Malaysian Labour Law
3. Director of Labour and other officers.
(1) The Minister may appoint an officer to be styled the Director of Labour, hereinafter referred to as the 'Director'.
Minister may appoint, to such number as he considers necessary for carrying
out the provisions of this Ordinance, officers of the following categories,
that is to say:
(b) Senior Assistant Directors of Labour;
(c) Assistant Directors of Labour; and
(d) Labour Officers and such other Officers.
(1B) Subject to such limitations, if any, as may be prescribed by rules made under this Ordinance, any officer appointed under subsection (1A) shall perform all the duties imposed and may exercise all the powers conferred upon the Director by this Ordinance, and every duty so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Ordinance.
(2) Any person affected by any decision or order, other than an order under Chapter IIA, given or made by an officer appointed under subsection (1A) may, if he is dissatisfied with such decision or order, within fourteen days of such decision or order being communicated to him, appeal in writing therefrom to the Director.
(3) If any employer is dissatisfied with any decision or order made or given by the Director either original or by virtue of subsection (2), he may appeal from such decision or order to the Minister within fourteen days of the date of such decision or order being communicated to him.
3A. Officers to be authorized by Director
An officer appointed under subsection (1A) of section 3 shall not exercise any of the powers of the Director under this Ordinance unless he is in possession of an official identification signed by the Director authorizing him to exercise such powers, and any officer so authorized shall produce his official identification on demand to the owner or occupier of the place of employment and to the employer of any employee employed thereat.
4. Powers of Inspection and Inquiry.
Director shall have power to enter without prior notice at all times any
place of employment where employees are employed or where he has reasonable
grounds for believing that employees are employed and to inspect any building
occupied or used for any purpose connected with such employment and to
make any inquiry which he considers necessary in relation to any matter
within the provisions of this Ordinance.
(a) the Director may put questions concerning the employees to the employer or to any person who may be in charge of them, or to the employees themselves or any other person whom he believes to be acquainted with the facts and circumstances of any matter within the provisions of this Ordinance;
(b) the employer or such person, or any such employee, or any such other person shall be legally bound to answer such questions truly to the best of his ability;
(c) a statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish; and
(d) any statement made and recorded under this section shall be admissible as evidence in any proceedings in court.
(2) If the Director has reasonable ground for suspecting that any offence has been committed against an employee, and whenever any complaint of personal ill-usage or breach of any of the provisions of this Ordinance is made to the Director, the Director may forthwith remove, or cause to be removed, such employee from the place of employment where he is employed for further enquiry into the matter.
(3) The Director may by order in writing require any employer to take within such reasonable time as the Director may determine such steps as he considers necessary with a view to remedying defects observed in plant, layout, working methods, supervision, medical or sanitary provision or other matters at any place of employment which he may have reasonable cause to believe constitute a threat to the health or safety of the employees.
5. Accidents to be notified.
- Repealed -
(1) The Director may -
(a) require the employer to produce before him all or any of the employees employed by him together with any contracts of service, books of account of wages, registers and other documents relating to the employees or their employment and to answer such questions in respect of the employees or their employment as he may think fit to ask;
(b) take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes;
(c) copy or make extracts from the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment;
(d) take possession of the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment where, in his opinion -
(i) the inspection, copying or the making of extracts from the contracts of service, books of account of wages, registers or other documents cannot reasonably be undertaken without taking possession of them;
(ii) the contracts of service, books of account of wages, registers or other documents may be interfered with or destroyed unless he takes possession of them; or
(iii) the contracts of service, books of account of wages, registers or other documents may be needed as evidence in any legal proceedings under this Ordinance.
(2) Notwithstanding paragraph (a) of sub-section (1), no employee shall be required to leave or to cease from performing any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried on by his employer.
(1) Whenever the Director has reasonable grounds for suspicion that any offence under this Ordinance or any rule made hereunder has been committed or is about to be committed or wishes to enquire into any matter concerning terms and conditions of employment or any other matter relating to employer and employees dealt with under the provisions of this Ordinance or any rules made thereunder, or whenever any person complaints to the Director of any breach of any provision of this Ordinance, the Director may summon any person whom he has reason to believe can give information respecting the subject matter of the enquiry and the person so summoned shall be legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Director may put to him.
(1A) The Director may issue to the employer such order as may be necessary or expedient to resolve the matters dealt with under subsection (1).
(2) If the Director is of opinion that an offence has been committed or that any complaint is well founded he may institute such criminal proceedings as he shall deem necessary in the circumstances.
(3) A summons issued under this section shall be in such forms as may be prescribed.
- Repealed -