Malaysia legislation
Section 95
Section 95
(2)
A seafarer’s right to wages and provisions shall be taken to begin either at the time specified in the seafarer employment contract for his commencement of work or presence on board the ship, whichever occurs first.
(3)
Wages for work done on a gazetted public holiday prescribed under the Holidays Act 1951 [Act 369]
and overtime as stipulated in the employment contract shall be paid not later than the last day of the next wage period.
(4)
Every seafarer shall be given a monthly account of payments due, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to as specified in the employment contract, and the amounts paid.
(5)
The wages shall be paid until the seafarer has been effectively repatriated to a place identified in the seafarer employment contract.
(6)
The wages, less lawful deductions, earned by but not yet paid to a seafarer whose contract of employment terminates in accordance with section 85
shall be paid to the seafarer not later than the day on which the contract of employment is terminated.
(7)
A seafarer employment contract shall be deemed to be broken by an owner if he fails to pay wages in accordance with this section.
(8)
Any owner who—
(a)
fails to pay the wages or indemnity due to any seafarer within the time prescribed under this Part; or
Merchant Shipping Ordinance (Amendment)
(b)
makes deduction from the wages of seafarers other than the deduction authorized under this Part, commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit.
Mode of payment of wages.