Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“apprenticeship contract” means a written contract entered into by a person with an employer who undertakes to employ the person and train or have him trained systematically for a trade for a specified period approved by the Chief Executive in the course of which the apprentice is bound to work in the employer’s service;
“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 agrees to serve his employer as an employee, and includes an apprenticeship contract;
“Fund” means the Human Resources Development Fund established under section 22;
“Board” means the board of directors of the Corporation;
“levy” means the human resources development levy imposed under section 14 or 15;
“employer” means any person who has entered into a contract of service to employ any other person as an employee, and includes an agent, manager or factor of such first-mentioned person;
“Minister” means the Minister charged with the responsibility for human resources;
“authorized officer” means an authorized officer appointed under section 28;
“Officer in Charge” means the Officer in Charge appointed by the Minister under section 28;
“employee” means any citizen of Malaysia who is employed for wages under a contract of service with an employer, but does not include any domestic servant;
“trainee” means a person who is undergoing a practical training programme at an employer’s premises;
Pembangunan Sumber Manusia Berhad 9
“training provider” means any body corporate or other body of persons involved in the training or development of human resources;
“apprentice” means a person who is undergoing a skill training in a particular field through an apprenticeship contract with an employer and is bound to work in the employer’s service;
“Corporation” means the Pembangunan Sumber Manusia Berhad referred to in section 3;
“employers’ association” means any association of employers formed with the object of safeguarding the interests of employers and whose members or any of its members are registered with the Corporation;
“appointed date” means the date appointed by the Minister under subsection 1(3);
“wages” means the basic salary and fixed allowances or other emoluments of a like nature paid in cash by or on behalf of an employer to an employee, and includes any leave pay and arrears of wages but does not include—
(a)
any contribution paid by an employer on his own account to any pension fund, provident fund, superannuation scheme, retrenchment, termination, lay-off or retirement scheme, thrift scheme or any other fund or scheme established for the benefit or welfare of the employee;
(b)
any travelling allowance or the value of any travelling concession;
(c)
any sum payable to the employee to defray special expenses entailed on him by the nature of his employment;
(d)
any gratuity payable on discharge or retirement;
(e)
any bonus or commission; or
(f)
any allowances paid to an apprentice under apprenticeship contract;
“monthly wages” means the wages paid by an employer to an employee for the whole or part of the month during which the employee is employed by the employer.
Act 612