Employment Act 1955 - International Labour Organization

1 LAWS OF MALAYSIAREPRINTAct 265 Employment ACT 1955 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD2006 Laws of Malaysia2 ACT 265 Employment ACT 1955 First enacted ..1955 ( OrdinanceNo. 38 of 1955) ..1981 (Act 265 February 1982)PREVIOUS REPRINTSF irst ..1975 Second ..2001 Employment3 LAWS OF MALAYSIAAct 265 Employment ACT 1955 ARRANGEMENT OF SECTIONSPART title and Minister may prohibit Employment other than under contract of service2B. General power to exempt or of on Act of other written lawsPART IICONTRACTS OF of existing favourable conditions of service under the Act to prevail7A.

2 Validity of any term or condition of service which is more favourable7B. Removal of doubt in respect of matters not provided for by or underthis of service not to restrict rights of employees to join, participatein or organize trade unions9.(Deleted) to be in writing and to include provision for as to termination of contractsLaws of Malaysia4 ACT of termination of of contract without of contract for special contract is deemed to be broken by employer and on estates to be provided with minimum number of days work in each month17.(Omitted)17A. Apprenticeship contracts excluded from sections 10 to 16 PART IIIPAYMENT OF of payment of on normal termination of on termination of contract in special circumstances and onbreach of on advances to not due for absence from work through imprisonment orattendance in courtPART IVDEDUCTIONS FROM deductionsPART VRELATING TO THE TRUCK to be paid in legal tender25A.

3 Payment of wages through restricting place at which, manner in which and person withwhom wages paid to be spent, on advances on places at which wages may be other than wages30.(Deleted)`SectionEmployment5 PART VIPRIORITY OF of wages over other by the court to Director GeneralPART VIICONTRACTORS AND of principals and contractors for wagesPART VIIIEMPLOYMENT OF of night of underground of Employment by MinisterPART IXMATERNITY of eligible period and entitlement to maternity of maternity of allowance to nominee on death of female of maternity allowance for failure to notify of allowance to on dismissal of female employee after eligible contrary to Part of allowances paid44A.

4 (Omitted)PART XEMPLOYMENT OF CHILDREN AND YOUNG PERSONS45-56. (Deleted)PART XIDOMESTIC of contractLaws of Malaysia6 ACT 265 PART XIIREST DAYS, HOURS OF WORK, HOLIDAYS AND OTHERCONDITIONS OF SERVICES ection58.(Omitted)58A. Non-application of Part on rest day60A. Hours of work60B. Task work60C. Shift work60D. Holidays60E. Annual leave60F. Sick leave60G. (Omitted)60H. (Omitted)60I. InterpretationPART XIIATERMINATION, LAY-OFF, AND RETIREMENT BENEFITS60J. Termination, lay-off and retirement benefitsPART XIIBEMPLOYMENT OF FOREIGN EMPLOYEES60K. Duty to furnish information and returns60L. Director General may inquire into complaint60M. Prohibition on termination of local for foreign employee60N.

5 Termination of Employment by reason of redundancy60O. Permanent resident exempted from this PartPART XIIIREGISTERS, RETURNS AND NOTICE to keep to make regulations requiring information as to to submit returns63A. Duty to give notice and other to display notice boardsEmployment7 PART of inspection and officer to notify of inspecting to be authorized by the Director GeneralPART XVCOMPLAINTS AND General s power to inquire into complaints69A. Limitation on power conferred by section 6969B. Additional powers of Director General to inquire into complaints69C. Claims for indemnity for termination of contract without notice69D. order of Director General may be in writing69E.

6 Penalty for in Director General s General s record of of several complaints in one order by Director General to third fees for summons: service of of Director General s order by Sessions by Director General to High Court on point of against Director General s order to High s remedy when employer about to of Director General to investigate possible offences under on summons by the Director of employee to appear before the Director GeneralPART of summons issued under Part to make reciprocal provisions between Malaysia and Singaporefor the service, execution and enforcement of summonses, warrants andordersLaws of Malaysia8 ACT Right of clause as to civil jurisdiction of of court imposing of of Director General hearing acting under Act deemed public servantsPART XVIIOFFENCES AND Parts III and Part Part Part IX95.

