Employment Act 1955 [Act 265]   cite [+]

Preamble

PART I   PRELIMINARY

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

PART II   CONTRACTS OF SERVICE

1. 6. Saving of existing contracts
2. 7. More favourable conditions of service under the Act to prevail
3. 7A. Validity of any term or condition of service which is more favourable
4. 7B. Removal of doubt in respect of matters not provided for by or under this Act
5. 8. Contracts of service not to restrict rights of employees to join, participate in or organize trade unions
6. 9. (Deleted)
7. 10. Contracts to be in writing and to include provision for termination
8. 11. Provision as to termination of contracts
9. 12. Notice of termination of contract
10. 13. Termination of contract without notice
11. 14. Termination of contract for special reasons
12. 15. When contract is deemed to be broken by employer and employee
13. 16. Employees on estates to be provided with minimum number of days' work in each month
14. 17. (Omitted)
15. 17A. Apprenticeship contracts excluded from sections 10 to 16

PART III   PAYMENT OF WAGES

1. 18. Wage period
2. 19. Time of payment of wages
3. 20. Payment on normal termination of contract
4. 21. Payment on termination of contract in special circumstances and on breach of contract
5. 22. Limitation on advances to employees
6. 23. Wages not due for absence from work through imprisonment or attendance in court

PART IV   DEDUCTIONS FROM WAGES

1. 24. Lawful deductions

PART V   SYSTEM OF PAYMENT OF WAGES

1. 25. Wages to be paid through bank
2. 25A. Payment of wages other than through bank
3. 26. Conditions restricting place at which, manner in which and person with whom wages paid to be spent, illegal
4. 27. Interest on advances forbidden
5. 28. Restriction on places at which wages may be paid
6. 29. Remuneration other than wages
7. 30. (Deleted)

PART VI   PRIORITY OF WAGES

1. 31. Priority of wages over other debts
2. 32. Reference by the court to Director General

PART VII   CONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR

1. 33. Liability of principals and contractors for wages
2. 33A. Information relating to supply of employees

PART VIII   EMPLOYMENT OF WOMEN

1. 34. Prohibition of night work
2. 35. Prohibition of underground work
3. 36. Prohibition of employment by Minister

PART IX   MATERNITY PROTECTION

1. 37. Length of eligible period and entitlement to maternity allowance
2. 38. Payment of maternity allowance
3. 39. Payment of allowance to nominee on death of female employee
4. 40. Loss of maternity allowance for failure to notify employer
5. 41. Payment of allowance to nominee
6. 42. Restriction on dismissal of female employee after eligible period
7. 43. Conditions contrary to Part void
8. 44. Register of allowances paid
9. 44A. Application of this Part irrespective of wages of female employee

PART X   EMPLOYMENT OF CHILDREN AND YOUNG PERSONS

1. 45. (Deleted)
2. 46. (Deleted)
3. 47. (Deleted)
4. 48. (Deleted)
5. 49. (Deleted)
6. 50. (Deleted)
7. 51. (Deleted)
8. 52. (Deleted)
9. 53. (Deleted)
10. 54. (Deleted)
11. 55. (Deleted)
12. 56. (Deleted)

PART XI   DOMESTIC SERVANTS

1. 57. Termination of contract
2. 57A. Employment of foreign domestic servant
3. 57B. Duty to inform Director General of termination of service of foreign domestic servant

PART XII   REST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONS OF SERVICE

1. 58. (Omitted)
2. 58A. Non-application of Part XII
3. 59. Rest day
4. 60. Work on rest day
5. 60A. Hours of work
6. 60B. Task work
7. 60C. Shift work
8. 60D. Holidays
9. 60E. Annual leave
10. 60F. Sick leave
11. 60G. (Omitted)
12. 60H. (Omitted)
13. 60I. Interpretation

PART XIIA   TERMINATION, LAY-OFF, AND RETIREMENT BENEFITS

1. 60J. Termination, lay-off and retirement benefits

PART XIIB   EMPLOYMENT OF FOREIGN EMPLOYEES

1. 60K. Duty to furnish information and returns
2. 60L. Director General may inquire into complaint
3. 60M. Prohibition on termination of local for foreign employee
4. 60N. Termination of employment by reason of redundancy
5. 60O. Permanent resident exempted from this Part

PART XIII   REGISTERS, RETURNS AND NOTICE BOARDS

1. 61. Duty to keep registers
2. 62. Power to make regulations requiring information as to wages
3. 63. Duty to submit returns
4. 63A. Duty to give notice and other information
5. 64. Duty to display notice boards

PART XIV   INSPECTION

1. 65. Powers of inspection and inquiry
2. 66. Inspecting officer to notify presence
3. 67. Powers of inspecting officers
4. 68. Officers to be authorized by the Director General

PART XV   COMPLAINTS AND INQUIRIES

1. 69. Director General's power to inquire into complaints
2. 69A. Limitation on power conferred by section 69
3. 69B. Additional powers of Director General to inquire into complaints
4. 69C. Claims for indemnity for termination of contract without notice
5. 69D. Order of Director General may be in writing
6. 69E. Penalty for offence
7. 70. Procedure in Director General's inquiry
8. 71. Director General's record of inquiry
9. 72. Joinder of several complaints in one complaint
10. 73. Prohibitory order by Director General to third party
11. 74. No fees for summons: service of summons
12. 75. Enforcement of Director General's order by Sessions Court
13. 76. Submission by Director General to High Court on point of law
14. 77. Appeal against Director General's order to High Court
15. 78. Employee's remedy when employer about to abscond
16. 79. Powers of Director General to investigate possible offences under this Act
17. 80. Examination on summons by the Director General
18. 81. Right of employee to appear before Director General

PART XVA   SEXUAL HARASSMENT

1. 81A. Interpretation
2. 81B. Inquiry into complaints of sexual harassment
3. 81C. Findings of inquiry by employer
4. 81D. Complaints of sexual harassment made to the Director General
5. 81E. Effects of decisions of the Director General
6. 81F. Offence
7. 81G. Application of this Part irrespective of wages of employee

PART XVI   PROCEDURE

1. 82. Service of summons issued under Part XV
2. 83. Power to make reciprocal provisions between Malaysia and Singapore for the service, execution and enforcement of summonses, warrants and orders
3. 84. Jurisdiction
4. 85. Prosecution
5. 85A. Right of audience
6. 86. Saving clause as to civil jurisdiction of courts
7. 87. Power of court imposing fine
8. 88. Effect of imprisonment
9. 89. Incapacity of Director General hearing inquiry
10. 90. Officers acting under Act deemed public servants
11. 90A. Protection of officers

PART XVII   OFFENCES AND PENALTIES

1. 91. Under Parts III and IV
2. 92. Under Part V
3. 93. Under Part VIII
4. 94. Under Part IX
5. 95. (Deleted)
6. 96. (Deleted)
7. 97. Under Part XIII
8. 98. Under Part XIV
9. 99. Under Part XV
10. 99A. General penalty
11. 100. Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave
12. 101. Offence in connection with inquiry or inspection
13. 101A. Power to compound offences
14. 101B. Offence by body corporate, etc.

PART XVIII   OFFENCES AND PENALTIES

1. 102. Regulations

PART XIX   REPEAL AND SAVING

1. 103. Repeal and saving