马来西亚《雇员住房、住宿和福利最低标准法》
LAWS OF MALAYSIA REPRINT Act 446EMPLOYEES’ MINIMUM STANDARDS OF HOUSING,ACCOMMODATIONS ANDAMENITIES ACT1990 As at 1 February 2021
PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT19682021
EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMMODATIONS AND AMENITIES ACT 1990 ARRANGEMENT OF SECTIONS
PartIPRELIMINARYSection1. Short title, application and commencement2. Extent of application of Part II3. Interpretation4. Exemption
PartIIHOUSING AND OTHER AMENITIES5. Building to comply with requirements6. Supply of water and electricity and maintenance of houses7. Erection of building intended to be used for the housing of employees, as nursery or as community hall8. Building endangering health or safety9. Buildingnotoriginally built for the housing of employees10. Nursery11. Allotment of land12. Community hall, sports and other recreational facilities13. No rent or charge to be levied for benefits under this Part
PartIIIHEALTH, HOSPITAL, MEDICAL TREATMENT AND SANITATIONSection14. Definition of dependant15. Employer to construct and maintain estate hospital16. Payment and recovery of hospital expenses by employer17. Sick employees beingadmitted to a Government hospital18. Transportation of sick employees to hospital19. Medical treatment in estate on which a hospital is not maintained20. Duty to report suspected cases of infectious disease21. Duty of employer to segregate employee suffering from infectious disease22. Power of Medical Officer of Health to order immunization against infectious disease23. Weekly inspection of employees’ housing24. Onus of proof
PartIIIaACCOMMODATIONS24a . Application24b . Interpretation24c . Functions andpowersofDirector Generalinrelation toaccommodation24d . Accommodation to be certified with Certificate for Accommodation24e . Employer to give notice of occupation24f . Accommodation to comply with minimum standards24g . Deductionsin respectof rent or charge for accommodation24h . Accommodationtocomply with the laws of local authorities24i . Amenities24j . Dutiesand responsibilitiesin respect of safetyand health24k . Maintenance
Section24l . Appointmentof personin charge of accommodation24m . Notice to vacate accommodation24n . Employernotobligatedtoprovideaccommodationforemployees’dependants
PartIVREGULATIONS25. Regulations
PartVGENERAL PROVISIONS, APPEALS AND OFFENCES26. Minister may vest certain officers with power and duties26a . Power to issue directions27. Power of Director General, etc . to inspect, investigate and to issue summons28. Institution of prosecution28a . Compounding of offences28b . Protection against suits and legal proceedings29. Director General and officers deemed to be public servants 29a . Offence by company, etc .30. Appeals31. Failure to comply with order undersection 5, 8,12,15or1932. Failure to comply withsection 20 or 2133. General penalty
PartVIREPEAL AND SAVINGS34. Repeal and savings in respect thereofSchedule
LAWS OF MALAYSIA Act 446 EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMMODATIONS AND AMENITIES ACT 1990
AnActtoprescribetheminimumstandardsofhousingand nurseriesforemployeesandtheirdependants,accommodations foremployeesnotaccompaniedbydependantsandcentralized accommodations, to require employers to allot land for cultivation and grazing in a place of employment, to require employers to providehealth,hospital,medicalandsocialamenitiesandto provide for matters incidental thereto. BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan AgongwiththeadviceandconsentoftheDewanNegaraand Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
PartIPRELIMINARYShort title, application and commencement1.(1)ThisActmaybecitedasthe**Employees’Minimum Standards of Housing, Accommodations and Amenities Act1990.(2)This Act shall apply to Peninsular Malaysia and the Federal Territory of Labuan. NOTE —*This ActisapplicabletotheFederal Territoryof Labuan by paragraph4(b)of the Workers’ Minimum Standards of Housing and Amenities (Amendment) Act 2019 which comesinto operation on1 June 2020.**Previously known as the Workers’ Minimum Standards of Housing and Amenities Act1990. The short title is changed by paragraph 4(a) of Act A1604 .(3)This Act shall come into force on such date as the Minister may, by notification in theGazette appoint, and different dates maybeappointedfordifferentprovisionsofthisActandfor different States. Extent of application of Part II2.(1)Part II of this Act shall not apply to anyplace of employment orpartthereof,situatedwithintheareaofaCityCouncil,a Municipal Council or a Federal Territory.(2)Notwithstanding subsection (1), the Minister may, by order, declarethisActoranyprovisionthereoftobeapplicableto any placeof employmentor toanyspecifiedclassof placeof employment situated within the area of any Municipal Council.(3)Uponthecommencementofanyordermadeunder subsection (2), any written law in force in, such area relating to the control of erection of buildings shall, in respect of the said place of employment, cease to have effect. Interpretation3.In this Act, unless the context otherwise require —“building” means, in relation to Part II, any building used for the housing of employees and includes a nursery and a community hall;“contractofservice”meansanyagreement,whetheroralor in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other person agrees to serve his employer as an employee;“dependant” means the spouse, parent (including stepfather and stepmother), grandparent, child (including stepchild), brother and sister (including half-brother and half-sister and stepbrother and stepsister) of an employee, who is dependent on such employee, and includes —(a)as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and(b)as respects parents, the parents of an illegitimate child, and any person by whom the employee was adopted in accordance with any written law relating to adoption; “DirectorGeneral”meanstheDirectorGeneralofLabour appointedundersubsection3(1)oftheEmploymentAct1955 andincludesanyofficerwho,byvirtueofanorder made under section 26, is vested with all or any of the powers of the Director General; “District Engineer”, in respect of a district, means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public Works Department for that district and, for the purpose of subsection 27(1), includes anyofficerauthorizedinwritinginthat behalf bytheDistrict Engineer; “employee” has the meaning assigned to it in subsection 2(1) of the Employment Act1955; “employer” means —(a)any person who has entered into a contract of service to employ any other person as an employee and includes theagent, managerandfactorof suchfirst-mentioned person; or(b)where the owner or lessee (including the agent, manager and factor of such owner or lessee) of a place of employment (hereinafter referred to as “the first-mentioned person”) has entered into an agreement, whether oral or in writing and whether expressed or implied, with another person for the purpose of