马来西亚《每周假日法》
LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 220 WEEKLY HOLIDAYS ACT 1950As at 1 May 2015 ARRANGEMENT OF SECTIONSSection1. Short title and application2. Interpretation3. Closing of shops4. Provisions relating to shops where more than one business is carried on5. Additional half-day closing or holiday6. Weekly holidays in shops, restaurants and theatres7. Shops to be closed on five additional days every year8. No deduction or abatement to be made from wages9. Administration of Act10.Powers of Inspectors11.Penalties12.Exemption from application of this Act13.Power to exempt14.RulesSCHEDULE LAWS OF MALAYSIAAct 220WEEKLY HOLIDAYS ACT 1950 An Act to provide fora weekly holiday for personsemployed in shops, restaurants and theatres.Short title and application1. (1) This Act maybe cited as the Weekly Holidays Act 1950.(2) This Act shall apply to Peninsular Malaysia only. Interpretation2. In this Act, unless the context otherwise requires–“controlledbusiness”meansanyoneormoreofthefollowing trades or businesses, namely, any retail trade or business (including retail sales by auction but not including the sale of programmes and catalogues and other similar sales at theatres and places of amusement),thesaleofintoxicating liquor underlicence,the businessof apawnbroker,barber,hairdresser,tailor,laundryman, dry-cleaneranddyerandanywholesalebusinessdeclaredbythe Minister, by notification in the Gazette, to be a controlled business for the purposes of this Act; “day” means a period of twenty-four hours beginning at midnight; “Director General” means the Director General of Labour;“manager” means any person appointed to be in charge of or to manage a shop, theatre or restaurant; “Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts1948and1967,and includes the Federal Territory; “proprietor” means the owner of the controlled business in any shop or the licensee of any theatre or restaurant; “restaurant” means any premises in which is carried on principally or wholly the businessof supplying mealsor refreshmentsto the public or a class of the public for consumption on the premises; “shop” means all directly inter-connected premises or contiguous places used by any person for–(a) exposing goods for sale as part of any controlled business carried on by him;(b) thestorage,preparation,processingormanufactureof goods, some or all of which are ordinarily disposed of in the course of any controlled business carried on by him; or(c) any other purpose of a controlled business carried on by him, or, where part only of any premises or places are so used, means that part: Provided that the term “shop” shall not include a restaurant or any bazaarforcharitableor public purposes,oranyseparateroomor workshop used exclusively for the storage, preparation, processing or manufacture of goods which are of a description ordinarily disposed of in a substantial quantities otherwise than as part of the business of a controlled business; “theatre” includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainment or for use as a dancehall; “unassisted shop” means any shop in which the controlled business is carried on by the sole proprietor without assistance other than that of the husband, wife or one of the children of the proprietor; “week” means the period between midnight on any Saturday night and midnight on the succeeding Saturday night. Closing of shops3. (1) Every shop not included in any class of shops mentioned in the Schedule shall remain entirely closed on either Friday or Sunday, as the proprietor or manager may choose, in each week, and every person employed therein shall be given a whole holiday on such day: Provided that–(a) an unassisted shop may remain open on both Friday and Sunday in each week on condition that on either Friday or Sunday in each week only the proprietor shall attend to the customers;(b) the Director General may, upon application being made to himinthatbehalf,inthemannerprescribed,bythe proprietor or the manager, give written permission in the case of any shop for some other day to be substituted in any particular week for the day chosen by such proprietor or manager and this subsection shall thereupon apply in the case of that shop to such day accordingly and not to the day of that week chosen; and(c) the Director General may, upon application being made to himinthatbehalf bytheproprietorormanager,give written permission that in any particular week a specified piece of work be performed in any shop on the day on whichthatshop,inaccordancewiththissubsection, wouldotherwisebe entirelyclosed;andtheDirector General shall, if he gives such written permission, specify a day in that particular week or in the week next following on whichall persons to be employed insuchspecified piece of work shall be given a whole holiday in lieu of the wholeholidaywhichtheywouldotherwisehavebeen given under this subsection. (2) Theproprietororthe managershallspecify ina notice,in such form as may be prescribed, the day in each week on which a shop is closed in pursuance of subsection (1) and shall exhibit such notice permanently in a conspicuous place in the shop. (3) Theday chosen by the proprietor or manager in accordance with subsection (1) shall not be altered by the proprietor or manager more often than once in six months.