EMPLOYMENT ACT 1955
Incorporating all amendments up to 1 January 2006
PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006
Laws of Malaysia
EMPLOYMENT ACT 1955 First enacted … Revised … … … … … … … … … 1955 (F.M. Ordinance No. 38 of 1955) 1981 (Act 265 w.e.f. 18 February 1982)
PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1975 2001
Employment LAWS OF MALAYSIA Act 265 EMPLOYMENT ACT 1955
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
Short title and application Interpretation
2A. Minister may prohibit employment other than under contract of service 2B. General power to exempt or exclude 3. 4. 5. Appointment of officers Appeals Effect on Act of other written laws PART II CONTRACTS OF SERVICE 6. 7. Saving of existing contracts 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. 9. 10. 11. Contracts of service not to restrict rights of employees to join, participate in or organize trade unions (Deleted) Contracts to be in writing and to include provision for termination Provision as to termination of contracts
Laws of Malaysia
12. 13. 14. 15. 16. 17.
Notice of termination of contract Termination of contract without notice Termination of contract for special reasons When contract is deemed to be broken by employer and employee Employees on estates to be provided with minimum number of days’ work in each month (Omitted)
17A. Apprenticeship contracts excluded from sections 10 to 16 P ART III PAYMENT OF WAGES 18. 19. 20. 21. 22. 23. Wage period Time of payment of wages Payment on normal termination of contract Payment on termination of contract in special circumstances and on breach of contract Limitation on advances to employees Wages not due for absence from work through imprisonment or attendance in court PART IV DEDUCTIONS FROM WAGES 24. Lawful deductions PART V RELATING TO THE TRUCK SYSTEM 25. 26. 27. 28. 29. 30. Wages to be paid in legal tender Conditions restricting place at which, manner in which and person with whom wages paid to be spent, illegal Interest on advances forbidden Restriction on places at which wages may be paid Remuneration other than wages (Deleted)
25A. Payment of wages through bank
PART VI PRIORITY OF WAGES
Priority of wages over other debts Reference by the court to Director General PART VII CONTRACTORS AND PRINCIPALS
Liability of principals and contractors for wages PART VIII EMPLOYMENT OF WOMEN
34. 35. 36.
Prohibition of night work Prohibition of underground work Prohibition of employment by Minister PART IX MATERNITY PROTECTION
37. 38. 39. 40. 41. 42. 43. 44.
Length of eligible period and entitlement to maternity allowance Payment of maternity allowance Payment of allowance to nominee on death of female employee Loss of maternity allowance for failure to notify employer Payment of allowance to nominee Restriction on dismissal of female employee after eligible period Conditions contrary to Part void Register of allowances paid
44 A. (Omitted) PART X EMPLOYMENT OF CHILDREN AND YOUNG PERSONS 45-56. (Deleted) PART XI DOMESTIC SERVANTS 57. Termination of contract
Laws of Malaysia
REST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONS OF SERVICE Section
58. 58A. 59. 60. 60A. 60B. 60C. 60D. 60E. 60 F. 60G. 60H. 60 I.
(Omitted) Non-application of Part XII Rest day Work on rest day Hours of work Task work Shift work Holidays Annual leave Sick leave (Omitted) (Omitted) Interpretation PART XII A TERMINATION, LAY-OFF, AND RETIREMENT BENEFITS