Section 44
Court order
of National Wages Consultative Council Act 2011
(1)
Where the employer has been convicted of an offence under section 43, the court before which he is convicted may order the employer to pay—
32 Laws of Malaysia
(a)
the difference between the minimum wages rate as specified in the minimum wages order and the basic wages paid by the employer to the employee, including the outstanding differences; and
(b)
other payments accrued from the calculation of wages based on the basic wages which shall be in accordance with the minimum wages rates as specified in the minimum wages order.
(2)
The calculation of the differences and other payments accrued under subsection (1) shall be made in accordance with the
Employment Act 1955, Sabah Labour Ordinance or Sarawak Labour
Ordinance, as the case may be.
(3)
Where an employer fails to comply with an order made under subsection (1), the court shall, on the application of the employee, issue a warrant to levy the employer’s property for the differences and other payments accrued under subsection (1) in the following manner:
(a)
by way of distress and sale of the employer’s property in accordance with the same procedure of execution under the Subordinate Courts Rules 1980 [P.U. (A) 328/80]
and this execution shall apply mutatis mutandis notwithstanding the amount in the order; or
(b)
in the same manner as a fine as provided under section 283 of the Criminal Procedure Code [Act 593].