executing any work for or connected withany business, trade, operation or interest of such first-mentioned person, the term “employer” shall also include such first-mentioned person,andtheword“employ”,withitsgrammaticalvariationsand cognate expressions, shall be construed accordingly;“estate” means any agricultural land exceeding twenty hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected ortreated,oranymineoranyotherplaceofemploymentso declared by order of the Minister;“MedicalOfficer”meansaregisteredmedicalpractitioner who is employed in a medical capacity by the Federal or State Government;“Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time beingcarryingout thedutiesof a MedicalOfficerof Health in any area, district, or local authority area, and includes theDirectorGeneral,theDeputyDirectorGeneralofHealth, the Director of Health Services, any Deputy Director of Health Services, any State Director of Medical and Health Services and any State Deputy Director of Medical and Health Services, and for the purpose of subsection 27(1), includes any officer authorized in writing in that behalf by the Medical Officer of Health;“Minister” means the Minister charged with the responsibility for human resources;“place of employment” meansa place where work is carried on by or on behalf of or for an employer and shall include any place in which employees are housed by an employer;“registered medical practitioner” means a medical practitioner registered under the Medical Act1971;“resident manager”, in relation to an estate, means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed;“residentregisteredmedicalpractitioner”,inrelationtoan estate, means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed. Exemption4.TheMinistermaybyorderexemptfromalloranyofthe provisions of this Act any employer or class of employers or any building or class of buildings specified in the order.
PartIIHOUSING AND OTHER AMENITIESBuilding to comply with requirements5.(1)Exceptasprovidedinsubsection(2), no employershall house or cause or permit to be housed any employee employed byhimorbyanyotherperson(withwhomhehascontracted forthepurposeofexecutinganyworkfororconnectedwith his business, trade, operation or interest) in any building either owned by him or is within his possession or control which does notcomplywiththeprovisionsofthis Actoranyregulations made thereunder.(2)Any building which immediately before the commencement of this Act was used for the housing of employees or as a nursery orasacommunityhallbyanemployerandwaserectedor converted in accordance with the requirements of any written law in force at the time of its erection or conversion may continue to be used by such employer: Provided thatsuch building be converted to comply with the provisions of this Act or any regulations made thereunder.(3)Notwithstanding the provision in subsection (2), the Director General, upon application by an employer, may permit,subject to any condition as he may impose, such building to continue to be used without conversion for such period as he deems fit.(4)Pursuant to any investigation carried out on any place of employment,wheretheDirectorGeneralissatisfiedthatany building which immediately before or after the commencement of this Act was used for the housing of employees or their dependants or as a nursery or as a community hall does not comply with the provisionsof this Actoranyregulationsmadethereunder,the Director General may issue to the employer concerned a notice, of not less than three months, of his intention to order demolition and replacement, alteration, repair or making good any deficiency or defect thereof.(5)Where, upon the expiry of the aforesaid notice period, the employer fails to take such action as is required to the satisfaction of the Director General, the Director General may issue to the employer concerned an order in writing requiring the employer to demolish and replace, alter or repair such building or to make good any deficiency or defect thereof withinsix months of the order and subject to such conditions as the Director General may specify in the order; and any such order may include a directive that no employee or his dependants shall be permitted to occupy anysuchbuildingpendingsuchdemolitionandreplacement, alteration or repair, or the making good of any defect or deficiency thereof, or until the requirements of the order have been complied with: Provided that where an appeal has been made under section 30 in respectof theorderissuedunderthissubsection,thensuch order shall be suspended pending the determination of the appeal. Supply of water and electricity and maintenance of houses6.(1)Where employees and their dependants are provided with housing at their place of employment, it shall be the duty of the employer of such place of employment —(a)to provide free and adequate piped water drawn from a public main, or where the Director General so permits in writing, to provide free and adequate supply of potable piped water drawn fromanyothersource whichshall befilteredandtreatedinamannerapprovedbythe Director General;(b)to provide adequate electricity supply;(c)to ensure that the buildings are kept in a good state of repair and painted to present a satisfactory appearance; and (d)to ensure that no unauthorized extensions or structural alterations are made to the buildings.(2)For the purpose of this section, the adequacy of water and electricity supply shall be as determined by the Director General:ProvidedthattheDirectorGeneralmay,if heissatisfiedin any case that it is impracticable to provide piped watersupply for each house, approve any other means of water supply:ProvidedfurtherthattheDirectorGeneralmay,inanycase where heissatisfied that the provisionof electricitysupplyis not practicable or viable, exempt the employer in writing from the requirement of such provision.(3)Wherewatersupplyisdrawnfromasourceotherthan apublicmain,theDirectorGeneralmay,forthepurposeof ensuring that the water supply is suitable for consumption, cause the MedicalOfficer of Health to takesamples of watersupply for analysis and report the costs of which shall be borne by the employer.(4)Wherewatersupplyisobtainedfromapublicmainand is piped to each house, the Director General may, on application made to him, partly or wholly exempt the employer in writing from the requirement to provide free water supply to the employees subject to such conditions as the Director General may impose.(5)Whereanyextensionorstructuralalterationhasbeen madetothebuildingswithoutthepermissionoftheDirector General,theDirectorGeneralmay,aftergivingonemonth’s notice, require the employer to have the extension or structural alteration demolished. Erection of building intended to be used for the housing of employees, as nursery or as community hall7.