Malaysia legislation
Section 49
Section 49
Discharge of crew member
(1)
The discharge of a crew member from a Langkawi yacht shall comply with the prescribed procedures, which includes procedures to be followed in respect of crew members left behind in a port or place otherwise than by discharge from the yacht.
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(2)
Where a Langkawi yacht ceases to be registered in Langkawi under this Act, any crew member employed in the yacht shall be deemed to be discharged from the yacht whether or not he is actually discharged, unless he consents in writing to continue his employment in the yacht, in which case, sections 49A and 49B shall apply in relation to his wages as if the yacht had remained a
Langkawi yacht.
Payment of crew member’s wages 49A. (1) Where a crew member of a Langkawi yacht employed under a crew member agreement is discharged, the wages due to him under the agreement shall be paid to him in full at the time of his discharge.
(2)
If any amount payable to a crew member is not paid in accordance with subsection (1), the crew member shall be entitled to wages at the rate last payable under the crew member agreement for every day on which it remains unpaid during the period of fifty-six days following the time of discharge; and if any amount payable by virtue of this subsection remains unpaid after the end of that period, it shall carry interest at the rate of twenty per cent per annum.
(3)
Subsection (2) shall not apply if the failure to pay the wages was due to—
(a)
a reasonable dispute as to liability;
(b)
the act or default of the crew member; or
(c)
any other cause, not being the wrongful act or default of the persons liable to pay the crew member’s wages or of their servants or agents.
Account of wages 49B. (1) The master of every Langkawi yacht shall deliver to every crew member employed on the yacht under a crew member agreement an account of the wages due to him under that crew member agreement and of the deductions subject to which the wages are payable.
(2)
The account shall be delivered not later than twenty-four hours before the time of discharge of the crew member or, if he is discharged without notice or at less than twenty-four hours notice, at the time of his discharge.
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Langkawi International Yacht Registry