Employment Insurance System Act 2017 · Updated to 1 Sep 2022 · Part X · General
88. Offences by body corporate, etc.
Feedback & supportIf an employer who is a body corporate, partnership or society commits an offence under this Act—
employer
“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;
in the case of a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate;
64 Laws of Malaysia
in the case of a partnership, every partner in the partnership at the time of the commission of the offence;
or
in the case of a society, every office-bearer of the society at the time of the commission of the offence, may be charged severally or jointly in the same proceedings with the body corporate, partnership or society.
If the body corporate, partnership or society is found to have committed the offence, the director, manager, secretary or other similar officer of the body corporate, the partner in the partnership or the office-bearer of the society referred to in subsection (1) shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
that the offence was committed without his knowledge, consent or connivance; and
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.