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Employment Insurance System Act 2017 · Updated to 1 Sep 2022 · Part VIII · Social Security Appellate Board

59. Matters to be decided by Appellate Board

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(1)

The Appellate Board shall have the power to decide in respect of any question, dispute, claim or appeal referred to the

Appellate Board by any person relating to the following matters:

(a)

whether any person is an employee within the meaning of this Act;

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(b)

whether an employer or employee is liable to pay contribution;

(c)

whether any activity carried out by any person is an industry within the meaning of this Act;

(d)

whether an insured person has lost an employment in accordance with this Act;

(e)

the wages or assumed monthly wages of an insured person for the purposes of this Act;

(f)

the rate of contribution payable by an employer in respect of his employee;

(g)

whether a person is or was an employer in respect of any employee;

(h)

the entitlement of any insured person to any benefit including the amount and duration of the benefit;

(i)

any claim by the Organization to recover any arrears of contributions from an employer;

(j)

any decision, order or direction made or issued by the

Organization under this Act;

(k)

any claim by the Organization against any person to recover any benefit which has been paid out not in accordance with this Act;

(l)

any claim by the Organization against a training provider for any payment made by the Organization which has been paid to the training provider by mistake or fraudulently claimed by the training provider; or

(m)

any other matter which is in dispute—

(i)

between an employer and the Organization;

50 Laws of Malaysia

(ii)

between an insured person and the Organization;

(iii)

between a training provider and the Organization;

(iv)

between an insured person and an employer; or

(v)

between an insured person or employer and a training provider.

(2)

Any question, dispute, claim or appeal by an insured person, employer, training provider or any person in relation to any matter under this Act shall be filed to the Appellate Board for decision.

(3)

No civil court shall have jurisdiction to decide or deal with any question, dispute, claim or appeal referred to in subsection (1), or to adjudicate on any liability which is to be decided by the Appellate

Board under this Act or any regulations under this Act.

Terms defined in s 3

Appellate Board
Defined · s 3
“Appellate Board” means the Social Security Appellate Board constituted under section 83 of the Employees’ Social Security Act 1969;
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benefit
Defined · s 3
“benefit” means a job search allowance, an early re-employment allowance, a reduced income allowance, a training allowance and a training fee;
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contribution
Defined · s 3
“contribution” means the sum of money payable to the Organization by an employer in respect of an insured person and includes any amount payable by or on behalf of the insured person in accordance with this Act;
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employee
Defined · s 3
“employee” means a person who is employed for wages under a contract of service or apprenticeship with an employer, whether the contract is expressed or implied or is oral or in writing, on or in connection with the work of an industry to which this Act applies;
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employer
Defined · s 3
“employer” means the owner of an industry or the person with whom an employee has entered into a contract of service or apprenticeship and includes— (a) a manager, an agent or a person responsible for the payment of wages to the employee; and (b) the legal representative of the owner of the industry or such person;
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industry
Defined · s 3
“industry” includes any business, trade, undertaking, manufacture or calling of employers, and includes any calling, services, handicraft or industrial occupation of employees;
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insured person
Defined · s 3
“insured person” means an employee who is registered under section 16 or deemed to have been registered under section 17 in respect of whom contributions are or have been paid, or are payable;
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Organization
Defined · s 3
“Organization” has the meaning assigned to it in the Employees’ Social Security Act 1969; Employment Insurance System 13
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System
Defined · s 3
“System” means the Employment Insurance System established under section 4;
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training provider
Defined · s 3
“training provider” means any person who has a training facility to carry out trainings for the purposes of re-employment placement programme;
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wages
Defined · s 3
“wages” means all remunerations payable in money by an employer to an employee including any payment in respect of leave, holidays, overtime and extra work on holidays but does not include— Employment Insurance System 11 (a) any contributions payable by the employer to any pension fund, social security fund or provident fund; (b) any traveling allowance or the value of any traveling concession; (c) any sum paid to the employee to pay for special expenses incurred as a result of his employment; (d) any gratuity payable on discharge or retirement; (e) any annual bonus; (f) any benefit under any other written law administered by the Organization; and (g) any other remuneration as prescribed;
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Report

Read on from s 60

Part IX

Employment Services Officer, Enforcement and Investigation

Read on from Part IX

Part X

General

Read on from Part X