Malaysia legislation
Section 2
Section 2
In this Ordinance, unless the context otherwise requires—
'approved fund" means a provident fund or other scheme for the benefit of employees established by an employer or by a group of employers and declared by the Board under section 16 of this Ordinance to be an approved fund and includes any scheme in respect of persons in a pensionable employment with the Government of the Federation or of any State or Settlement, and if any doubt arises as to whether any person is in such employment or not the decision of the High Commissioner in Council shall be final;
"the Board" means the Employees Provident Fund Board established under section 3 of this Ordinance;
"employee" means any person—
(a)
who has attained the age of sixteen years;
(b)
who has entered into a contract of service or apprenticeship, whether written or oral and whether expressed or implied, to work for an employer in a scheduled employment;
(c)
who has worked for the same employer in such scheduled occupation for a continuous period of not less than three months: and
(d)
whose wages do not exceed four hundred dollars a month:
Provided that where, after an employee becomes liable to pay contributions as provided in section 7 of this Ordinance, the wages of such employee are increased and exceed four hundred dollars a month, such employee shall not, by reason only of such increase, cease to be an employee, but his wages shall, for all purposes of this Ordinance, be deemed to be four hundred dollars a month;
"employer" means the person with whom an employee has entered into a contract of service or apprenticeship and includes—
(a)
a manager, agent or person responsible for the payment of salary or wages to an "employee":
(b)
any body of persons whether or not statutory or incorporated; and
(c)
the Government of the Federation or of any State or Settlement, any Municipality, Harbour Board, or the Central Electricity Board, and, where an employee is employed with such Government or body or with any officer on behalf of such Government or body, the officer under whom such employee is working shall be deemed to be an "employer":
Provided that no such officer shall be personally liable under this Ordinance for anything done or omitted to be done by him, as an officer of such Government or body, in good faith;
"normal period of work" means the number of hours stated or implied in an employee's contract of service or apprenticeship to be the normal number of hours of work per week, or for any day in the week, to be performed by him;
"Postmaster-General" means the Postmaster-General, Malaya;
"scheduled employment" means an employment specified in the First Schedule to this Ordinance;
"wages" means the remuneration in money due to an employee under his contract of service or apprenticeship, whether agreed to be paid monthly, weekly, daily or otherwise—
(a)
in respect of the normal periods of work to be performed by the employee; or
(b)
where payment is calculated in relation to a set task or tasks, in respect of the number of tasks completed by the employee; or
(c)
where payment is calculated in relation to the volume of work done, in respect of the work completed by the employee;
together with any allowance payable by the employer to the employee in respect, either explicitly or impliedly, of high cost of living.