CHAPTER EIGHT 8 EMPLOYMENT ACT 1955 AS A LEGAL LAW PRESCRIBED FOR REFERENCE IN EMPLOYMENT 1 CONTENT PART PART PART PART PART PART PART PART I : Preliminary II : Contracts of Service III : Payment of Wages IV : Deduction from Wages V : Relating to the truck system VI : Priority of Wages VII : Contractors & Principals VIII : Employment of Women 2 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 3 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 4 CONTENT’S DETAILS…. PART I : Preliminary All about the definitions, terms, appointment of officers, effect of written law. 5 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 6 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 7 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… 8 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.. 9 PART VII : Contractors & Principals Baca la sendiri.. PART VIII : Employment of Women Night work, underground work etc. 10 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 11 period 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 12 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 13 PART XIIA : Termination, Lay-off & Retirement Benefits To pay the termination benefits based from the grade, class, categories 14 Employment (Termination & Lay Off Benefits) Regulations 1980 Employee less than 2 years – Employee 2 – 5 years – 10 days wages for every year of employment 15 days wages for every year of employment Employee 5 years and above 20 days wages for every year of employment 15 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 16 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 17