Malaysia legislation

Section 57

of Labour Ordinance, 1952

Section 57

[Deleted by Act A1237.]

Duty to display notice board 58.

The owner of any—

(a)

estate of twenty hectares or more;

(b)

mine;

(c)

factory;

(d)

trade, business or manufacturing activity carried on in any premises, on or in which not less than five employees are employed shall, if such estate, mine, factory or premises are outside the limits of a City,

Municipality, Town Council, Town Board or other local authority, cause to be erected where practicable in a conspicuous place at or adjacent to the place where the access road to such estate, mine, factory or premises joins the main road or a railway or river, as the case may be, a notice board on which shall be set out in the national language the name of such estate, mine, factory, trade, business or manufacturing activity and the address of its registered or other office.

[Sub. Act A1237.]

For Reference Only

Sarawak Lawnet

45

Duty to keep registers 59.—

(1)

Every employer shall prepare and keep one or more registers containing such information regarding each employee employed by him as may be prescribed by rules made under this

Ordinance.

(2)

Every such register shall be preserved for such period that every particular recorded therein shall be available for inspection for not less than six years after the recording thereof.

(3)

Notwithstanding subsections (1) and (2), the Director, on a written application by an employer, may permit the employer to keep the information required under subsection (1) in any other manner as may be approved by the Director subject to such conditions as he may deem fit to impose.

[Sub. Act A1237.]

Power to make rules requiring information as to wages 59A. The Minister may, by rules made under this Ordinance, provide that every employer or any specified class or classes of employers shall make available, in such form and at such intervals as may be prescribed, to every employee employed by him or them or to such class or classes of employee as may be specified such particulars as may be specified relating to the wages of such employees or any of them.

[Ins. Act A1237.]

Duty to submit returns 60.—

(1)

The Director may by notification in the Gazette or by notice in writing require every employer or such class or classes of employers as may be specified, and every owner or occupier of land upon which employees are employed or such class or classes of owners or occupiers as may be specified, to forward to the Director at such times as he may direct a return or returns, in such form or forms as he may prescribe, giving such particulars relating to the employees of the employers, or to the employees employed on the land, as may be prescribed.

For Reference Only

Sarawak Lawnet 46

(2)

Notwithstanding the provisions of this Ordinance, the powers of the Director under subsection (1) extend to every employee employed under a contract of service irrespective of the monthly wages of the employee.

[Sub. Act A1237.]

Duty to give notice and other information 60A.—

(1)

Any person or employer who proposes—

(a)

to operate any agricultural, forestry or industrial undertaking or any establishment where any commerce, trade, profession or business of any description is carried on;

(b)

to take over or commence business in such undertaking or establishment; or

(c)

to change the name or the location of such undertaking or establishment, in which any employee is employed or is likely to be employed shall, within ninety days of such commencing of operation, taking over or commencing of business, or changing of the name or the location of the undertaking or establishment, as the case may be, give notice in writing of such proposal to the nearest office of the Director having administrative jurisdiction for the area in which that undertaking or establishment is located and furnish such office of the Director with—

(aa) the registered name, address and nature of business of;

(ab) the name of the manager or person in charge of; and

(ac) a statement of the categories and total number of employees employed in, that undertaking or establishment.

(2)

For the purposes of this section, the expressions

“commencing of operation” and “commencing of business” each means the date on which the undertaking or establishment is registered under any written law, or the date on which the first employee is employed in furtherance of the undertaking or commerce, trade, profession or business in such establishment, whichever is earlier.

For Reference Only

Sarawak Lawnet

47

(3)

Where any undertaking or establishment as is referred to in subsection (1) is already in operation or has commenced business, such notice shall be given within ninety days of the coming into force of this section.

[Ins. Act A1237.]