马来西亚《就业信息法》

繁星追梦

LAWS OF MALAYSIA

REPRINT

Act 159

EMPLOYMENT INFORMATION ACT 1953

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

ARRANGEMENT OF SECTIONS

Section

1.     Short title

2.    Interpretation

3.    Authorized officer may require employers to give certain information

4.    Authorized  officer may  enter premises to make enquiries

5.    (Deleted)

6.    Offences

7.    Information collected restricted to official use

An Act to  facilitate the collection of information regarding the terms of service and conditions of work of employed persons.

[Peninsular Malaysia—15 November 1953; L.N. 684/1953;

Sabah and Sarawak—2 March 1967; P.U. 96/1967]

Short title

1.   This Act may be  cited  as the  Employment  Information Act 1953.

Interpretation

2.   In this Act—

“authorized officer” means the Secretary General of the Ministry of Human Resources and includes an officer authorized by him for the purposes of this Act; and

“employer” means any person who has entered into a contract of service to employ any other person in any capacity whatsoever and includes the agent, manager or factor of such first mentioned person,  and the word “employ” with its grammatical variations and cognate expressions, shall be construed accordingly.

Authorized  officer  may  require  employers  to  give  certain information

3.  (1)  The  authorized officer may give notice in writing to any employer requiring him to make a written statement of—

(a)  the number of persons  currently employed by him and the age and sex of each such person;

(b)  the  terms  of the  contract  between  him  and  each  such person;

(c)  the hours required to be worked and actually worked by, and the leave, holidays and rest periods allowed to, each such person;

(d)  the nature of the work performed for him by each such person;

(e)  wage structure, by occupation;

(f)  the  qualification  and  experience  required  for  each occupation;

(g)  the prospects of promotion to  a higher grade; (h)  the job description of each occupation;

(i)  the normal hours of work and actual hours worked, by occupation;

(j) paid and unpaid leave, holidays and rest periods;

(k)  total  earnings  including  wages,  allowances,  overtime, bonuses and other monetary benefits; payment in kind for each person employed; and

(l)  any other information as may be required by the Secretary General of the Ministry of Human Resources from time to time for the purposes of this Act.

(2)  The written statement required by subsection (1)—

(a)  shall be in such form and, subject to subsection (1), shall contain  such particulars  as the  authorized  officer may specify;

(b)  shall be signed by the employer required to make it, who shall certify that the written statement is, to the best of his knowledge, accurate in every particular; and

(c)  shall be delivered by post or otherwise to the authorized officer within forty-two days of the date of the notice given by the authorized officer under subsection (1):

Provided that, if the employer so requests, the authorized officer may allow him such time in excess of forty-two days  for the  delivery  of the written  statement  as  may seem reasonable to the authorized officer.

Authorized officer may enter premises to make enquiries

4.  (1)  The  authorized  officer  shall  have  power  to  enter  at  any reasonable time any place or premises of employment in which one or more persons work or in which the authorized officer has reason to believe that one or more persons work:

Provided that the  authorized  officer  shall,  at the time  of the entry, notify the employer of such persons, or, if the employer be absent, any person purporting to represent him, of his entry.

(2)  The authorized officer may put questions concerning—

(a)  the number of persons currently working in such place or premises and the age and sex of each such person;

(b)  the terms of the contract between each such person and his employer;

(c)  the hours required to be worked and actually worked by and the leave, holidays and rest periods allowed to each such person;

(d)  the nature of the work performed by each such person; and

(e)  any other matter relating to the terms and conditions of service of such persons,

to the employer of such persons, or to any person who may be in charge of such persons or to such persons, or to any other person whom he believes to possess any relevant information; and every person so questioned shall be legally bound to answer such questions truthfully to the best of his  ability.

(3)  The authorized officer may require such employer to produce before him at the place of employment all or any of the persons currently working for him together with any written contracts or other documents relating to conditions of service of such persons and  to  answer  such  questions  relating  thereto  as  he  may  think proper to ask.

5.   (Deleted by Act A211).

Offences

6.  (1)  Any employer who signs a written statement as required by paragraph 3(2)(b) knowing the statement to be false in any particular shall, on conviction, be liable to a fine of two thousand ringgit.

(2)  Any employer who fails to deliver a written statement to the authorized officer in accordance with paragraph 3(2)(c) shall, on conviction,  be  liable  to  a  fine  of two  thousand  ringgit  and  in addition to a fine of one hundred ringgit in respect of every day during which such offence shall continue.

Information collected restricted to official use

7.  (1)  Any information collected for the purpose of this Act shall be treated as confidential and  shall be restricted to official use only.

(2)  Any  person  who  uses  any  information  collected  for  the purpose of this Act contrary to subsection (1) shall, on conviction, be  liable  to  a  fine  not  exceeding  two  thousand  ringgit  or  to imprisonment not exceeding six months.