Malaysia legislation

Section 59

of *EMPLOYMENT INSURANCE SYSTEM ACT 2017

Section 59

(a)

whether any person is an employee within the meaning of this Act;

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(b)

whether an employer or employee is liable to pay contribution;

(c)

whether any activity carried out by any person is an industry within the meaning of this Act;

(d)

whether an insured person has lost an employment in accordance with this Act;

(e)

the wages or assumed monthly wages of an insured person for the purposes of this Act;

(f)

the rate of contribution payable by an employer in respect of his employee;

(g)

whether a person is or was an employer in respect of any employee;

(h)

the entitlement of any insured person to any benefit including the amount and duration of the benefit;

(i)

any claim by the Organization to recover any arrears of contributions from an employer;

(j)

any decision, order or direction made or issued by the

Organization under this Act;

(k)

any claim by the Organization against any person to recover any benefit which has been paid out not in accordance with this Act;

(l)

any claim by the Organization against a training provider for any payment made by the Organization which has been paid to the training provider by mistake or fraudulently claimed by the training provider; or

(m)

any other matter which is in dispute—

(i)

between an employer and the Organization;

50 Laws of Malaysia

(ii)

between an insured person and the Organization;

(iii)

between a training provider and the Organization;

(iv)

between an insured person and an employer; or

(v)

between an insured person or employer and a training provider.

(2)

Any question, dispute, claim or appeal by an insured person, employer, training provider or any person in relation to any matter under this Act shall be filed to the Appellate Board for decision.

(3)

No civil court shall have jurisdiction to decide or deal with any question, dispute, claim or appeal referred to in subsection (1), or to adjudicate on any liability which is to be decided by the Appellate

Board under this Act or any regulations under this Act.

Institution of proceedings, etc.