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Employment Act 1955 [Act 265]

Part XVII

OFFENCES AND PENALTIES

91 Under Parts III and IV

Any employer who-

(a) fails to pay the wages or indemnity due to any employee within the time prescribed in sections 19, 20 and 21;

(b) makes to any employee any advance of wages in excess of that permitted under section 22; or

(c) makes deductions from the wages of an employee other than such deductions as are authorized by section 24,


commits an offence.

92 Under Part V

Any employer who-

(a) pays wages, imposes any conditions in a contract of service or makes any deduction or receives any payment in contravention of section 25, 25A, 26, 27 or 28; or

(b) provides any employee as part of the terms of his contract of service with any amenity or service, or any intoxicating liquor in contravention of section 29,

(c) (Deleted by Act A1026),


commits an offence.

93 Under Part VIII

An employer of a female employee commits an offence if the female employee is employed contrary to section 34, 35 or 36.

94 Under Part IX

Any employer who-

(a) fails to grant maternity leave to a female employee employed by him and entitled thereto under Part IX;

(b) fails to pay the maternity allowance to a female employee employed by him and entitled thereto under Part IX, or to her nominee, or to her personal legal representative;

(c) fails to pay maternity allowance in the manner prescribed in section 38; or

(d) contravenes section 42 or 44,


commits an offence, and shall also-

(aa) in the event of a conviction for an offence under paragraph (a), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she may be entitled under Part IX in respect of every day on which the female employee had worked during the eligible period referred to in paragraph 37(1)(a), the payment so ordered being in addition to the wages payable to her, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court; and

(bb) in the event of a conviction for an offence under paragraph (b), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she is entitled under Part IX, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

95 ............................

Section 95 deleted by *Act No. 40 of 1966.

*NOTE-The Children and Young Persons (Employment) Act 1966 [40 of 1966] has since been revised as the Children and Young Persons (Employment)Act 1966 [Act 350].

96 ............................

Section 96 deleted by *Act No. 40 of 1966.

*NOTE-The Children and Young Persons (Employment) Act 1966 [40 of 1966] has since been revised as the Children and Young Persons (Employment)Act 1966 [Act 350].

97 Under Part XIII

An employer who-

(a) fails to keep a register required under section 61, or to preserve the register for a period of not less than six years;

(b) destroys, alters or mutilates the register referred to in paragraph (a), or causes or permits the register to be destroyed, altered or mutilated;

(c) fails to comply with any regulations made under section 62;

(d) fails, without reasonable cause (proof of which shall lie on him), to forward to the Director General such returns as are prescribed under section 63 or forwards any of the returns knowing that it contains any false particulars; or

(e) being an owner of any estate, mine or factory to which section 64 applies, fails to comply with the requirements of the section,


commits an offence.

98 Under Part XIV

Any person who-

(a) refuses the Director General exercising his powers under Part XIV, access to any premises or part thereof;

(b) assaults, obstructs, hinders or delays the Director General in effecting any entrance into any premises or part thereof which he is entitled to effect;

(c) furnishes the Director General as true, information which he knows or has reason to believe to be false; or

(d) fails to produce, or conceals or attempts to conceal any document which he may be required to produce under Part XIV, or hinders or obstructs the Director General in effecting possession of the documents,


commits an offence.

99 Under Part XV

Any employer who prevents or attempts to prevent any employee from appearing before the Director General under Part XV commits an offence.

99A General penalty

Any person who commits any offence under, or contravenes any provision of, this Act, or any regulations, order, or other subsidiary legislation whatsoever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thousand ringgit.


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