7 (Deleted)96.(Deleted) Part Part Part XV99A. General for failure or non-compliance in relation to rest days, overtime,holidays, annual leave, and sick in connection with inquiry or inspection101A. Power to compound offencesPART XIXREPEAL AND and savingFIRST SCHEDULESECOND SCHEDULES ectionEmployment9 LAWS OF MALAYSIAAct 265 Employment ACT 1955An Act relating to Employment .[Peninsular Malaysia 1 June 1957, 228/1957;Federal Territory of Labuan 1 November 2000, (A) 400/2000]PART IPRELIMINARYS hort title and application1.(1) This Act may be cited as the Employment Act 1955.(2) This Act shall apply to *Peninsular Malaysia (1) In this Act, unless the context otherwise requires agricultural undertaking means any work in which any employeeis employed under a contract of service for the purposes of agriculture,horticulture or silviculture, the tending of domestic animals andpoultry or the collection of the produce of any plants or trees; apprenticeship contract means a written contract entered intoby a person with an employer who undertakes to employ theperson and train or have him trained systematically for a trade fora specified period which shall not be less than two years in thecourse of which the apprentice is bound to work in the employer sservice.

8 *NOTE This Act has been extended to the Federal Territory of Labuan see subsection 1(2) ofthe Federal Territory of Labuan (Extension and Modification of Employment Act) order 2000 [ (A) 400/2000] 1 November of Malaysia10 ACT 265 approved amenity or approved service means any amenity orservice (a)approved by the Director General under subsection 29(2)on application made to him by an employer for its inclusionin a contract of service; or(b)provided for in any award made by the Industrial Courtor in any collective agreement; approved incentive payment scheme means an incentive paymentscheme approved by the Director General under, and for the purposesof, section 60I; collective agreement has the same meaning assigned theretoin the Industrial Relations Act 1967 [Act 177]; 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 purposes of this Actcommence and end on the actual day of birth and where two ormore children are born at one confinement shall commence andend on the day of the birth of the last-born of such children, andthe word confined shall be construed accordingly.

9 Constructional contractor means any person, firm, corporationor company who or which is established for the purpose ofundertaking, either exclusively or in addition to or in conjunctionwith any other business, any type of constructional work, and whoor which is carrying out such constructional work for or on behalfof some other person under a contract entered into by him or themwith such other person, and includes his or their heirs, executors,administrators, assigns and successors; constructional work includes the construction, reconstruction,maintenance, repair, alteration or demolition of any building, railway,harbour, dock, pier, canal, inland waterway, road, tunnel, bridge,viaduct, sewer, drain, well, dredge, wireless, telegraphic or telephonicinstallation, electrical undertaking, gaswork, waterwork or otherwork of construction, as well as the preparation for, or the layingof, the foundations of any such work or structure, and also anyearthworks both in excavation and in filling.

10 Contract of service means any agreement, whether oral or inwriting and whether express or implied, whereby one person agreesEmployment11to employ another as an employee and that other agrees to servehis employer as an employee and includes an apprenticeshipcontract; contractor means any person who contracts with a principalto carry out the whole or any part of any work undertaken by theprincipal in the course of or for the purposes of the principal strade or business; day means (a)a continuous period of twenty-four hours beginning atmidnight; or(b)for the purposes of Part XII in respect of an employeeengaged in shift work or in work where the normal hoursof work extend beyond midnight, a continuous period oftwenty-four hours beginning at any point of time; Director General means the Director General of Labourappointed under subsection 3(1); domestic servant means a person employed in connectionwith the work of a private dwelling-house and not in connectionwith any trade, business, or profession carried on by the employerin such dwelling-house and includes a cook, house-servant, butler,child s nurse, valet, footman, gardener, washerman or washerwoman,watchman, groom and driver or cleaner of any vehicle licensed forprivate use.