(4) Theproprietorofanunassistedshopshallspecifyinsuch notice as may be prescribed the day in each week on which he only will attend to customers as provided for in proviso of paragraph 1(a), and shall exhibit such notice permanently in a conspicuous place in such unassisted shop. (5) TheMinister mayfrom time to time, by notification in the Gazette add to, alter or amend the Schedule. Provisionsrelatingtoshopswheremorethanonebusinessis carried on4. Whereseveral tradesor businessesare carriedon in thesame shop, and any of those trades or businesses is of such a nature that if it were the only trade or business carried on in the shop, the shop would be exempt from the provisions of section 3, the exemption shallapply to theshopsofarasthecarryingonof thattradeor business is concerned, subject, however, to such conditions as maybe prescribed. Additional half-day closing or holiday5. (1) The Minister may, by notification in the Gazette, require in respect of allshopsorof any specifiedclass of shops other than unassisted shops and shops included in any class of shops mentioned intheSchedulethattheyshouldbeclosedatsuchhourinthe afternoon of one day in every week in addition to the day provided for by section 3, as maybe specified in such notification. (2) Whenany shop is closed under subsection (1) every person employed therein shall be given a holiday, in addition to any holiday given undersection3,6or7,duringsuchperiodastheshopis closed. (3) TheMinistermay, for the purposes of thissection,specify differenthoursordaysfordifferentshopsordifferentclassesof shops or for different areas or for different times of the year. (4) Theproprietororthe managershallspecify ina notice,in such form as may be prescribed, the day in each week on which a shop is closed in pursuance of a requirement under subsection (1) and shall exhibit such notice permanently in a conspicuous place in the shop. Weekly holidays in shops, restaurants and theatres6. (1) Every person employed in any shop, other than an unassisted shop, in a class of shops mentioned in the Schedule, or in any restaurant or theatre shall be given in each week a holiday of one whole day: Provided that nothing in this section shall apply to any person who works on less than six days and for less than forty hours in the week, such person being deemed to have worked on any day on which he has worked for a total period of not less than four hours.(2) TheDirectorGeneralmay,bynotificationintheGazette, excludeanyparticularclassofemployeefromtheoperationof subsection (1). Shops to be closed on five additional days every year7. (1) Inaddition to thoseother holidays prescribed by this Act, every shop, other than an unassisted shop or a shop included in any class of shops mentioned in the Schedule, shall be entirely closed on not less than five days every year, to be chosen by the proprietor or manager, and every person employed in any such shop shall be given a whole holiday on each such day. (2) Theproprietororthe managershallspecify ina notice,in such form as may be prescribed, the days chosen in accordance with subsection(1)andshallexhibitsuchnoticepermanentlyina conspicuous place in the shop. (3) In addition to the holidays required to be given by subsection 6(1) every person employed in a shop of a class mentioned in the Schedule or in any restaurant or theatre shall be given in every year a whole holiday on five other days to be chosen by the proprietor or manager. (4) If inanyyearany of the days chosen by the proprietor or manager in compliance with subsection (1) is a day on which his shop is required to be entirely closed under section 3 then the day next following on which the shop would otherwise be opened shall be deemed to be a day chosen in compliance with subsection (1) and the shop shall be entirely closed on that day. No deduction or abatement to be made from wages8. (1) Nodeductionsorabatementof thewagesof anyperson shall be made on account of any holiday given under section 3, 6 or 7.(2) A person who is given a holiday under section 5 shall be paid in respect of such holiday the wages he would have earned had he worked during that part of the day in which such holiday is given. Administration of Act9. (1) TheDirectorGeneral shall be the officer in charge of the general administration of this Act.(2) TheDirectorGeneralmayeithergenerallyorspecifically direct anyState Director of Labour or AssistantStateDirector of Labour or, with the consent of the Minister, any other public officer to exercise, perform or discharge any power, duty or function of the DirectorGeneralunder thisActorunder anyregulation made thereunder.(3) TheYang di-PertuanAgongmay,bynotification inthe Gazette, appoint persons to be Inspectors for the purposes of this Act within such local limits as he may assign. (4) Every Inspector appointed under this section shall be deemed tobe apublic servantwithinthemeaning ofthe PenalCode .(5) TheDirectorGeneralandanyStateDirectorof Labouror AssistantState Directorof Labour may exercise any or all of the powers of an Inspector. Powers of Inspectors10.