EMPLOYMENT ACT 1955
RRANGEMENT OF SECTIONS

PART I
PRELIMINARY


Section

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

PART II
CONTRACTS OF SERVICE


6. Saving of existing contracts
7. 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. Contracts of service not to restrict rights of employees to join, participate in or organize trade unions
9. (Deleted)
10. Contracts to be in writing and to include provision for termination
11. Provision as to termination of contracts
12. Notice of termination of contract
13. Termination of contract without notice
14. Termination of contract for special reasons
15. When contract is deemed to be broken by employer and employee
16. Employees on estates to be provided with minimum number of days’ work in each month
17. (Omitted)
17A. Apprenticeship contracts excluded from sections 10 to 16

PART III
PAYMENT OF WAGES


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

PART IV
DEDUCTIONS FROM WAGES


24. Lawful deductions

PART V
SYSTEM OF PAYMENT OF WAGES


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

PART VI
PRIORITY OF WAGES


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

PART VII
CONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR


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

PART VIII
EMPLOYMENT OF WOMEN


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

PART IX
MATERNITY PROTECTION


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

PART X
EMPLOYMENT OF CHILDREN AND YOUNG PERSONS


45-56. (Deleted)

PART XI
DOMESTIC SERVANTS


57. Termination of contract
57A. Employment of foreign domestic servant
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


58. (Omitted)
58A. Non-application of Part XII
59. Rest day
60. Work on rest day
60A. Hours of work
60B. Task work
60C. Shift work
60D. Holidays
60E. Annual leave
60F. Sick leave
60G. (Omitted)
60H. (Omitted)
60I. Interpretation

PART XIIA
TERMINATION, LAY-OFF, AND RETIREMENT BENEFITS


60J. Termination, lay-off and retirement benefits

PART XIIB
EMPLOYMENT OF FOREIGN EMPLOYEES


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

PART XIII
REGISTERS, RETURNS AND NOTICE BOARDS


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

PART XIV
INSPECTION


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

PART XV
COMPLAINTS AND INQUIRIES


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

PART XVA
SEXUAL HARASSMENT


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

PART XVI
PROCEDURE


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

PART XVII
OFFENCES AND PENALTIES


91. Under Parts III and IV
92. Under Part V
93. Under Part VIII
94. Under Part IX
95. (Deleted)
96. (Deleted)
97. Under Part XIII
98. Under Part XIV
99. Under Part XV
99A. General Penalty
100. Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave
101. Offence in connection with inquiry or inspection
101A. Power to compound offences
101B. Offence by body corporate, etc.

PART XVIII
REGULATIONS


102. Regulations

PART XIX
REPEAL AND SAVING


103. Repeal and saving