(1)In relation to a building which is to be erected or converted forthehousingofemployeesorforuseasanurseryorasa community hall, there shall be submitted by the employer to the Director General for the approval of the approving authority as providedinsubsection(2)the plansof the buildingandof its site, and no work relating to the building shall be begun unless and until the plans so submitted have been approved.(2)The approving authority aforesaid shall be —(a)in the case of a plan of a building, the Director General; and(b)inthecaseof a planof thesiteof a buildingandof thesanitaryarrangements,theMedicalOfficerof Health.(3)Forthe purposeof securingthattheminimumstandards required under this Act or any regulations made thereunder are complied with, the approving authority may approve such plans subject to such conditions (including alterations of the plans) as he may deem fit to impose thereon. Building endangering health or safety8.(1)TheDirector Generalshall cause to be inspected —(a)byaMedicalOfficerofHealth,anybuilding,estate hospital,groupestatehospitalorclinicona placeof employment which, by reason of its design,site,size, sanitation, the quantity and quality of the water supply providedfor theoccupantsof such buildingsorother conditions, appears to the Director General to be likely to endanger health; and(b)by the District Engineer, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its construction, state of repair or condition, appears to the Director General to be likely to endanger the safety of any person.(2)The Medical Officer of Health or the District Engineer or both,asthecasemaybe,shall,afterinspectinganybuilding, estate hospital, group estate hospital or clinic under this section, submit to the Director General a report of his or their findings, togetherwithanyrecommendationmadethereonrelatingto the necessary measures required to be taken in respect of such building, estate hospital, group estate hospital or clinic.(3)Subjecttosubsection(4), on receipt of such report as is referred to in subsection (2), the Director General may issue to the employer concerned an order in writing requiring the employer to demolish and replace, alter or repair the building, estate hospital, group estate hospitalor clinicor to makegoodanydeficiency or defect within such time and subject to such conditions as the Director General may specify in the order andsuch order may, if necessary, direct that no employee or his dependants shall be permitted to occupy any of the aforesaid buildings pending such demolition and replacement, alteration or repair or until the order has been complied with: Provided that where an appeal has been made under section 30 in respect of the order then such order shall be suspended pending the decision of the appeal.(4)Noorderundersubsection(3)shallbeissuedunlessa copyofthereportreceivedbytheDirectorGeneralfromthe MedicalOfficer of Health or the District Engineer or both has beenfurnishedtotheemployer,andinmakingsuchorder the Director General shall give due consideration to any representation that may be made by the employer in respect of the report. Building not originally built for the housing of employees9.(1)Abuildingoriginallybuiltforapurposeotherthanthe housing of employees shall not be used for, or be converted for the purpose of, the housing of employees unless an application inthat behalf has beenmadetoandapproved bytheDirector General.(2)The application required to be made under subsection (1) shall be accompanied by a plan of the site of the building and a plan setting out the details of the building or of the conversion proposed to be made theretoandsubsections 7(2)and(3)shallapply to such plan as they apply to a plan of a building or of the site of a building mentioned in that section.
Nursery10. (1)Wherethereareemployeesresidingontheplaceof employment and such employees have together no less than five dependants under four years of age living with them, the Director General may, by order, require the employer of such employees to construct at the place of employment within such reasonable time as may be specified therein a nursery of a size capable of accommodating such number of employees’ dependants as may be specified therein,and on beingso required, the employershall construct such nursery accordingly:Providedthatanysubsequentreductioninthenumberof dependantsafter theorder has beenissuedshallnotinvalidate such order.(2)Theemployershallmaintainthenurseryandshall accommodatethereinthedependantsoftheemployeesduring the periodinwhichsuchemployeesareawayworkingforthe employer:Provided that he shall not accommodate therein such dependants in excess of the number specified in the requirement mentioned in subsection (1) .(3)On each day a dependant is accommodated at the nursery, heshall be provided by the employerat his own expense with a supply of milk in sufficient quantity and of good quality, and play equipment.(4)An employer who fails to comply with the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and to a further fine of one thousand ringgit for each day during which the offence continues. Allotment of land11.(1)Wherethereareemployeesresidingontheplaceof employment,theemployerofsuchemployeesshallsetaside landwhichhasbeencleared,forallotmenttosuchemployees for cultivation, grazing or partly cultivation and partly grazing:Provided that an employer is not required to excise any permanent cultivation which has been planted by him at least twelve months previously.(2)Anemployeeresidingontheplaceofemploymentwho has been employed for a period of not less than six months by the employer shall be entitled to have allotted to him an area of 250 square metres of the land so set aside.(3)If an area of land allotted for cultivation (whether wholly orpartly)shallremainunplantedforaperiodofsixmonths from the date of the allotment, or if an employee uses the area oflandallottedtohimforapurposedifferentfromthatfor whichitwasallotted,orifhedoesnotuseitatallforthe purposeforwhichitwasallottedtheemployermayterminate suchallotmentandthereaftermayallotsuchareaoflandto another employee.(4)In relation to the setting aside of land under this section —(a)land allotted to employeesshall be situated as near as possible to the houses of the employees; and(b)landforgrazingshall,exceptwiththepermissionin writingof a MedicalOfficer of Health, besituatedat a distance of not less than183 meters from the houses of the employees.(5)The Director General may, for sufficient reason, exempt to such extent, as may be stated in such exemption, any employer from compliance with this section on such terms and conditions and for such period as he may deem fit.(6)Anyemployerwhocontravenestheprovisionsofthis sectioncommitsanoffenceandshall,onconviction,be liabletoafinenotexceedingfiftythousandringgitandtoa furtherfineof onethousandringgitforeverydaytheoffence continues.(7)In thissection, “place of employment”, in relation to the allotment of land set aside, means an estate or such other place as may be prescribed by the Minister to be a place of employment to which this section applies.
