马来西亚《儿童和青少年就业法》
LAWS OF MALAYSIA REPRINT Act 350 CHILDREN AND YOUNG PERSONS (EMPLOYMENT) ACT 1966 As at 1 October 2019 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT1968 ARRANGEMENT OF SECTIONS Section1. Short title and application1a. Interpretation EMPLOYMENT2. Employmentinwhich childrenand young persons may be engaged3. The Minister may prohibitany child or young person from engaging or being engaged in any employment4. Number of days work5. Hours of work of children6. Hours of work of young persons PUBLIC ENTERTAINMENT7. Employment connected with public entertainment INQUIRY INTO WAGES8. (Deleted) MISCELLANEOUS9. Administration and enforcement9a. Offence by body corporate, etc.10. Jurisdiction11. Prosecutions and right of audience12. Certificate of medical officer as to age Section13. Contractual capacity14. Penalty15. Regulations15a. Power to amend Schedules16. ApplicationofcertainprovisionsoftheEmployment Act1955and regulations made thereunder17. (Omitted)18. SavingFirstschedule(Deleted)secondschedule(Omitted)thirdscheduleFourthschedule FiFthschedule An Act to regulate the employment of children and young persons. 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: Short title and application1.(1)This Act may be cited as the Children and Young Persons (Employment) Act1966.(2)ThisActshallapplyonlytotheStatesof*Peninsular Malaysia. Interpretation1a.(1)Inthis Act, unless the context otherwise requires —“agricultural undertaking” means any work in which any person isemployedunderacontractofserviceforthepurposesof agriculture or horticulture, the tending of domestic animals and poultry or the collection of the produce of any plants or trees, but does not include any work performed in a forest; *NOTE—Allreferencesto“WestMalaysia”shallbeconstruedasreferenceto“Peninsular Malaysia”–see the Interpretation (Amendment) Act1997 subsection 5(2). “child” means a person under the age of fifteen years; “contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby a person agrees in accordance with the provisions of this Act to employ a child or young person and that child or young person agrees to serve him and includes an apprenticeship contract; “employ” and “employment” mean employment in any labour for the purposes of gain, whether the gain be to a child, young person or to any other person; “employer” means any person who has entered into a contract of service to employ any child or young person and includes the agent, manager or factor of such first-mentioned person; “entertainment”includesanyexhibitionorperformance;and a person is deemed to take part in an entertainment whensuch personisemployedinorconnectedwithsuchentertainment whether as a performer, stage-hand or musician; “family” means a parent, sibling or guardian who has custody, of a child or young person; “guardian” in relation to child or young person, includes any personwho,intheopinionofthecourthavingcognizanceof anycaseinrelationtothechildoryoungpersonorinwhich the child or young person is concerned, has for the time being the charge of or control over the child or young person; “light work” means any work performed by a child or young person which is not likely —(a)to be harmful to his health, mental, or physical capacity; or(b)to prejudice his attendance at school that includes any placewhichteachesanyreligion,hisparticipationin vocational orientation or training programmes approved bythecompetentauthorityorhiscapacitytobenefit from the instruction received; “Minister” means the Minister for the time being charged with responsibility for human resources; “public entertainment” means entertainment to which the public oranysectionof thepublicisadmittedorinconnectionwith which any charge, whether for admission or not, is made or at whichanycollectionorsubscriptionisreceivedandincludes performances for the making of films for public exhibition other thannewsfilmsbutdoesnotincludeanyentertainmentgiven bythepupilsofanyschoolregisteredunderthe*Education Act1961atorundertheauspicesofsuch school,oranyentertainmentpromotedbyavoluntary,social orwelfarebodywhichhasbeenapprovedbytheDirector General; “vessel” includes any ship or boat or any other description of vessel used in navigation; “young person” meansa person who hasattained theage of fifteen years and under the age of eighteen years. (2)Otherexpressionhavethesamemeaningsasinthe Employment Act1955andtheWeeklyHolidays Act 1950. EMPLOYMENTEmploymentinwhichchildrenandyoungpersonsmaybe engaged2.(1)For the purposeof this section, “hazardous work” means work specified in the Fourth Schedule. (1a)Nochildoryoungpersonshallbe,orberequiredor permitted to be, engaged in any hazardous work, or any employment other than those specified in this section. *NOTE—The Education Act 1961 has since been repealed by the Education Act 1996–see section155 of Act 550. (1b)Notwithstanding subsection (1a), a young person may be engaged in any hazardous work with personal supervision if he is — (a)under an apprenticeship contract; or (b)undergoing a vocational training.