Malaysia legislation
Section 122z
Seksyen 122z
(2)
Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Accommodation to comply with minimum standards.
122aa. An employer or a centralized accommodation provider shall ensure that every accommodation provided for employees complies with the minimum standards required under this Part or any subsidiary legislation made thereunder.
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Power of
Director to direct replacement, alteration and repair of accommodation and amenities.
122ab. (1) If the Director finds that any accommodation or amenities provided by an employer or a centralized accommodation provider to an employee does not comply with the minimum standards required under this Part, the Director may issue a notice to the employer or centralized accommodation provider, as the case may be, to direct the employer or centralized accommodation provider to replace, alter or repair the accommodation or amenities within the period as the Director may specify in the notice.
(2)
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1) shall be borne by the employer or centralized accommodation provider.
(3)
The employer or centralized accommodation provider shall not recover from the employee the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
(4)
Any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Power of
Director to direct employer or centralized accommodation provider to provide temporary accommodation.
122ac. (1) The Director may, if he thinks necessary for the safety and well-being of the employees, issue a notice to the employer or centralized accommodation provider, as the case may be, to further direct the employer or centralized accommodation provider to whom the direction has been given under subsection (1)
of section 122ab to provide the employees with temporary accommodation in the manner as may be determined by the Director in the course of replacement, alteration or repair of the accommodation or amenities.
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(2)
The Director may impose any condition to the employer or centralized accommodation provider relating to the temporary accommodation provided to the employees under subsection (1).
(3)
Section 122y shall not apply to temporary accommodation referred to in subsection (1).
(4)
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1), including the cost for transportation of employees from the accommodation to the temporary accommodation, rent of temporary accommodation and travelling of employees between his place of employment and the temporary accommodation shall be borne by the employer or centralized accommodation provider.
(5)
The employer or centralized accommodation provider shall not recover from the employees the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
(6)
Any person who contravenes subsection (1), (2), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Deductions in respect of rent or charge for accommodation.
122ad. (1) Subject to any conditions as may be prescribed by the Minister, an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Chapter.
Ordinan Buruh Sarawak (Pindaan)
(2)
The sum collected under subsection (1)
shall be made by deductions from the wages of the employee.
Accommodation to comply with any written laws.
122ae. (1) Notwithstanding section 122y, no employer or centralized accommodation provider shall use any building as accommodation if the building is unfit for human habitation in accordance with the relevant written laws.
(2)
Any employer or centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Amenities.
122af. An employer or a centralized accommodation provider shall provide decent and adequate amenities in accordance with this Part or any subsidiary legislation made thereunder.
Duties and responsibilities in respect of safety and health.
122ag. An employer or a centralized accommodation provider who provides accommodation for an employee under this
Chapter shall have the following duties and responsibilities:
(a)
to provide separate accommodation to employees of the opposite gender;
(b)
to take necessary preventive measures to ensure employees’ safety and well-being;
(c)
to take fire safety measures in accordance with the relevant written laws;
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(d)
to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
(e)
to ensure that the employees receive the necessary medical assistance;
and
(f)
to take preventive measures to contain the spread of infectious diseases as ordered by the Medical
Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense, make arrangements as ordered by the Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease.
Maintenance.
122ah. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Chapter is maintained as directed by the Director.
Appointment of person in charge of accommodation.
122ai. (1) An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation provided under this Chapter, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Part or any subsidiary legislation made thereunder.
(2)
It shall be the duty of the person in charge of accommodation—
(a)
to ensure that employees comply with any disciplinary rules as may be determined by the employer;
Ordinan Buruh Sarawak (Pindaan)
(b)
to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director in the place of employment; and
(c)
to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director in the place of employment.
Notice to vacate accommodation.
122aj. (1) Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’
notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
(2)
Notwithstanding subsection (1), an employee whose contract of service is terminated by less than four weeks’ notice or is terminated with immediate effect shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated.
