Malaysia legislation
Section 73
Seksyen 73
Ordinan dipinda dengan menggantikan Jadual dengan jadual yang berikut:
“First Schedule
[Subsection (1) of section 2]
(1)
Employee
(2)
Provision of the Ordinance Not
Applicable 1.
Any person who has entered into a contract of service 2.
Notwithstanding paragraph 1, the person whose wages exceeds four thousand ringgit a month
Definitions of “normal hours of work” and “overtime” in section 2, and subsections (6), (7), (8),
(9)
and (10) of section 104, and subsection (6) of section 105, and subsections (2), (3), (4) and (5) of section 105c, and section 105f, and paragraph (r) of subsection (2)
of section 130o
Ordinan Buruh Sarawak (Pindaan)
(1)
Employee
(2)
Provision of the Ordinance Not
Applicable 3.
Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which—
(a)
he is engaged in manual labour including such labour as an artisan or apprentice:
Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity, such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period
(b)
he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes
(c)
he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work
Undang-Undang Malaysia 86
Akta A1754
(1)
Employee
(2)
Provision of the Ordinance Not
Applicable
(d)
he is engaged in any capacity in any vessel registered in
Malaysia and who—
Definitions of “approved incentive payment scheme”, “hourly rate of pay”, “normal hours of work”,
“ordinary rate of pay” and
“overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 104, 105,
105a, 105b, 105c, 105d, 105e and 105ea, and subsection (2) of section 106
(i)
is not an officer certificated under the
Merchant Shipping Acts of the United Kingdom as amended from time to time
(ii)
is not the holder of a local certificate as defined in Part VII of the Merchant Shipping
O r d i n a n c e 1 9 5 2
[Ordinance 70/1952]
(iii)
has not entered into an agreement under
Part III of the Merchant
Shipping Ordinance 1952
(e)
he is engaged as a domestic employee
Definitions of “approved incentive payment scheme”, “hourly rate of pay”, “normal hours of work”,
“ordinary rate of pay” and
“overtime” in section 2, and subsections (3), (4) and (5) of section 2, and sections 11 and 12, and subsections (1) and (2) of section 14, and sections 58 and 59, and Chapter XIb, and sections 103,
104, 105, 105a, 105c, 105d, 105e,
105ea and 105f, and subsection (2)
of section 106, and sections 119a,
119c, 119d and 119e, and Part IVa
Ordinan Buruh Sarawak (Pindaan)
(1)
Employee
(2)
Provision of the Ordinance Not
Applicable 4.
For the purposes of this First
Schedule, “wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment”.
Jadual baharu Kedua dan Ketiga