(2) A child maybe engaged in any of the following employments: (a)employment involving light work suitable to his capacity in any undertaking carried on by his family; (b)employment in any public entertainment, in accordance withthetermsandconditionsof alicencegrantedin that behalf under this Act; (c)employment requiring him to perform work approved or sponsored by the Federal Government or the Government ofanyStateandcarriedoninanyschool,training institution or training vessel; and (d)employment as an apprentice under a written apprenticeship contract approved by the Director General with whom a copy of such contract has been filed. (2a )Theageofadmissiontolightworkasspecifiedin paragraph (2)(a) shall not be less than thirteen years.(2b)Notwithstanding subsections (2) and (3), no child or young personshallbe,or be requiredor permittedto be,engagedin any employment specified in the Fifth Schedule. (3)A young person may be engaged in any of the following employments: (a)any employment mentioned in subsection (2); and in relation toparagraph(a)ofthatsubsectionanyemployment suitable to his capacity (whether or not the undertaking is carried on by his family);(b)(Deleted by Act A1586);(c)employment in any office, shop (including hotels, restaurants and stalls), godown, factory, workshop, store, boarding house, theatre, cinema or association;(d)employment in an industrial undertaking suitable to his capacity; and(e)employment on any vessel under the personal charge of his parent or guardian. (4)The Minister may, if he is satisfied that any employment (not mentioned in subsection (2) or subsection (3)) is not dangerous tolife,limb,health,safetyormorals,byorderdeclaresuch employmenttobeanemploymentinwhichachildoryoung personmaybe,orpermittedtobe,engaged;andtheMinister may insuch order imposesuch conditions as he deems fit and he may at any time revoke or vary the order or may withdraw or alter such conditions. (5)Nochildoryoungpersonshallbe,orberequiredor permittedtobe,engagedinanyemploymentcontrarytothe provisions of the Factories and Machinery Act1967, theOccupationalSafetyandHealth Act1994orthe Electricity Supply Act1990.(6)(Deleted by Act A1586). The Minister may prohibit any child or young person from engaging or being engaged in any employment3.Notwithstanding the foregoing provisions, the Minister may, in any particular case, by order prohibit any child or young person from engaging or from being engaged in any of the employments mentionedinsection2ifheissatisfiedthathavingregardto the circumstances such employment would be detrimental to the interests of the child or young person, as the case may be. 4.No child or young person engaged in any employment shall in any period of seven consecutive days be required or permitted to work for more than six days. Hours of work of children5.(1)No child engaged in any employment shall be required or permitted —(a)to work between the hours of 8 o’clock in the evening and 7 o’clock in the morning;(b)to work for more than three consecutive hours without a period of rest of at least thirty minutes;(c)to work for more than six hours in a day or, if the child is attending school, for a period which together with the time he spends attending school, exceeds seven hours; or(d)tocommenceworkonanydaywithouthavinghada period of not less than fourteen consecutive hours free from work.(2)Paragraph(1)(a)shallnotapply toany child engaged in employment in any public entertainment. Hours of work of young persons6.(1)Noyoungpersonengagedinanyemploymentshallbe required or permitted —(a)to work between the hours of 8 o’clock in the evening and 6 o’clock in the morning;(b)to work for more than four consecutive hours without a period of rest of at least thirty minutes;(c)to work for more thanseven hours in any one day or, if theyoungpersonisattendingschool,foraperiod which together with the time he spends attending school, exceeds eight hours:Provided that if the young person is an apprentice under paragraph2(2)(d),the periodof workinany one day shall not exceed eight hours; or(d)tocommenceworkonanydaywithouthavinghada periodof notlessthantwelveconsecutivehoursfree from work.(2)Paragraph (1)(a) shall not apply to any young person engaged in employment in an agricultural undertaking or any employment in a public entertainment or on any vessel under paragraph 2(3)(e). PUBLIC ENTERTAINMENTEmployment connected with public entertainment7.