Community hall, sports and other recreational facilities12. (1)The Director General may, by order, require the employer inany placeof employmentwhere thereare not less thanone hundred employees residing at the place of employment —(a)toconstructattheplaceofemployment,withinsuch reasonable time as may be specified, a community hall capable of accommodatingsuch number of personsas may be specified; and(b)toprovidefacilitiesforsportsandotherrecreational activities as may be specified.(2)Theemployershallmaintainthecommunityhall,sports and other recreational facilities in a satisfactory condition.(3)Anyemployerwhofailstocomplywiththeprovisions of this section commits an offence and shall, on conviction, be liabletoafinenotexceedingfiftythousandringgitandtoa further fine of one thousand ringgit for each day during which the offence continues. No rent or charge to be levied for benefits under this Part13.An employee shall not be required to make any payment for rent or charge in respect of any housing, nursery, community hall, sports and other recreational facilities, sanitation, or allotment of land provided for the employee under this Part.
PartIIIHEALTH, HOSPITAL, MEDICAL TREATMENT AND SANITATIONDefinition of dependant14.For the purposes of this Part, “dependant” means such member oftheemployee’sfamily,namely,spouse,father,mother,and childrenundertheageof eighteen,includingchildrenadopted inaccordancewithanywrittenlaw,whoarelivingwithand dependent on the employee.Employer to construct and maintain estate hospital15. (1)TheDirectorGeneralmay,atanytimebyorderin writing,requireanyemployertoconstructwithina reasonable time to be stated in such order and thereafter to maintain at his own expense, a hospital, hereinafter called the “estate hospital”, on or in the immediate neighbourhood of any estate upon which employeesareemployed by himwithaccommodationforsuch number of patients as may be stated in such order.(2)Wherethereisalreadyahospitalmaintainedbythe employer, the Director General may, by order in writing, require the employer to enlarge or add to such hospital so as to provide accommodation for a further number of patients as may be stated in the order.(3)For the purposes of subsection (1) or (2), the Director General may further require the employer to employ a registered medical practitioner, registered under the Medical Act1971, to reside at and have charge of such hospital or any hospital maintained by suchemployer,andtoprovidesuchmedicalpractitionerwith fitandproperhouseaccommodationtothesatisfactionofthe Medical Officer of Health.(4)Iftwoormoreestatesaresosituatedthattherequired accommodation for patients from such estates can be conveniently providedinonehospital,theDirectorGeneralmay,insteadof orderingeachemployertoconstructandmaintainaseparate hospital,orderall the employersconcerned toconstruct within areasonabletimetobestatedinsuchorderandthereafter tomaintainattheirownexpenseonehospital,hereinafter calleda“groupestatehospital”,forallsuchestateswithaccommodation for such number of patients as may be stated in the order, or if there is already a hospital erected and maintained jointly by two or more employers (whether constructed under the provisions of this section or not) may order them to enlarge or add tosuch hospitalsoastoprovideaccommodationforsuch furthernumberof patientsfromtheirestatesasmaybestated in the order.(5)Forthe purposesof subsection(4),theDirectorGeneral may further require the employers to employ a registered medical practitioner, registered under the Medical Act 1971, to have charge of such group hospital and to provide such medical practitioner with fit and proper house accommodation to thesatisfaction of the Medical Officer of Health.(6)Where there already exists an estate hospital or group estate hospital, the Director General may order the employers concerned to join such estate hospital or group estate hospital, as the case may be, and be jointly responsible for the maintenance of such hospital.(7)Every employer referred to in this section and the resident manager of every estate concernedshall be responsible for the registrationandtheduemaintenanceoftheestatehospitalor group estate hospital, as the case may be, registered in accordance with the provisions of the *Private Hospitals Act1971 and any regulations made thereunder.(8)Noemployerwhohasconstructedandmaintainedan estate hospital or a group estate hospital, whether in pursuance ofanorderoftheDirectorGeneralunderthissectionor otherwise,shallreducethenumberofbedsordiscontinuethe maintenance and operation of such estate hospital or group estate hospitalwithoutthepriorwrittenpermissionoftheDirector General. Payment and recovery of hospital expenses by employer16. (1)Itshallbethedutyofeveryemployertoprovidefor every employee employed on an estate including his dependants who reside on such estate or on any other land owned or leased by or is within the control of the employer, medical attendance, care and treatment including diet at the estate hospital or group estate hospital established under section 15 or at the estate clinic established under section19. *NOTE—This Act has been repealed by the Private Healthcare Facilities and Services Act1998 which comes into operation on 1 May 2006–see section 119 of Act 586 and P.U. (B) 93/2006 .(2)Theemployermayrecoverfromsuchemployeethe expensesof suchcare,treatmentandmaintenanceatsuchrate as the Minister may from time to time prescribe by notification in the Gazette in respect of any period in excess of thirty days during which such employee or any of his dependants shall have remained in the hospital. Sick employees being admitted to a Government hospital17. (1)If an employee at the time of his admission to a Government hospital was employed and residing on any estate, the employer shallpaytheexpensesofmaintenanceandtreatmentinsuch hospital of such employee and of any dependant of such employee at such rate as the Minister may, from time to time, prescribe by notification in the Gazette.(2)The expenses incurred under subsection (1) shall, whatever be the amount, be recoverable from the employer in a Civil Court at the suit of the Medical Officer in charge of such hospital, and the certificate of such Medical Officer shall be sufficient prima facie evidence that the amount therein specified is due from the employer:Provided that not more than thirty days’ expenses in hospital in respect of any employee or dependant shall be recoverable.