Section 69
Section 69
The Director General may inquire into and decide any dispute between an employee and his employer in respect of wages or any other payments in cash due to such employee under—
(a)
any term of the contract of service between such employee and his employer;
(b)
any of the provisions of this Act or any subsidiary legislation made thereunder; or
(c)
the provisions of the *Wages Councils Act 1947 [Act 195]
or any order made thereunder, and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount thereof.
*NOTE—The Wages Councils Act 1974 [Act 195] has been repealed by National Wages
Consultative Council Act 2011 [Act 732]—see Act 732, subsection 58(1) and section 60.
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Act 265
(2)
The powers of the Director General under subsection (1)
shall include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by—
(i)
an employee against any person liable under section 33;
(ii)
a contractor for labour against a principal, contractor or sub-contractor for any sum which the contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or sub-contractor; or
(iii)
an employer against his employee in respect of indemnity due to such employer under subsection 13(1), and to make such consequential orders as may be necessary to give effect to his decision.
(3)
In addition to the powers conferred by subsections (1)
and (2), the Director General may inquire into and confirm or set aside any decision made by an employer under subsection 14(1)
and the Director General may make such consequential orders as may be necessary to give effect to his decision:
Provided that if the decision of the employer under paragraph 14(1)(a) is set aside, the consequential order of the
Director General against such employer shall be confined to payment of indemnity in lieu of notice and other payments that the employee is entitled to as if no misconduct was committed by the employee:
Provided further that the Director General shall not set aside any decision made by an employer under paragraph 14(1)
(c)
if such decision has not resulted in any loss in wages or other payments payable to the employee under his contract of service:
And provided further that the Director General shall not exercise the power conferred by this subsection unless the employee has made a complaint to him under the provisions of this Part within sixty days from the date on which the decision under section 14 is communicated to him either orally or in writing by his employer.
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Employment 77
(3a)
An order made by the Director General for the payment of money under this section shall carry interest at the rate of eight per centum per annum, or at such other rate not exceeding eight per centum per annum as the Director General may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the order until the day the order is satisfied:
Provided that the Director General, on an application by an employer made within thirty days from the date of the making of the order, if he is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.
(4)
Any person who fails to comply with any decision or order of the Director General made under this section commits an offence and shall be liable, on conviction, to a fine not exceeding
*fifty thousand ringgit; and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding **one thousand ringgit for each day the offence continues after conviction.
Limitation on power conferred by section 69 69a. (1) Notwithstanding section 69, the Director General shall not inquire into, hear, decide or make any order in respect of any claim, dispute or purported dispute which, in accordance with the
Industrial Relations Act 1967—
(a)
is pending in any inquiry or proceeding under that Act;
(b)
has been decided upon by the Minister under subsection 20(3) of that Act; or
(c)
has been referred to, or is pending in any proceedings before, the Industrial Court.
*NOTE—Previously “ten thousand ringgit”—see subparagraph 28(b)(i) of the Employment
(Amendment) Act 2022 [Act A1651].
**NOTE—Previously “one hundred ringgit”—see subparagraph 28(b)(ii) of the Employment
(Amendment) Act 2022 [Act A1651].
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Act 265 69b–69e. (Deleted by Act A1651).
Discrimination in employment 69f. (1) The Director General may inquire into and decide any dispute between an employee and his employer in respect of any matter relating to discrimination in employment, and the Director
General may, pursuant to such decision, make an order.
(2)
An employer who fails to comply with any order of the Director General issued under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit; and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.