Malaysia legislation

Section 9

of WORKMEN'S COMPENSATION ACT 1952

Section 9

(a)

where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of not less than six months immediately preceding the accident in the grade in which he was employed at the time of the accident, his monthly earnings shall be deemed to be the average amount of his earnings during the last six completed months of that period;

(b)

where the workman has been exclusively employed by the employer who is liable to pay compensation in the grade in which he was employed at the time of the accident during a continuous period of less than six months immediately preceding the accident and there is another workman who has been exclusively employed on similar work by the same employer for a continuous period of not less than six months immediately preceding the accident, the monthly earnings of the former workman shall be deemed to be the average amount of the earnings of the latter workman during the last six completed months of that period;

22

(c)

where reliable evidence of the earnings of the relevant workman under paragraph (a) or (b) does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of workmen employed on similar work in the same locality at or about the date of the accident;

(d)

where the earnings of a workman cannot be determined according to the provisions of paragraph (a), (b) or (c)

or where the earnings of a workman have been determined according to the provisions of paragraph (a), (b) or (c)

and are less than one hundred and twenty-six ringgit a month, then the earnings of the workman shall be deemed to be one hundred and twenty-six ringgit a month.

(2)

Where a workman is employed in the same occupation under contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident.

(3)

For the purposes of this section a period of service shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

(4)

Subsections (1) and (2) shall apply to the calculation of monthly earnings for the purposes of the definition of “workman”

in section 2.

Distribution of compensation

Section 9 — WORKMEN'S COMPENSATION ACT 1952 | mylaw.my