(3)No expenses paid by an employer under subsection (1) shall be recoverable from any employee. Transportation of sick employees to hospital18. (1)It shall be the duty of the employer and of the resident manager at their own expenses —(a)tohaveeveryemployeeemployedontheestateand any dependant of such employee who requires medical treatment to be transported safely without delay to and from the hospital provided for employees employed on the estate or, if there is no such hospital, to and from the nearest Government hospital; and(b)to make such arrangements and to provide such appliances forthesafetransportofasickemployeeoranysick dependant of an employee to and from hospital as the Medical Officer of Health or any Medical Officer may, from time to time, require.(2)The Medical Officer of Health or any Medical Officer may require the employer or resident manager to remove any employee on the estate who requires medical treatment to hospital.(3)Anyemployerorresidentmanagerwhocontravenesthe provisionsofthissectioncommitsanoffenceandshall,on conviction, be liable to a fine not exceeding fifty thousand ringgit and to a further fine of one thousand ringgit a day for each day during which the offence continues. Medical treatment in estate on which a hospital is not maintained19. (1)On any estate where there is no estate hospital or a group estatehospitalavailable,theDirectorGeneralmay,byorder, after consultation with the Medical Officer of Health, require an employer to establish and maintain a clinic or make such other provisions as are necessary for the treatment of sick employees and their dependants.(2)The Director General shall specify in such order the services, medicine,equipmentandstafftobeprovidedandthehours during which the treatment facilities shall be made available to the employees and their dependants.(3)Whereaclinicexistsonanyestateorisestablished pursuant to an order under subsection (1), it shall be the duty of the employer to arrange for a registered medical practitioner to visit the clinic at least once a fortnight to supervise the operations and management of the clinic and to provide medical treatment to employees and their dependants.(4)No employer who has established and maintained a clinic, whether pursuant to an order of the Director General made under this section or otherwise, shall reduce the services, facilities or staff or discontinue the maintenance and operation of such clinic without the prior written permission of the Director General.Duty to report suspected cases of infectious disease20. (1)Itshallbethedutyoftheresidentregisteredmedical practitioner or, in his absence or if there is no resident registered medical practitioner, the resident manager, to isolate at once any employeeorotherpersononanestatewhomhemaysuspect tobesufferingfromanyinfectiousdiseaseasdefinedinthe Prevention and Control of Infectious Diseases Act 1988 , and to detain under observation any other person whom he may deem likely to have contractedsuch diseaseand with the least possible delay to notify the nearest Medical Officer, and pending thearrivalontheestateof theMedicalOfficerof Health,the resident registered medical practitioner or the resident manager shall take appropriate preventive measures and thereafter consult the Medical Officer of Health on any further action to be taken.(2)Anypersonwhoneglectstoperformthedutyimposed uponhimbysubsection(1)commitsanoffenceandshall,on conviction, be liable to a fine not exceeding fifty thousand ringgit and to a further fine of one thousand ringgit a day for each day during which the offence continues. Dutyofemployertosegregateemployeesufferingfrom infectious disease21. (1)On the occurrence of any infectious disease on any estate, it shall be the duty of the employer forthwith, if so directed by the Medical Officer of Health or a Medical Officer, to provide a place whereanemployeemaybesegregatedintheinterestof public healthorof anyother employee employedon the estateand to make at his own expense such arrangements for the maintenance of such employee while so segregated and for the treatment of any employee suffering from such disease as may seem necessary to the Medical Officer of Health or such Medical Officer.(2)IfatanytimeitappearstotheMedicalOfficerof Health or a Medical Officer that an employee employed on any estate is suffering from any infectious disease or that it is otherwise necessary in the interest of public health or of the health of any other employee employed on the estate that he be removed and placed under medical supervision, it shall be lawful for the Medical Officer of Health or Medical Officer to cause such employee to be removed to such place as he may direct and there to be detained until discharged by order in writing of the Medical Officer of Health or a Medical Officer.Powerof MedicalOfficerof Healthtoorderimmunization against infectious disease22.The Medical Officer of Health may, at any time if it appears to him necessary for the health of the employees employed on any estate by order in writing to the employer or resident manager, direct that such employer or resident manager at his own expense make arrangements so that all or any of the employees and their dependants be given immunization against any infectious disease. Weekly inspection of employees’ housing23. (1)Itshallbethedutyoftheemployerofaplaceof employment where employees and their dependants are provided with housing accommodation to ensure that —(a)theareasurroundingtheemployees’housingiskept clearofundergrowthandmaintainedinacleanand sanitary condition;(b)the perimeter drains around each dwelling or block of dwellings including all outlet drains are kept in a good stateofrepairandclearofrefuseorundergrowthto permit free flow of water;(c)all refuse in the housing site is collected daily and disposed of satisfactorily; and(d)all communal latrines and bathrooms are kept in a clean, sanitary and working condition.