马来西亚《就业（程序-对等规定）条例》

繁星追梦

EMPLOYMENT (PROCEDURE - RECIPROCAL  PROVISIONS) REGULATIONS 1957

ARRANGEMENT OF REGULATIONS

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Regulation

1.   Citation.

2.   Service in the Republic of Singapore of summons issued in Malaysia.

3.   Service in Malaysia of summons issued in the Republic Singapore.

4.   Enforcement in the Republic of Singapore of an order made in Malaysia.

5.   Enforcement in Malaysia of an order made in the Republic of Singapore.

6.   Registration of Orders.

7.   Payments through the Court or some other person.

8.   Collections and taking of proceedings.

9.   Execution in the Republic of Singapore of warrant issued in Malaysia for apprehension of absconding employer.

10. Execution in Malaysia of warrant issued in the Republic of Singapore for apprehension of absconding employer.

EMPLOYMENT (PROCEDURE - RECIPROCAL  PROVISIONS) REGULATIONS 1957*

1.   Citation.

These Regulations maybe cited as the Employment (Procedure - Reciprocal Provisions)  Regulations 1957.

2.   Service in the Republic of Singapore of summons issued in Malaysia.

Whenever under the provisions of the Act a summons is issued by the Director General or any officer empowered so to do, and the person to be summoned is or is believed to be in the Republic of Singapore, the summons maybe sent to the Commissioner for Labour of the Republic of Singapore by post or otherwise for the purpose of being served upon the person to be summoned, and if the summons is returned with an endorsement of service thereon and with an affidavit of such service purporting to have been made before a Magistrate in the Republic of Singapore such summons shall be deemed to have been duly served.

3.   Service in Malaysia of summons issued in the Republic of Singapore.

Where under the provisions of any law in force in the Republic ofSingapore corresponding to the Act, the  Commissioner for Labour of the Republic of Singapore has issued  a summons requiring any person who is or is believed to be in Malaysia  to appear before him and the summons is sent to the Director General by post or otherwise for the purpose of being served upon the person to be summoned, the Director General may cause the summons to be served in the manner prescribed in section 82 of the Act  and shall return it with an endorsement of service thereon and with an affidavit of such service made before a Magistrate.

4.   Enforcement in the Republic of Singapore of an order made in Malaysia.

Whenever under the provisions of section 69 of the Act, an order has been made by the Director General or any officer empowered so to do for the payment of a sum of money and the person ordered to pay such sum is or is believed to be in the Republic of Singapore, the Director General shall cause a certified copy thereof to be sent Registrar of the Civil District Court of the Republic of Singapore for enforcement.

*Published as PU(A) 334 of 1983.

5.   Enforcement in Malaysia of an order made in the Republic of Singapore.

Where under the provisions of any law in force in the Republic of Singapore corresponding to the Act, the Commissioner for Labour of the Republic of Singapore has, whether before or after the passing of these Regulations, made an order for payment of a sum of money by a person who is or is believed to be in Malaysia and a certified copy thereof has been transmitted to the Registrar of the High Court in Malaysia, the Registrar shall cause a copy thereof to be sent to the appropriate  Sessions Court for registration and on receipt thereof the Court shall register the order in the manner prescribed in regulation 6 and from the date of such registration the order shall be of the same force and effect and all proceedings may be taken on such order as if it had been an order originally obtained in the Sessions Court and such Court shall have power to enforce the order accordingly.

6.   Registration of Orders.

Where a copy of an order made by the Commissioner for Labour of the Republic of Singapore has, pursuant to the provisions of regulation  5, been sent to the appropriate Sessions Court for registration, such Court shall enter it in its register on the date on which it is received in the same manner as though the order had been made by such Court distinguishing it from the other entries in such manner as such Court may find most convenient so as to show that it is entered in pursuance of the Act.

7.   Payments through the Court or some other person.

When an order has been registered in a Sessions Court under regulation 6, such Courtshall, unless satisfied that it is undesirable to do so, direct that all payments due thereunder shall be made through an officer of such Court or such other person as it may specify for the purpose.

8.   Collections and taking of proceedings.

The  person  through  whom  payments  are  directed  to  be  made  under  the  foregoing regulations shall collect the monies due under the order and may take proceedings in his own name for enforcement of payment and shall send the monies when so collected to the Commissioner for Labour of the Republic of Singapore.

9.   Execution  in  the  Republic  of  Singapore  of  warrant   issued  in  Malaysia  for

apprehension of absconding employer.

Where a warrant has been issued in Malaysia under section 78 (4) of the Act for the apprehension of an employer who has absconded or is absconding or is about to abscond and such person is suspected of being in or on the way to the Republic of Singapore, the Magistrate issuing the warrant may send such warrant to any magistrate in the Republic of Singapore for execution and any person apprehended and returned to Malaysia under such warrant maybe dealt with according to law a if he had been apprehended in Malaysia.

10. Execution  in  Malaysia  of  warrant   issued  in  the  Republic  of  Singapore  for

apprehension of absconding employer.

(1) Where  under  the  provisions  of  any  law  in  force  in  the  Republic  of  Singapore corresponding to section 78 of the Act a warrant has been issued for the apprehension of an employer who has absconded or is absconding or is about to abscond from the Republic of Singapore in order to evade payment of wages due to any of this workmen and such employer is or is suspected of being in or on the way to Malaysia,a Magistrate in Malaysia may, if satisfied that the warrant was issued by a person having lawful authority to issued the same, endorse such warrant in the manner provided in this regulation and the warrant so endorsed shall be a sufficient authority to apprehend within Malaysia the employer named in the warrant and to bring to him before the endorsing Magistrate or some other Magistrate in Malaysia.

(2) The Magistrate before whom an employer so apprehended is brought, may, if he is satisfied that the warrant is issued by a person having lawful authority to issue the same and if he is satisfied on oath that the prisoner is the person named or otherwise described in the warrant, order such employer to be returned to the Republic of Singapore and for that purpose may order him to be delivered into the custody of the persons to whom the warrant is addressed, or any one or more of them and to be held in custody and to be conveyed to the Republic of Singapore there to be dealt with according to law as if he had been there apprehended.

(3) A Magistrate shall so far as is requisite for the exercise of the powers conferred upon him by this regulation have the same powers including power to remand and admit to bail ashe has is the case of a person apprehended under a warrant issued by him.

(4) An endorsement of a warrant is pursuance of this regulation  shall be signed by the authority endorsing the same and shall authorize all or any of the persons named in the endorsement, and the persons to whom the warrant was originally directed to execute the warrant by apprehending the person named in it and to bring him before either the Magistrate endorsing the warrant or some other Magistrate.

(5) For the purpose of this regulation every warrant and every endorsement made thereon in pursuance of this regulation shall remain in force, notwithstanding that the person signing the warrant or such endorsement dies or ceases to hold office.