Section 43

Subject to section 52, the monthly contribution of every employee and employer who are subject to the minimum wages order made under the National Wages Consultative Council Act 2011

[Act 732] shall not be less than the monthly contributions based on the amount of the minimum wages for the month as determined under the minimum wages order at the rate respectively set out in the Third

Schedule.

50 Laws of Malaysia

Any person being an employer who fails, within such period as may be prescribed by the Minister, to pay to the Fund any contributions which he is liable under this Act to pay in respect of or on behalf of any employee in respect of any month shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

Without prejudice to subsections (1) and (1A), an employer and an employee or either of them may, at any time elect to pay monthly contributions at a rate which exceeds the rate respectively set out in the

Third Schedule by one ringgit or a multiple of one ringgit subject to any maximum limit of monthly contributions set out in Third Schedule.

Notice of such election shall be given to the Board in such manner as may be prescribed by the Board and where any such notice has been given, this Act shall, in respect of any employer or employee who has elected as aforesaid, apply as if the rate of contribution which such employer or employee has elected to pay, were the rate respectively set out in the Third Schedule:

Provided that an election cannot be made to take effect retrospectively.

An employer and an employee or either of them may, at any time, revoke his election made under subsection (4).

Notice of such revocation shall be given to the Board in such manner as may be prescribed by the Board and where any such notice has been given, this Act shall, in respect of any employer or employee who has revoked as aforesaid, apply as if such employer or employee has not elected to pay the excess contribution:

Provided that a revocation cannot be made to take effect retrospectively.

In the event of the death of an employee, no contributions shall be due under this section by or on behalf of such employee in respect of the month during which such death occurs:

Provided that where any such contribution has been received it shall be paid into the Fund in accordance with section 50.

Employees Provident Fund 51

Notwithstanding subsection (1)—

The Board may, subject to any terms and conditions as prescribed by the Board, return—