(1)Subject to any rules made under this Act by the Minister, an Inspectormayatanyreasonabletime,withinthelocallimitsfor which he is appointed–(a) enterandremaininanyshop,theatreorrestaurantto which this Act applies and in any quarter, house or other accommodation where persons who are employed in such premises live or sleep;(b) makesuchexaminationofanysuch shop,restaurant, theatre, quarter, house or other accommodation and of any record, register or notice maintained therein, in pursuance of rules made under subsection 14(2), and take on the spot or otherwise such evidence of any person as he may deem necessary for carrying out the purposes of this Act. (2) Anypersonhavingthecustodyofany record,register,or notice maintained in pursuance of rules made under subsection14(2) shall be bound to produce the same when so required by an Inspector, but no personshall becompellable toanswerany question if the answer may tend directly or indirectly to incriminate himself. Penalties11.In the event of any–(a) contraventionofsection 3, 5, 6,7or8orofany requirement duly made thereunder;(b) contravention of any rule made under paragraph14(2)(a) or (c); or(c) breach of any condition imposed under section 4,the proprietor and the manager of theestablishmentin respectof which such contravention or breach takes place shall, on conviction, be liable to a fine which may extend, in the case of the first offence, to two hundred and fifty ringgit, in the case of a second offence, to five hundred ringgit, and, in the case of a third offence or subsequent offence, to one thousand ringgit. Exemption from application of this Act12. Nothing in this Act shall apply to premises maintained by the Government solely for Post Office business. Power to exempt13.The Minister may exempt from all or any of the provisions of this Act any premises or any class of premises. Rules14.(1) The Minister may make rules for carrying out the purposes of this Act.(2) Inparticularandwithout prejudice to the generality of the foregoing power, such rules may–(a) prescribeanythingrequiredtobe,orwhichmaybe prescribed under this Act;(b) regulate the exercise of their powers and the discharge of their duties by Inspectors;(c) require registers and records to be maintained and prescribe the notices to be displayed in establishments to which this Act applies and the form and contents thereof and the manner in which such notices shall be displayed. (3) Allrulesmade under thissection shall be published in the Gazette and shall be laid as soon as conveniently may be before the DewanRakyatwhichmay,byresolution, amend, approve or disapprove of the same. All rules approved by the Dewan Rakyat with such amendments, if any, as may have been made, shall come into force as from the date of the resolution approving the same. SCHEDULE (a)Premises used for carrying on the retail sale of fuel from pumps, or of spare parts for vehicles, or for the repair, or servicing of vehicles.(b)Premises used for carrying on the business of undertakers in connection with funerals.(c)Premisesused forcarrying onthebusiness ofpharmacists, chemistsor druggists.(d)Premises used for ships chandleries for the supply of victuals, stores or other necessities for a ship on her arrival in port or immediately before her departure.(e)Premises used for livery stables or garages.(f)Premises used for the business of any person or company producing ice by artificial means.(g)Premises used for the sale of newspapers or their delivery.(h)Premises used for the sale and delivery of fresh milk, cream, meat, fish, bread, fruit, vegetables or other foodstuffs of a perishable nature.(i)Premises used for the sale of intoxicating liquor as part of the business of a hotel or boardinghouse or as part of the amenities of a club.(j)Premises used for carrying on a controlled business and situated within–(i) any international airport; (ii) any railway station;(iii) any hotel;(iv) any shopping arcade or shopping complex as may be approvedby the Minister on application.(k)Premises occupied by laundries, dry cleaners and dyers.(l)Premises situated within any Federal military establishment and used by any authorized person for carrying on a controlled business.(m) Premises used for carrying on the retail sale of–(i) flowers and plants; or(ii) living creatures in pet shops, bird shops and other shops of a similar nature.(n)Premises occupied by Supermarkets and Cold Storages carrying on acontrolled business as maybe approved by the Minister on application. (o)Premises used for the sale and delivery of gas in cylinders as fuel.(p)Premises used for the sale of joss sticks, joss paper, candles and other religious or funeral requisites.(q)Premises usedforexposinggoodsforsaleinconnectionwithacontrolled business employing ten or more persons.(r)Premisesusedforexposinggoodsforsaleinconnectionwithacontrolled business carried on by a co-operative society registered under the *Cooperative Societies Ordinance 1948 . *NOTE–CooperativeSocietiesOrdinance 1948 has sincebeenrevisedas Cooperative Societies Act 1948 and later repealed by Cooperative Societies Act 1993 –see paragraph 95(1)(a) of Act 502.
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