Section 100

Any employer who fails to pay to any of his employees any overtime wages as provided under this Act or any subsidiary legislation made thereunder commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the overtime wages due, and the amount of overtime wages so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

*NOTE—Previously “ten thousand ringgit”—see section 43 of the Employment (Amendment)

Act 2022 [Act A1651].

WJW23/0686 Act 265.indd 99 04/10/2023 5:25 PM

Act 265

Any employer who fails to pay to any of his employees wages as provided under section 60d, commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the wages due for any work done on any such holiday at the rate provided under section 60d, and the amount of wages so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

Any employer who fails to grant to any of his employees annual leave or any part thereof as provided under section 60e commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the ordinary rate of pay in respect of every day of such leave not so granted, the payment so ordered being in addition to the wages payable to the employee for the work done on any such day, and the amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

Any employer who fails to grant sick leave, or fails to pay sick leave pay, to any of his employees, as provided under section 60f commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the sick leave pay for every day of such sick leave at the rate provided under section 60f, and the amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

Offence in connection with inquiry or inspection