(1)No child or young person shall take part or be required or permitted to take part in any public entertainment unless there has been issued by the Director General of Labour or by such other Director General as may be authorized in writing in that behalf by the Director General of Labour to the person employing such child or young person a licence in that behalf; and the Director Generalmay,inadditiontosuchconditionsorrestrictionsas may be prescribed from time to time under section 15, impose in respect of such licence (whether at the time the licence is issued or thereafter from time to time) such conditions as he deems fit. (2)Nolicenceundersubsection(1)shallbegrantedbythe Director General to any person where he is of the opinion that the employment is dangerous to the life, limb, health, safety or morals of the child or young person aforesaid. (3)The Director General may cancel any licence issued under this section on any ground for which he could refuse to issue a licence or on breach of any condition thereof, and such cancellation shall take effect forthwith until and unless set aside on appeal. (4)Anychildoryoungpersonortheparentorguardianof such child or young person or any other person aggrieved by the decision of the Director Generalaforesaid may within fourteen days of the making of that decision appeal to the Minister, and the decision of the Minister shall be final.(5)Intheeventofanappeal,thechildoryoungpersonor theparentorguardianofsuchchildoryoungpersonshallbe entitledtobesuppliedbytheDirectorGeneralthereasonsin writing for the cancellation of or refusal to issue a licence or for the imposition of conditions on a licence. 8. (Deleted by Act A1586). MISCELLANEOUSAdministration and enforcement9.The Director General of Labour and such other officers appointed undersection3oftheEmployment Act1955tocarryoutthe provisions of that Act, shall be charged with the responsibility for the carrying out of the provisions of this Act; and references in this Act to the Director General shall unless the context otherwise requires be construed as references to any one of these officers. Offence by body corporate, etc.9a.Where an offence under this Act has been committed by a body corporate, partnership, society or trade union —(a)inthecaseof a bodycorporate,any personwhoisa director, manager, or othersimilar officer of the body corporate at the time of the commission of the offence;(b)in the case of a partnership, every partner in the partnership at the time of the commission of the offence; and(c)inthe caseofa societyortradeunion,every office-bearer of thesociety or trade unionat the time of the commission of the offence, shallbedeemedtohavecommittedtheoffenceandmaybe charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union. Jurisdiction10.Without prejudice to the jurisdictionof the HighCourtor theSessionsCourt, theCourtof a FirstClass Magistrateshall have jurisdiction to try any offence against this Act and to award the full punishment prescribed. Prosecutions and right of audience11. (1)Proceedings for offences against this Act or against any orderorregulationmadethereundershallnotbeinstitutedor conducted except by or on behalf of the Public Prosecutor.(2)TheDirectorGeneralshallhavetherighttoappearand be heard in any proceedings under this Act, and such right shall include the right to appear and represent a child or young person in any such proceedings. Certificate of medical officer as to age12.Where, in any proceeding under this Act, a person is alleged to be a child or young person, the Court may accept a certificate of a Government Medical Officer to the effect that, in his opinion, such person is or is not a child or young person. Contractual capacity13.Notwithstandinganythingtothecontrarycontainedinthe ContractsAct1950ortheprovisionsofanyother writtenlaw,anychildoryoungpersonshallbecompetentto enter into a contract of service under this Act otherwise than as an employer, and may sue as plaintiff without his next friend or defend any action without a guardian ad litem:Provided that no damages and no indemnity under section13 of the Employment Act1955, shall be recoverable from a child or young person for a breach of any contract of service. Penalty14.(1)Anypersoncontraveningany of the provisions of this Act or of any regulations or order made thereunder or who being theparentorguardianofachildoryoungpersonknowingly acquiesces in any such contravention in respect of such child or young person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding fifty thousand ringgit or to both and, in the case of a second or subsequent offence, shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both. (2)Ontheconvictionofanypersonforanoffenceunder subsection (1) the Director General shall, if the person convicted istheholderofalicenceunderthe*TheatresandPlacesof Public Amusement Enactment 1936 of the Federated Malay States orunderanyothercorrespondingwritten lawinforce,informthelicensingauthorityconcernedofthe particularsofsuchconvictionandthelicensingauthoritymay take such action as it considers appropriate. Regulations15.(1)The Minister may make regulations for carrying out any of the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing, the Minister may make regulations to prescribe —(a)the form of licence to be issued under section 7 and the conditions and restrictions to be attached to such licence; and(b)the times which children and young persons employed shall be entitled to take off from work for meals or as rest periods.