(2)It shall be the duty of the employer to ensure that all buildings used for the housing of employees, nurseries or community halls are visited and inspected weekly by an estate hospital assistant registeredundertheEstateHospitalAssistants(Registration) Act1965orany other responsible personauthorized bytheemployerwhoshallreporttotheresidentmanagerif the buildingsarenot keptcleanorif any refuseisallowed to accumulate in the neighbourhood of the buildings, and who shall alsoexamineandifnecessarytake,orcausetobetaken,to hospital any employee found in the buildings who appears to be sufferingfromanyhealthcomplaintandreporttotheresident manager accordingly.(3)The findingsof the estate hospitalassistant orany other authorized person shall be recorded in a book kept at the place of employmentandbemadeavailabletotheDirectorGeneral or Medical Officer of Health for inspection.(4)InanycasewheretheMedicalOfficerofHealthshall considerthatthevisits,inspectionsorotherduties,prescribed bysubsection(2)arenotsatisfactorilycarriedout,hemay notifytheresidentmanageraccordinglyspecifyingthematters in respect whereof he is not satisfied, and the resident manager shall thereupon make further or other arrangements as the Medical Officer of Health may require. Onus of proof24.In all proceedings under this Part, the onus of proving that he is not the employer or resident manager or the person whose dutyitis under the provisionsof thisPart todoor toabstain from doing anything shall be on the person who alleges that he is not the employer, resident manager or other person, as the case may be.
PartIIIaACCOMMODATIONSApplication24a . ThisPartshallapplytoemployeeswhoareemployed otherwise than to work in an estate . Interpretation24b . In this Part —“personinchargeofaccommodation”meansanyperson appointedbyanemployerorcentralizedaccommodation provider to be responsible for the management of the accommodation, andsafetyandhealthoftheemployeesandotheramenities in the accommodation;“accommodation” means any permanent or temporary building orstructure including any house, hut,shed or roofed enclosure used for the purpose of human habitation; “centralized accommodation” means any building used for the housing of employees employed by one or more employers; “centralizedaccommodationprovider”meansanyperson whoprovidesandmanagesacentralizedaccommodationand supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees. FunctionsandpowersofDirectorGeneralinrelationto accommodation24c .(1)For the purposes of this Part, the Director General shall have the following functions:(a)toadministerandregulateallmattersrelatingtoan accommodation;(b)todirectemployerorcentralizedaccommodation providertosubmitanyinformationanddocuments relating to an employee’s accommodation;(c)to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation;(d)to issue a Certificate for Accommodation; and(e)to do anything incidental to any of his functions under this Part.(2)The Director General shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Part.
Accommodation to be certified with Certificate forAccommodation24d .(1)Noaccommodationshallbeprovidedtoanemployee unless certified with a Certificate for Accommodation.(2)An application for a Certificate for Accommodationshall be made by an employer or a centralized accommodation provider totheDirectorGeneralintheformandmannerasmaybe determinedbytheDirectorGeneralandshallbeaccompanied by the prescribed processing fee.(3)An employer who contravenessubsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.(4)Acentralizedaccommodationproviderwhocontravenes subsection(1)commitsanoffenceandshall,onconviction, beliabletoafinenotexceedingfiftythousandringgitorto imprisonment for a term not exceeding one year or to both. Employer to give notice of occupation24e .(1)An employershall, within thirty days from the date an accommodation is occupied by his employee, inform the Director General of such occupation in the form and manner as may be determined by the Director General.(2) Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. Accommodation to comply with minimum standards24f . Anemployeroracentralizedaccommodationprovider shall ensure that everyaccommodation provided for employees complies with the minimum standards required under this Act or any regulations made thereunder.Deductions in respect of rent or charge for accommodation24g .(1)Subject toany conditionsas may be prescribed by the Minister,anemployermaycollectfromanemployeeanysum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Part.(2)The sum collected under subsection (1) shall be made by deductions from the wages of the employee. Accommodation to comply with the laws of local authorities24 h .(1)Notwithstanding section24 d ,noemployeror centralizedaccommodationprovidershalluseanybuildingas accommodation if the building is unfit for human habitation in accordance with the relevant written laws.(2)Anyemployerorcentralizedaccommodationprovider whocontravenessubsection(1)commitsanoffenceandshall, onconviction, beliable toafinenotexceedingfifty thousand ringgit. Amenities24i . Anemployeroracentralizedaccommodationprovider shall provide decent and adequate amenities in accordance with this Act or any regulations made thereunder. Duties and responsibilities in respect of safety and health24j . An employer or a centralized accommodation provider who providesaccommodationforanemployee under thisPartshall have the following duties and responsibilities:(a)to provide separate accommodation to employees of the opposite gender;(b)totakenecessarypreventivemeasurestoensure employees’ safety and well-being;(c)totakefiresafetymeasuresinaccordancewiththe relevant written laws;(d)to ensure that the electrical wiring systems comply with safetyrequirementsinaccordancewiththerelevant written laws;(e)toensurethattheemployeesreceivethenecessary medical assistance; and(f)totakepreventivemeasurestocontainthespreadof infectiousdiseasesasorderedbytheMedicalOfficer of Health in accordance with the relevant written laws andtheemployershall,athisownexpense,make arrangementsasorderedbytheMedicalOfficerof Healthsothatalloranyoftheemployeesbegiven immunization against any infectious disease. Maintenance24k . Anemployerandacentralizedaccommodationprovider shall ensure that everyaccommodation provided for employees under this Part is maintained as directed by the Director General. Appointment of person in charge of accommodation24l .