Malaysia legislation
Section 101b
Section 101b
Where an offence under this Act has been committed by a body corporate, partnership, society or trade union—
(a)
in the case of a body corporate, any person who is a director, manager, or other similar officer of the body corporate at the time of the commission of the offence;
(b)
in the case of a partnership, every partner in the partnership at the time of the commission of the offence; and
(c)
in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence, shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union.
Presumption as to who is an employee and employer 101c. (1) In any proceeding for an offence under this Act, in the absence of a written contract of service relating to any category of employee under the First Schedule, it shall be presumed until the contrary is proved that a person is an employee—
(a)
where his manner of work is subject to the control or direction of another person;
(b)
where his hours of work are subject to the control or direction of another person;
(c)
where he is provided with tools, materials or equipments by another person to execute work;
(d)
where his work constitutes an integral part of another person’s business;
WJW23/0686 Act 265.indd 102 04/10/2023 5:25 PM
Employment 103
(e)
where his work is performed solely for the benefit of another person; or
(f)
where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income.
(2)
For the purpose of subsection (1), it shall be presumed until the contrary is proved that a person is an employer—
(a)
where he controls or directs the manner of work of another person;
(b)
where he controls or directs the hours of work of another person;
(c)
where he provides tools, materials or equipments to another person to execute work;
(d)
where the work of another person constitutes an integral part of his business;
(e)
where another person performs work solely for his benefit;
or
(f)
whether or not payment is made by him in return for work done for him by another person.
(3)
The first-mentioned person in subsection (2) includes the agent, manager or factor of such first-mentioned person.