(c)(Deleted by Act A1586). *NOTE—The Theatres and Places of Public Amusement Enactment 1936 of the Federated Malay States has since been repealed by the Theatres and Places of Public Amusement (Federal Territory) Act1977. The Theatres and Places of Public Amusement (Federal Territory) Act1977hassincebeenrepealedbytheEntertainment(FederalTerritoryofKuala Lumpur) Act1992 which came into force on1October1993. Children and Young Persons (Employment) 15(3)The regulations contained in the Third Schedule shall have effect unless and until replaced or amended by regulations made under this section, and shall be deemed to be regulations made under this section. Power to amend Schedules15a.The Minister may, by order published in the Gazette, amend the Schedules to this Act. Application of certain provisions of the Employment Act 1955 and regulations made thereunder16.TheprovisionsoftheEmploymentAct 1955andofany regulations made thereunder,shallapply to theemploymentof any child or young person under this Act, as if those provisions wereenactedinandformpartofthisAct;andreferencesin thoseprovisionsto“contractofservice”and“employer”shall be construed accordingly. 17.(Omitted). Saving18.Nothing in this Act shall be construed as relieving any person who has entered into a contract of service, either as an employer oremployee,ofanyrights,dutiesorliabilitiesconferredor imposed upon him by the provisions of any other written law for the time being in force in the States of *Peninsular Malaysia or to limit any power which may be exercised by any public officer pursuant to any such provisions. *NOTE—Allreferencesto“WestMalaysia”shallbeconstruedasreferenceto“Peninsular Malaysia”–see the Interpretation (Amendment) Act1997. Firstschedule(Deleted by Act A1386) secondschedule(Omitted) thirdscheduleCHILDREN AND YOUNG PERSONS (EMPLOYMENT) REGULATIONS1966Short title1. TheseRegulationsmaybecitedastheChildrenandYoungPersons (Employment) Regulations1966. Interpretation2. Unless there is something repugnant in the subject or context, words and expressions used in these Regulations have the meaning respectively assigned to them by the Children and Young Persons (Employment) Act1966 (hereinafter in these Regulations referred to as the “Act”). CONDITIONS OF LABOURProduction of children for inspection3. Any child employed in any form of labour shall be produced, or caused to be produced, by his employer for inspectionatany time during working hours or at any other reasonable time upon the demand of —(a)a Director General; (b)a Magistrate; or(c)any person authorized in that behalf by the Director General of Health, theDirectorGeneralof LabourortheDirectorGeneralof Social Welfare. PUBLIC ENTERTAINMENTSMedical examinations4. Every child and young person taking part in any public entertainment shall be produced by the employer of such child or young person or by his agent for examination and shall be examined by a Government Medical Officer in the first instance and thereafter not less than once in every three months, and such Medical Officer shall report the result of his examination to the Director General. Form of licence5. A licence to take part in a public entertainment issued under section 7 of the Act shall be in the form as set out in the Schedule to these Regulations, with such modifications as the circumstances may require. Such licence shall provide —(a)the maximum number of performances to be given in any one day or week;(b)themaximum number of performances to be given consecutively;(c)the hours of the day between which a child or young person shall not take part in a public performance;(d)thatno performance shall exceed four hours in duration;(e)thata child or young person shall not take part in any performance which is dangerous to life, limb, health or morals;(f)thata child or young personshall report in person or in writing to an Assistant State Director of Labour or a State Director of Labour when leaving the service of the present employer;(g)that a child or young person shall report to an Assistant State Director of Labour or a State Director of Labour in writing or in person when leaving the District or State and give the destination;(h)that a child or young person shall report arrival in any District to the nearest Labour Office in writing or in person; and(i)any other conditions or remarks. Penalty6. Any person who shall employ any child or young person in breach of any of the provisionsof these Regulationsorwhoshallfail to produceachild or young person when required under the provisions of regulation 3 or shall otherwise contravene the provisions of these Regulations, shall be guilty of an offence and shall, where no other penalty is provided by the Act, be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term which may extend to six months or to both such fine and imprisonment. Revocation7. The Children and Young Persons Rules 1947 (except rule17insofarasitrelatestoFormsI,IIandIVtoXoftheSchedule thereto) are hereby revoked.CHILDREN AND YOUNG PERSONS (EMPLOYMENT) ACT1966 LICENCE TO TAKE PART IN A PUBLIC ENTERTAINMENT CONDITIONS1. Notmorethan.....................performancestobegiveninany