Labour Department
Short Writeup
This department deals with matters concerning the management of the labour force. It oversees the welfare of workers below the level of Senior Management in all enterprises by implementing and enforcing the labour laws of the country. Its officers have investigative powers and also hold enquiries into complaints of workers. They can also check the statutory books that all employers are bound to keep.
Malaysian Labour Laws are on par with those of developed countries and contain the machinery to enforce these Laws.
Departments & Agencies
Kementerian Sumber Manusia/Ministry of Human Resources
Effects of non-Compliance
Duty to keep registers.
(1) Every employer shall prepare and keep one or more registers containing such information regarding each employee employed by him as may be prescribed by regulations made under the Employment Act.
(2) Every such register shall be preserved for such period that every particular recorded therein shall be available for inspection for not less than 6 years after the recording thereof. (Section 61).
General penalty
Any person who commits any offence under, or contravenes any provision of, the Act or any regulations, order or other subsidiary legislation whatsoever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding RM10,000. (Section 99A).
Notice of termination of contract
(1) Either party to a contract service may at any time give to the other party notice of his intention to terminate such contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than:-
(a) (4) four weeks’ notice if the employee has been so employed for less than two (2) years or more but less than five years on such date;
(b) six weeks’ notice if he has been so employed for two (2) years or more but less than five (5) years on such date;
(c) eight (8) weeks’ notice if he has been so employed for five (5) years or more on such date;
Provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection.
Time of Payment of Wages
Every employer shall pay to each of his employees no later than the seventh day after the day of any wage period the wages, less lawful deductions, earned by such employee.
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