Malaysia legislation

Section 84

of *EMPLOYEES' SOCIAL SECURITY ACT 1969

Section 84

(a)

whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee’s contribution;

(b)

the rate of wages or average daily wages of an employee for the purposes of this Act;

(c)

the rate of contribution payable by a principal employer in respect of any employee;

(d)

a person who is or was the principal employer in respect of any employee;

(e)

the right of any person to any benefit and as to amount and duration of it;

(f)

any direction issued by the Organization under sections 35

and 36 on a review of any payment of invalidity pension or dependants’ benefits or survivors’ pension respectively; or

(g)

(Deleted by Act A590);

(h)

any other matter which is in dispute between a principal employer and the Organization, or between a principal employer and an immediate employer, or between a person and the Organization or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this Act, or any other matter required to be or which may be decided by the Board under this Act, such question or dispute subject to subsection (3) shall be decided by the Board in accordance with this Act.

(2)

Subject to subsection (3), the following claims shall be decided by the Board, namely:

80

(a)

claim for the recovery of contributions from the principal employer;

(b)

claim by a principal employer to recover contributions from any immediate employer;

(c)

(Deleted by Act A590);

(d)

claim against a principal employer under section 48;

(e)

claim under section 50 for the recovery of the value of amount or the benefits received by a person when he is not lawfully entitled thereto; and

(f)

any claim for the recovery of any benefit admissible under this Act.

(3)

If in any proceedings before the Board an invalidity or disablement question arises and the decision of a medical board or appellate medical board has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Board, the Board shall direct the

Organization to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the appellate medical board.

(4)

No Civil Court shall have jurisdiction to decide or deal with any question or dispute mentioned in subsections (1) and (2) or to adjudicate on any liability which, by or under this Act, is to be decided by the Board.

(5)

No Civil Court shall have jurisdiction to decide or deal with any question or dispute which, by or under this Act, is to be decided by a medical board or by an appellate medical board.

Employees’ Social Security 81

Institution of proceedings, etc.

Section 84 — EMPLOYEES' SOCIAL SECURITY ACT 1969 | mylaw.my