Arrangement of Provisions

PART I

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

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

19 Offence

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

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.

34 Offence.

PART IV

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

43 Annual leave.

44

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

52 Power to suspend application of Part IV.

53 Offence.

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.

61 Offence.

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

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 Juvenile Court in respect of children or young persons requiring care or protection.

PART IX

MATERNITY PROTECTION AND BENEFITS AND CHILDCARE LEAVE FOR PARENT

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 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 Claim from one employer only.

86 Contracting out.

87 Offence.

87A Childcare leave for parent

PART X

HOLIDAY AND SICK LEAVE ENTITLEMENTS

88 Holidays

89 Sick leave

PART XI

PART XII

REGISTERS, RETURNS AND OTHER DOCUMENTARY REQUIREMENTS

95 Register of employees.

96 Record of workmen.

97 Returns.

98 Commissioner may call for further returns.

99 Power to call for returns, books, etc.

100

101 Offence.

102 Returns not to be published or disclosed.

PART XIII

INSPECTION AND ENQUIRY

103 Powers of Commissioner and inspecting officers

104 Notice to employer by Commissioner or inspecting officer of inspection or visit.

105

106 Inspecting officer not to reveal secrets.

107 Offence

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

112 Penalties.

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

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 requisitions and 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.

FIRST SCHEDULE

WORKMEN

SECOND SCHEDULE

REGISTRATION FEE

THIRD SCHEDULE

CALCULATION OF GROSS AND BASIC RATES OF PAY OF AN EMPLOYEE EMPLOYED ON A MONTHLY RATE OR ON PIECE RATES

LEGISLATION HISTORY