(1)An employer or a centralizedaccommodation provider shallappointatleastonepersoninchargeofaccommodation provided under this Part, who will be responsible for the safety andwell-beingoftheemployeesandthemanagementofthe accommodations and amenities, in accordance with the provisions of this Act or any regulations made thereunder.(2)It shallbethe duty ofthe person in charge of accommodation —(a)to ensure that employees comply with the disciplinary rules as may be determined by the employer;(b)tovisitandinspecttheaccommodationatleasttwice amonthandkeeparecordoftheinspectionasmay be determined by the Director General in the place of employment; and(c)to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director General in the place of employment. Notice to vacate accommodation24m .(1)Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less thanfour weeks’ notice, theemployeeshall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.(2)Notwithstanding subsection (1), an employee whose contract ofserviceisterminatedbylessthanfourweeks’noticeoris terminated with immediate effect shall vacate the accommodation withinfourweeksfromthedateofthenoticeorthedatethe contract of service is terminated.Employernotobligatedtoprovideaccommodationfor employees’ dependants24n . Nothing in this Part shall render an employer obligated to provide accommodation for the dependants of an employee who is provided with accommodation under this Part.
PartIVREGULATIONSRegulations25. (1)The Minister may, from time to time, make such regulations asmaybenecessaryorexpedientforgivingfulleffecttothe provisions of this Act, or for the further, better or more convenient implementation of the provisions of this Act.(2)Withoutprejudicetothegeneralityofsubsection(1), regulations may be made —(a)toprescribetheminimumrequirementsforvarious classes of buildings (including temporary buildings) to be used for the housing of employees, or as nurseries or community halls, the minimum sanitary requirements, watersupplies,potablewatersuppliesandelectricity supplies and other matters pertaining to health in respect of such buildings;(aa)toprescribetheminimumrequirementsforvarious classes of buildings to be used for the accommodation andcentralizedaccommodationofemployeesandthe minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;(ab)to prescribe any class, category or description of employees thatisrequiredtobeprovidedwithaccommodation under Part IIIa ;(ac)toprescribethemaximumrentalorchargesfor accommodation that may be collected under Part IIIa ;(b)to prescribe the minimum equipment and staff for nurseries and the type and amount of milk, play equipment and play activity programmes to be provided for the dependants accommodated therein under section10;(c)to prescribe, in consultation with the Minister of Health —(i)asregardsclinics,theminimumequipment, surgicalandmedicalappliances,drugs,staff andthetypesofservicestobeprovidedand the registers and records to be kept; and(ii)asregardswatersupply,themannerinwhich water is to be filtered and treated;(d)to prescribe the procedure for the submission and approval of plans of buildings and their sites;(e)to prescribe the form of any register, summons or order required to be kept, issued or made under this Act; and(f)to prescribe anything which may be prescribed under this Act.
PartVGENERAL PROVISIONS, APPEALS AND OFFENCESMinister may vest certain officers with power and duties26.The Minister may, by order, vest in an officer appointed under subsection 3(2) of the Employment Act 1955 and in the Director General of Social Welfare and authorized officers appointed under the Child Care Centre Act 1984 all or any of the powers conferred upon the Director General by this Act and every duty so performed and every power so exercised shall be deemed to have been performed and exercised for the purpose of this Act. Power to issue directions26a . TheMinistermayissuesuchdirectionsasheconsiders necessary for the purposes of ensuring compliance with this Act. Power of Director General, etc . to inspect, investigate and to issue summons27. (1)TheDirectorGeneral,MedicalOfficerofHealthor District Engineer shall have power at all times without the need for previous notice —(a)toenterandinspectanyplaceofemploymentorany building which he believes is used by an employer for the housingof hisemployeesorasanurseryorasa community hall;(b)toenterandinspectanyestatehospital,groupestate hospital and clinic where employees are provided with medical attendance, care and treatment; and(c)tomakesuchinquiryorinvestigationas heconsiders necessary in relation to any matter within the provisions of this Act.(2)In the course of an inspection under this Act, the Director General, Medical Officer of Health or District Engineer may —(a)putquestionsrelatingtomatterscoveredunderthe provisions of this Act, either in private or in the presence of witnesses, as they may choose, to the owner or occupier of theplaceofemployment,orhisrepresentative,to the employer of any employee employed thereat or his representative, to any person in charge of the employees, totheemployeesthemselvesandtoanyotherperson whose evidence he may consider necessary; and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;(b)require the employer to produce before him all or any of theemployeesemployed by him together withany records,registersanddocumentsrelatingtomatters covered under the provisions of this Act including any contract of service, book of account of wages, register and any other document relating to such employees or their employment and to answer such questions in respect thereof as he may think fit to ask;(c)copyormakeextractsfromsuchrecord,contractof service,bookofaccountofwages,registerandany other document referred to in paragraph (b);(d)take possession of such record, contract of service, book of account of wages, register andany other document where in his opinion —(i)the inspection, copying or the making of extracts fromsuch record, contract of service, book of account of wages, register or any other document cannot reasonably be undertaken without taking possession of them;(ii)they may be interfered with or destroyed unless he takes possession of them; or(iii)theymaybeneededasevidenceinanylegal proceedings under this Act; and(e)take samples of water supplies for examination and analysis .