Section 130J

makes to any employee any advance of wages in excess of that permitted under section 103;

contravenes any of the provisions of section 105B;

fails to pay the wages or indemnity due to any employee within the time prescribed in section 109;

pays wages, imposes any condition in a contract of service or makes any deduction or receives any payment in contravention of section 110, 111, 111A, 113 or 115;

makes deductions from the wages of an employee other than such deductions as are authorized by section 114;

gives any remuneration for services or receives any payment from an employer contrary to the provisions of this

Ordinance;

fails to comply with any order of the Director;

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Sarawak Lawnet

101

provides any employee as part of the terms of his contract of service with any amenity or service or any intoxicating liquor in contravention of section 117; or

requires any employee to work on any occasion or under any circumstances which it is unlawful for him to require such employee to work, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave and sick leave 130K.—

(1)

Any employer who fails to pay to any of his employees wages for work done by his employee on a rest day or pays wages less than the rate provided under section 105C, 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 work done on every rest day at the rate provided under section 105C, and the amount of such wages shall be recoverable as if it were a fine imposed by such court.

Any employer who fails to pay to any of his employees any overtime wages as provided under this Ordinance 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.

Any employer who fails to pay to any of his employees wages as provided under section 104, 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 104, 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.

For Reference Only

Sarawak Lawnet 102

Any employer who fails to grant to any of his employees annual leave or any part thereof as provided under section 105D, 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 105E, 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 105E, and the amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.