, 2006 11:02 AMEmployees SOCIAL Security13(4) duly appointed means appointed in accordance with thisAct or with the rules or regulations made;(5) employee means any person who is employed for wagesunder a contract of service or apprenticeship with an employer,whether the contract is expressed or implied or is oral or inwriting, on or in connection with the work of an industry to whichthis Act applies and (i)who is directly employed by the principal employer onany work of, or incidental or preliminary to or connectedwith the work of, the industry, whether such work isdone by the employee on the premises of the industryor elsewhere.