(3)As respects the power to inspect, inquireand investigate aforesaid, the Director General may by summons in the prescribed form requireany person, whom he has reason to believe to be able to give any information relevant to the matter in question, togivesuchinformation,andanypersonsosummonedshall beboundtoattendbeforetheDirectorGeneralandtoanswer truthfully any question put to him by the Director General relating to the said matter.(4)Sections82and83oftheEmploymentAct 1955shall apply to theservice of asummons issued under thissection as they apply to a summons issued under Part XV of the said Act. Institution of prosecution28.A prosecution for any offence under this Act or any regulations madethereundershallnotbeinstitutedexceptby,orwiththe written consent of, the Public Prosecutor. Compounding of offences28a .(1)TheMinistermay,withtheapprovalofthePublic Prosecutor, make regulations prescribing —(a)any offence under this Act or any regulations made underthis Act as an offence which may be compounded;(b)the criteria for compounding such offence; and(c)the method and procedure for compounding such offence.(2)The Director General or any officer authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a charge is being instituted, compoundanyoffence prescribedasanoffencewhich may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon paymenttotheDirectorGeneralof asumof moneynot exceeding fifty per centum of the amount of the maximum fine towhichthe personwould have beenliabletoif he had been convicted of the offence, withinsuch time as may bespecified in the written offer.(3)Anofferundersubsection(2)maybemadeatanytime after the offence has been committed but before any prosecution for it has been instituted.(4)If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.(5)Where an offence has been compounded under this section —(a)no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and(b)anydocumentorthingseizedinconnectionwiththe offence may be released by the Director General, subject to such terms as the Director General thinks fit.(6)AllsumsofmoneysreceivedbytheDirectorGeneral under this section shall be paid into and form part of the Federal Consolidated Fund. Protection against suits and legal proceedings28b . No action, suit, prosecution or any other proceedings shall lie or be brought, instituted or maintained inany courtagainst the Minister, the Director General or any officer vested in him with powers by the Minister under section 26 in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity. Director General and officers deemed to be public servants29.TheDirectorGeneralandallofficersnamedinanyorder made under section 26 shall when exercising functions provided by this Act be deemed to be public servants for the purpose of the Penal Code .Offence by company, etc .29a . Where any person who commits an offence under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership,firm,societyorotherbodyofpersonsorwas purporting to act in the capacity or was in any manner or to any extent responsible for the managementof anyof theaffairsof the company, limited liability partnership, firm, society or other body of persons or was assisting in its management —(a)maybe charged severally or jointly in the same proceedings withthecompany,limitedliabilitypartnership,firm, society or the body of persons; and(b)ifthecompany,limitedliabilitypartnership,firm, societyorthebodyof personsisfoundguiltyof the offence,shallbedeemedtobeguiltyofthatoffence andshall be liable to thesame punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves —(i)thattheoffencewascommittedwithouthis knowledge; or(ii)thattheoffencewascommittedwithouthis consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. Appeals30.(1)Subject to subsection (2), any employer aggrieved by any order or decision made under this Act or any regulations made thereunder may, within thirty days of such order or decision in writing being received by him, appeal to the Minister.(2)Anappealagainsttheorderordecisionofanofficer appointed under section 26 shall not be brought to the Minister unless and until such appeal shall have first been brought to the Director General within the time stipulated in subsection (1) .(3)The decision of the Minister in respect of an appeal under this section shall be final. Failure to comply with order under section 5, 8, 12, 15 or 1931.Anyemployerwhofailstocomplywithanyordermade undersection 5,8,12,15or19commitsanoffenceandshall, onconviction, beliable toafinenotexceedingfifty thousand ringgitand toafurtherfineof one thousand ringgitadayfor each day during which the offence continues. Failure to comply with section 20 or 2132.Any resident manager who fails to comply with section 20 or withanyrequirementoftheMedicalOfficerofHealthunder section 21 commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and to a further fine ofonethousandringgitadayforeachdayduringwhichthe offence continues. General penalty33.AnyemployerwhocontravenesanyprovisionofthisAct oranyregulationsmadethereunderorwhofailstocarryout any order made by the Director General under this Act commits an offence under such provision, and if no penalty is expressly provided for the offence shall, on conviction, be liable to a fine notexceedingfiftythousandringgitandtoafurtherfinenot exceeding one thousand ringgit a day for each day during which the offence continues.
PartVIREPEAL AND SAVINGSRepeal and savings in respect thereof34. (1)ThewrittenlawsspecifiedintheScheduletothisAct are repealed.(2)Any regulationsmade underany of the laws repealed in subsection (1)shall continue in force until revoked or replaced by regulations made under this Act.(3)The Minister may, whenever it appears to him necessary or expedient so to do whether for the purpose of removing difficulties or in consequence of the passing of this Act, by order make such modifications to any provision in any regulations in subsection (2) as he may think fit. DICETAK OLEHPERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPURBAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW015332 27-08-2020
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