LAWS OF MALAYSIA
WORKMEN’S COMPENSATION ACT 1952
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
WORKMEN’S COMPENSATION ACT 1952 First enacted ... ... ... ... … … 1952 (F.M. Ordinance No. 85 of 1952) 1982 (Act 273 w.e.f. 22 July 1982)
Revised ... ... ... ... ... ... ... ...
PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001
3 LAWS OF MALAYSIA Act 273 WORKMEN’S COMPENSATION ACT 1952 ARRANGEMENT OF SECTIONS
PART I INTERPRETATION AND APPLICATION 2. 3. Meaning of “workman” Interpretation
3A. Power to exempt
PART II WORKMEN’S COMPENSATION FOR INJURY 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Employer’s liability for compensation Compensation for occupational diseases Compensation limited to injuries received at work Persons entitled to compensation Amount of compensation Method of calculating earnings Distribution of compensation Compensation not to be assigned, attached or charged Notice and claim Notice to Commissioner by employer Medical examination and treatment Approved hospitals and special hospitals
Laws of Malaysia
16A. Power of review 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Commutation of half-monthly payments Workman leaving Malaysia to reside elsewhere Liability in case of workmen employed by contractors Remedies both against employer and stranger Bankruptcy of employer Special provisions relating to seamen Returns as to compensation Contracting out Commissioner may receive and pay to dependants money due to a dead workman from his employer Compulsory insurance by employer
P ART III THE COMMISSIONER AND ARBITRATORS 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Commissioners to hold inquiries Recording of agreements Effect of failure to record an agreement Arbitrator to decide when parties fail to agree Agreement to be free of stamp duty Appearance of parties Experts to assist Arbitrator Enquiry by Arbitrator Powers of the Commissioner and of an Arbitrator Arbitrator’s order to be sent to Commissioner Costs Power to submit cases Appeal from Arbitrator Enforcement of orders and agreements Limitation of workman’s right of action
42. 43. 44.
Reciprocal arrangements for payment of workman’s compensation. Regulations Repeal FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE
Laws of Malaysia
Workmen’s Compensation LAWS OF MALAYSIA Act 273 WORKMEN’S COMPENSATION ACT 1952
An Act to provide for the payment of compensation to workmen for injury suffered in the course of their employment. [Peninsular Malaysia—1 April 1953, L.N. 162/1953; Sabah and Sarawak—1 June 1981, P.U. (A) 157/1981] Short title 1. This Act may be cited as the Workmen’s Compensation Act 1952. PART I INTERPRETATION AND APPLICATION
Meaning of “workman” 2. (1) In this Act, unless the context otherwise requires, the expression “workman”, subject to the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period: Provided that the following persons are excepted from the definition of “workman”— (a) any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month;
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(b) a person whose employment is of casual nature and who is employed otherwise than for...