Malaysia legislation
Section 3
of WORKERS' MINIMUM STANDARDS OF HOUSING AND AMENITIES ACT 1990
Section 3
In this Act, unless the context otherwise require—
“building” means, in relation to Part II, any building used for the housing of employees and includes a nursery and a community hall;
“contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other person agrees to serve his employer as an employee;
“dependant” means the spouse, parent (including stepfather and stepmother), grandparent, child (including stepchild), brother and sister (including half-brother and half-sister and stepbrother and stepsister) of an employee, who is dependent on such employee, and includes—
(a)
as respects a child, an illegitimate child or a child adopted in accordance with any written law relating to adoption; and
Employees’ Minimum Standards of Housing,
Accommodations and Amenities 9
(b)
as respects parents, the parents of an illegitimate child, and any person by whom the employee was adopted in accordance with any written law relating to adoption;
“Director General” means the Director General of Labour appointed under subsection 3(1) of the Employment Act 1955
[Act 265] and includes any officer who, by virtue of an order made under section 26, is vested with all or any of the powers of the Director General;
“District Engineer”, in respect of a district, means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public Works Department for that district and, for the purpose of subsection 27(1), includes any officer authorized in writing in that behalf by the District
Engineer;
“employee” has the meaning assigned to it in subsection 2(1)
of the Employment Act 1955;
“employer” means—
(a)
any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager and factor of such first-mentioned person; or
(b)
where the owner or lessee (including the agent, manager and factor of such owner or lessee) of a place of employment
(hereinafter referred to as “the first-mentioned person”)
has entered into an agreement, whether oral or in writing and whether expressed or implied, with another person for the purpose of executing any work for or connected with any business, trade, operation or interest of such first-mentioned person, the term “employer” shall also include such first-mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly;
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Act 446
“estate” means any agricultural land exceeding twenty hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated, or any mine or any other place of employment so declared by order of the Minister;
“Medical Officer” means a registered medical practitioner who is employed in a medical capacity by the Federal or State
Government;
“Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time being carrying out the duties of a Medical Officer of
Health in any area, district, or local authority area, and includes the Director General, the Deputy Director General of Health, the Director of Health Services, any Deputy Director of Health
Services, any State Director of Medical and Health Services and any State Deputy Director of Medical and Health Services, and for the purpose of subsection 27(1), includes any officer authorized in writing in that behalf by the Medical Officer of Health;
“Minister” means the Minister charged with the responsibility for human resources;
“place of employment” means a place where work is carried on by or on behalf of or for an employer and shall include any place in which employees are housed by an employer;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“resident manager”, in relation to an estate, means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed;
“resident registered medical practitioner”, in relation to an estate, means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed.
Exemption