Malaysia legislation

Section 13

of EMPLOYMENT (AMENDMENT) ACT 2022

Section 13

The principal Act is amended by inserting after section 41

the following section:

“Restriction on termination of pregnant female employee 41a.  (1)  Where a female employee is pregnant or is suffering from an illness arising out of her pregnancy, it shall be

Employment (Amendment)

9

an offence for her employer to terminate her services or give her notice of termination of service, except on the grounds of—

(a)

wilful breach of a condition of the contract of service under subsection 13(2);

(b)

misconduct under subsection 14(1); or

(c)

closure of the employer’s business.

(2)

Where the service of a female employee under subsection (1) is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.”.

Amendment of section 42