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EMPLOYMENT ACT 1955

EMPLOYMENT ACT 1955. CHAPTER EIGHT. 8. AS A LEGAL LAW PRESCRIBED FOR REFERENCE IN EMPLOYMENT. CONTENT. PART I : Preliminary PART II : Contracts of Service PART III : Payment of Wages PART IV : Deduction from Wages PART V : Relating to the truck system PART VI : Priority of Wages

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EMPLOYMENT ACT 1955

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  1. EMPLOYMENT ACT 1955 CHAPTER EIGHT 8 AS A LEGAL LAW PRESCRIBED FOR REFERENCE IN EMPLOYMENT

  2. CONTENT • PART I : Preliminary • PART II : Contracts of Service • PART III : Payment of Wages • PART IV : Deduction from Wages • PART V : Relating to the truck system • PART VI : Priority of Wages • PART VII : Contractors & Principals • PART VIII : Employment of Women

  3. Cont… • PART IX : Maternity Protection • PART X : Employment of Children & Young Person • PART XI : Domestic servant • PART XII : Rest days, Hours of work, holidays & other condition of service • PART XIIA : Termination, Lay-off & Retirement Benefits • PART XIIB : Employment of Foreign Employees

  4. Cont… • PART XIII : Registers, Returns, & Notice Boards • PART XIV : Inspection • PART XV : Complaints & Inquiries • PART XVI : Procedure • PART XVII : Offences & Penalties • PART XVIII : Regulations • PART XIX : Repeal & Saving

  5. CONTENT’S DETAILS…. • PART I : Preliminary All about the definitions, terms, appointment of officers, effect of written law.

  6. PART II : Contracts of Service • S6-7 : refers to the contract, agreement • S8 : Not to restrict right of employees in trade unions • S10 : In writing, + termination • S11- 12 : Termination, notice of termination • 4 weeks : e’yee less than 2 years • 6 weeks : e’yee ; 2 – 5 years • 8 weeks : e’yee 5 years & above

  7. Contracts of Service • S13 : Termination without notice • Sum equal to the amount of accrued wages • S14 : Termination with valid reason • S15 : Breach of Contract if fails in Part III • Etc…. • Penalty : s 99A : not exceeding RM10k

  8. PART III : Payment of Wages • S18 : wage period (not exceeding one month) • S19 : time of payment (within 7 days) • S20 : payment on normal termination • S21 : termination on special circumstances or breach of contract • Etc…

  9. PART IV : Deduction from Wages • Refers to the lawful deduction, restriction in deductions PART V : Relating to the truck system Baca la sendiri… PART VI : Priority of Wages Baca la sendiri erk..

  10. PART VII : Contractors & Principals Baca la sendiri.. • PART VIII : Employment of Women Night work, underground work etc.

  11. PART IX : Maternity Protection • S37 : Entitle for not less 60 days plus the maternity allowance (employed in 4 months) or (not less 90 days) • Entitle to maternity leave but not the allowance can commence work anytime during the eligible period • Not earlier than 30 days before or one days later of the confinement (with condition) • Can extend until 90 days after expiration of eligible period

  12. Maternity Protection • Ordinary rate pay for leave (at least RM 6) • Payment allowances to the nominee • Need to notify the employer • Employer cannot dismiss the employee under maternity leave • Only for first 5 babies • S 94 : the amount due for the eligible rate

  13. PART XII : Rest days, Hours of work, holidays & other condition of service • All about the rest day, work on the rest day, hours of work, task work, shift work, holiday, annual leave, sick leave, etc… • S99 : General penalty

  14. PART XIIA : Termination, Lay-off & Retirement Benefits • To pay the termination benefits based from the grade, class, categories

  15. Employment (Termination & Lay Off Benefits) Regulations 1980 • Employee less than 2 years – • 10 days wages for every year of employment • Employee 2 – 5 years – • 15 days wages for every year of employment • Employee 5 years and above • 20 days wages for every year of employment

  16. PART XIIB : Employment of Foreign Employees • S60K : to furnish the information • S60L : no discrimination among local e’yee • S60M : Prohibition to terminate local for foreign e’yee • etc

  17. PART XIII : Registers, Returns, & Notice Boards • PART XIV : Inspection • PART XV : Complaints & Inquiries • PART XVI : Procedure • PART XVII : Offences & Penalties • PART XVIII : Regulations • PART XIX : Repeal & Saving

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