Employment Law
LAWS OF MALAYSIA
REPRINT
Act 265
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
2
Laws of Malaysia
ACT 265
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
3
PART I PRELIMINARY
Section
1. 2.
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
4
`Section
Laws of Malaysia
ACT 265
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
REPRINT
Act 265
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
2
Laws of Malaysia
ACT 265
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
3
PART I PRELIMINARY
Section
1. 2.
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
4
`Section
Laws of Malaysia
ACT 265
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