Employer not obligated to provide accommodation for employees’
dependants.
122ak. Nothing in this Chapter shall render an employer obligated to provide accommodation for the dependants of an employee who is provided with accommodation under this
Chapter.
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Chapter XVe.
GENERAL PROVISIONS, APPEALS AND OFFENCES.
Minister may appoint any officer or any suitable person with powers and duties.
122al.
The Minister may, subject to such restrictions and conditions as may be determined, appoint any officer or any suitable person to carry out all or any of the powers conferred upon the Director by this Part and every duty so performed and every power so exercised shall be deemed to have been performed and exercised for the purposes of this Part.
Power to issue directions.
122am.
The Minister may issue such directions as he considers necessary for the purpose of ensuring compliance with this Part.
Power of
Director, etc.
to inspect, investigate and to issue summons.
122an. (1) The Director, Medical Officer of
Health or District Engineer shall have power at all times without the need for previous notice—
(a)
to enter and inspect any place of employment or any building which he believes is used by an employer for the housing of his employees or as a nursery or as a community hall;
(b)
to enter and inspect any place of employment or any building which he believes is used by an employer or centralized accommodation provider for the accommodation of the employees;
(c)
to enter and inspect any estate hospital, group estate hospital and clinic where employees are provided with medical attendance, care and treatment; and
Ordinan Buruh Sarawak (Pindaan)
(d)
to make such inquiry or investigation as he considers necessary in relation to any matter within the provisions of this Part.
(2)
In the course of an inspection under this Part, the Director, Medical Officer of
Health or District Engineer may—
(a)
put questions relating to matters covered under the provisions of this Part, either in private or in the presence of witnesses, as they may choose, to the owner or occupier of the place of employment, or his representative, to the employer of any employee employed thereat or his representative, to any person in charge of the employees, to the employees themselves and to any other person whose evidence he may consider necessary; and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;
(b)
require the employer to produce before him all or any of the employees employed by him together with any records, registers and documents relating to matters covered under the provisions of this Part including any contract of service, book of account of wages, register or any other document relating to such employees or their employment and to answer such questions in respect thereof as he may think fit to ask;
(c)
copy or make extracts from such record, contract of service, book of account of wages, register and any other document referred to in paragraph (b);
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(d)
take possession of such record, contract of service, book of account of wages, register and any other document where in his opinion—
(i)
the inspection, copying or the making of extracts from such record, contract of service, book of account of wages, register or any other document cannot reasonably be undertaken without taking possession of them;
(ii)
they may be interfered with or destroyed unless he takes possession of them; or
(iii)
they may be needed as evidence in any legal proceedings under this Part;
and
(e)
take samples of water supplies for examination and analysis.
(3)
As respects the power to inspect, inquire and investigate aforesaid, the Director may, by summons in the prescribed form, require any person, whom he has reason to believe to be able to give any information relevant to the matter in question, to give such information, and any person so summoned shall be bound to attend before the Director and to answer truthfully any question put to him by the
Director relating to the said matter.
(4)
Section 129 of this Ordinance shall apply to the service of a summons issued under this Part.
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Appeals.
122ao. (1) Subject to subsection (2), any employer or centralized accommodation provider aggrieved by any order or decision made under this Part or any subsidiary legislation made thereunder may, within thirty days of such order or decision in writing being received by him, appeal to the Minister.
(2)
An appeal against the order or decision of an officer appointed under subsection (1a)
of section 3 or any suitable person appointed under section 122al shall not be brought to the Minister unless and until such appeal shall have first been brought to the Director within the time stipulated in subsection (1).
(3)
The decision of the Minister in respect of an appeal under this section shall be final.
Failure to comply with order under section 122b,
122e, 122i,
122l or 122p.
122ap. Any employer who fails to comply with any order made under section 122b, 122e,
122i, 122l or 122p commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”.
Seksyen baharu 124ba dan 124bb