one week.2. Notmorethan.....................performancestobegiveninany one day with a minimum interval of ....... hours between successive performances.3. No performance to exceed four hours in duration.4. Not to take part in any performance which is dangerous to life, limb, health or morals.5. To report in person or in writing to an Assistant State Director of Labour oraState Director of Labour when leaving the service of the present employer.6. To report to an Assistant State Director of Labour or a State Director of Labour in writing or in person when leaving the District or State and to give the destination.7. To report arrival in any District to the nearest Labour Office in writing or in person.8. To appear before a Government Medical Officer for examination not less than once in every three months.9. Other conditions or remarks : ...............................................................................................
FourthscheduleList of hazardous workA. WORKRELATEDTOMACHINES,INSTALLATIONSANDOTHER EQUIPMENT1. Machinery(a)Any machine tools or production machine which can pose high risk such as drilling machines, grinding machines, cutting machines, lathes machines, scraping machines, power press machine, knitting machines, weaving machines, packaging machines and bottling machines;(b)Steam boiler or internal combustion engine such as diesel engines, turbines and engines for generating electricity;(c)Hoistingandloading machinesuch as lift, hoist, crane, escalators, conveyor belts, gondolas and forklift; or(d)High pressure vessels.2. Heavy-dutymachinesuchastractors,rockbreakers,graders,asphalt mixers, piling machine and agriculture machinery.3. Installationssuchaspressurepipe,electricity,firefightingsystemand electricity transmission lines. B. WORKCONDUCTED IN HAZARDOUS ENVIRONMENT1. Work that is exposed to physical hazards(a)Underground work, underwater or in a confined space such as a well or a tunnel;(b)Workingat height which can lead toserious bodily injury;(c)Working environment which involves electricity at high voltage power line;(d)Workingin a caisson with limited ventilation;(e)Work that uses electric welding machines or gas welding machines;(f)Workin an environment with extreme temperature and moisture or high-speed wind;(g)Work in an environment with noise or vibration where intensity exceeds the permissible exposure limits;(h)Workto handle, store, use and transport radioactive substances;(i)Work that produces ionizing radiation or work in an environment with ionizing radiation;(j)Workin a dusty environment that is detrimental to health; (k)Workwhich may lead to electrocution, fire or explosion; or(l)Manualhandlingworkswhichmay pose high risksuchas lifting, lowering, pushing, pulling, carrying or moving a load.2. Work that is exposed to chemical hazards(a)Work in relation to production, processing, handling, storage, transport, removal,disposalortreatmentofhazardouschemicalasdefined intheOccupationalSafetyandHealth(Classification,Labelling andSafety DataSheet of Hazardous Chemicals) Regulations 2013 ; or(b)Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of pesticides and schedule waste as defined in the Pesticides Act 1974 and the Environmental Quality (Scheduled Wastes) Regulations 2005.3. Work that is exposed to biological hazardsWorkinanenvironmentthatrelatestogerms,bacteria,viruses,fungi, parasites and other biological agents such as works in clinical laboratories, slaughterhouse,meatprocessingplaceandsiloorstorageforstoring crops. C. WORK CONTAIN CERTAIN HAZARDOUS NATURE AND CONDITION1. Construction work including construction of building, bridges, roads, or irrigation project.2. Work in timber industry such as cutting, transporting and unloading trees.3. Work offshore such as working in a petroleum platform.4. Workaboveornearwaterwheretheriskofdrowningexistsuchas lifeguard, fishing activities and work in water treatment plant. FiFthscheduleEmployment in which children or young persons shall not be required, permitted to be or engaged in —1. All kind of employment that make use of, procure, or offer children or young persons for prostitution.2. All kind of employment as social escorts, hostesses and any other related activities.3. All kind of employment that require children or young persons to involve in the production or trade of alcoholic beverages.4. All kind of employment related to gambling and lotteries activities.5. All kind of employment that require children or young persons to work in any activities related to massage services or reflexology services.6. All kind of employment that make use of, procure, or offer children or young persons for any kind of job related to pornography.7. All kind of employment that make use of, procure, or involve children or young persons for the production and trade of drugs, narcotics, psychotropic substances and other addictive substances which are prohibited under any written law in operation.
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