Minimum Retirement Age Act 2012 · Updated to 1 Nov 2016 · Part III · Complaints and Inquiries
11. Non-compliance with direction of Director General
Feedback & supportAn employer who fails to comply with the direction of the
employer
“employer” means any person who has entered into a contract of service to employ another person as an employee and includes an agent, a manager or factor of the first-mentioned person;
Director General under paragraph 8(5)(b) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
If an employer has been convicted of an offence under subsection (1), the court before which the employer has been convicted may order the employer to pay to the employee the amount directed by the Director General to be paid under paragraph 8(5)(b).
employee
“employee” means any person who has entered into, and works under, a contract of service with an employer irrespective of his wages but does not include the person specified in the Schedule;
If an employer fails to comply with an order made under subsection (2), the court may, on the application of an employee, issue a warrant to levy the employer’s property for the amount ordered to be paid under subsection (2) in the following manner:
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.
328/1980]
and this execution shall apply mutatis mutandis notwithstanding the amount ordered to be paid; or
in the same manner as a fine as provided under section 283 of the Criminal Procedure Code [Act 593].
*NOTE— The Subordinate Courts Rules 1980 [P.U.
328/1980] was repealed by the Rules of Court 2012 [P.U. (A) 205/2012]
12 Laws of Malaysia ACT 753