Employment act 1955 (Act 265) & regulations : (As at 15th January 2002) / Compiled by Legal Research Board

Contents:
PART I - PRELIMINARY
1. Short title and application.
2. Interpretation.
2A. Minister may prohibit employment other than under contract of service.
2B. General power to exempt or exclude.
3. Appointment of officers.
4. Appeals.
5. Effect on Act of other written laws.

PART II - CONTRACTS OF SERVICE
6. Saving of existing contracts.
7. More favourable conditions of service under the Act to prevail.
7A. Validity of any term or condition of service which is more favourable.
7B. Removal of doubt in respect of matters not provided for by or under this Act.
8. Contracts of service not to restrict rights of employees to join, participate in or organize trade unions.
9. (Repealed).
10. Contracts to be in writing and to include provision for termination.
11. Provision as to termination of contracts.
12. Notice of termination of contract.
13. Termination of contract without notice.
14. Termination of contract for special reasons.
15. When contract is deemed to be broken by employer and employee.
16. Employees on estates to be provided with minimum number of days' work in each month.
17. (Omitted).
17A. Apprenticeship contracts excluded from sections 10 to 16.

PART III -PAYMENT OF WAGES
18. Wage period.
19. Time of payment of wages.
20. Payment on normal termination of contract.
21. Payment on termination of contract in special circumstances and on breach of contract.
22. Limitation on advances to employees.
23. Wages not due for absence from work through imprisonment or attendance in court.

PART IV - DEDUCTIONS FROM WAGES
23. Lawful deductions.

PART V - RELATING TO THE TRUCK SYSTEM
25. Wages to be paid in legal tender.
25A. Payment of wages through bank.
26. Conditions restricting place at which, manner in which and person with whom wages paid to be spent, illegal.
27. Interest on advances forbidden.
28. Restriction on places at which wages may be paid.
29. Remuneration other than wages.
30. Deleted.


PART VI - PRIORITY OF WAGES
31. Priority of wages over other debts.
32. Reference by the court to Director General.

PART VII - CONTRACTORS AND PRINCIPALS
33. Liability of principals and contractors for wages.

PART VIII - EMPLOYMENT OF WOMEN
34. Prohibition of night work.
35. Prohibition of underground work.
36. Prohibition of employment by Minister.

PART IX - MATERNITY PROTECTION
37. Length of eligible period and entitlement to maternity allowance.
38. Payment of maternity allowance.
39. Payment of allowance to nominee on death of female employee.
40. Loss of maternity allowance for failure to notify employer.
41. Payment of allowance to nominee.
42. Restriction on dismissal of female employee after eligible period.
43. Conditions contrary to Part void.
44. Register of allowances paid.
44A. (Omitted).

PART X - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
45-56. (Repealed).
PART XI - DOMESTIC SERVANTS
57. Termination of contract.

PART XII - REST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONS OF SERVICE
58. (Omitted).
58A. Non-application of Part XII.
59. Rest day.
60. Work on rest day.
60A. Hours of work.
60B. Task work.
60C. Shift work.
60D. Holidays.
60E. Annual leave.
60 F. Sick leave.
60G. (Omitted).
60H. (Omitted).
60I. Interpretation.

PART XIIA - TERMINATION, LAY-OFF, AND RETIREMENT BENEFITS
60J. Termination, lay-off and retirement benefits.

PART XIIB - EMPLOYMENT OF FOREIGN EMPLOYEES
60K. Duty to furnish information and returns.
60L. Director General may inquire into complaint.
60M. Prohibition on termination of local for foreign employee.
60N. Termination of employment by reason of redundancy.
60O. Permanent resident exempted from this Part.

PART XIII - REGISTERS, RETURNS AND NOTICE BOARDS
61. Duty to keep registers.
62. Power to make regulations requiring information as to wages.
63 . Duty to submit returns.
63A. Duty to give notice and other information.
64. Duty to display notice boards.

PART XIV - INSPECTION
65. Powers of inspection and inquiry.
66. Inspecting officer to notify presence.
67. Powers of inspecting officers.
68. Officers to be authorized by the Director General.

PART XV - COMPLAINTS AND INQUIRIES
69. Director General's power to inquire into complaints.
69A. Limitation on power conferred by section 69.
69B. Additional powers of Director General to inquire into complaints.
69C. Claims for indemnity for termination of contract without notice.
69D. Order of Director General may be in writing.
69E. Penalty for offence.
70. Procedure in Director General's inquiry.
71. Director General's record of inquiry.
72. Joinder of several complaints in one complaint.
73. Prohibitory order by Director General to third party.
74. No fees for summons: service of summons.
75. Enforcement of Director General's order by Sessions Court.
76. Submission by Director General to High Court of point of law.
77. Appeal against Director General's order to High Court.
78. Employee's remedy when employer about to abscond.
79. Powers of Director General to investigate possible offences under this Act.
80. Examination on summons by the Director General.
81. Right of employee to appear before the Director General.

PART XVI - PROCEDURE
82. Service of summons issued under Part XV.
83. Power to make reciprocal provisions between Malaysia and Singapore for the service, execution and enforcement of summonses, warrants and orders.
84. Jurisdiction.
85. Prosecution.
85A. Right of audience.
86. Saving clause as to civil jurisdiction of courts.
87. Power of court imposing fine.
88. Effect of imprisonment.
89. Incapacity of Director General hearing inquiry.
90. Officers acting under Act deemed public servants.

PART XVII - OFFENCES AND PENALTIES
91. Under Parts III and IV.
92. Under Part V.
93. Under Part VIII.
94. Under Part IX.
95. (Repealed).
96. (Repealed).
97. Under Part XIII.
98. Under Part XIV.
99. Under Part XV.
99A. General penalty.
100. Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave.
101. Offence in connection with inquiry or inspection.
101 A. Power to compound offences.

PART XVIII - REGULATIONS
102. Regulations.
PART XIX - REPEAL AND SAVING

103. Repeal and saving.
FIRST SCHEDULE.
SECOND SCHEDULE.