Malaysia legislation
Section 75
Section 75
[Deleted by Act A1237.]
For Reference Only
Sarawak Lawnet 52
Power to prescribe minimum wages after inquiry 75A.—
(1)
If representation is made to the Minister that the wages of children or young persons in any class of work in any area are not reasonable, having regard to the nature of the work and conditions of employment obtaining in such class of work, the
Minister may, if he considers it expedient, direct an inquiry.
(2)
For the purpose of such inquiry, the Minister shall appoint a Board consisting of an independent member who shall be chairman and an equal number of representatives of employers and employees.
(3)
The Board shall, after holding the inquiry, report to the
Minister its findings and recommendations; and the Minister may, after considering the report of the Board, make an order prescribing the minimum rates of wages to be paid to children or young persons or to both, employed in the class of work in the area.
(4)
Upon publication of such order, it shall not be lawful for any employer to pay any child or young person to whom the order applies, wages below the minimum rates specified in the order.
Contractual capacity in Act 136 75B.
Notwithstanding anything to the contrary contained in the
Contracts Act 1950 [Act 136] or the provisions of any other written law, any child or young person shall be competent to enter into a contract of service under this Ordinance otherwise than as an employer, and may sue as plaintiff without his next friend or defend any action without a guardian ad litem:
Provided that no damages and no indemnity under section 13 of this Ordinance shall be recoverable from a child or young person for a breach of any contract of service.
[Ins. Act A1237.]
For Reference Only
Sarawak Lawnet
53
CHAPTER XIA
EMPLOYMENT OF WOMEN
Prohibition of night work 76.—
(1)
Except in accordance with rules made under this
Ordinance or any exemption granted under the proviso to this subsection, no employer shall require any female employee to work in any agricultural, forestry or industrial undertaking between the hours of ten o’clock in evening and five o’clock in the morning nor commence work for the day without having had a period of eleven consecutive hours free from such work:
Provided that the Director may, on application made to him in any particular case, exempt in writing any female employee or class of female employees from any restriction in this subsection, subject to any conditions he may impose.
(2)
Any person—
(a)
who is affected by any decision made or condition imposed under the proviso to subsection (1); and
(b)
who is dissatisfied with such decision or condition, may within thirty days of such decision or condition being communicated to him appeal in writing to the Minister.
(3)
In deciding any appeal made to him under subsection (2), the Minister may make such decision or order, including the alteration or removal of any condition imposed or the imposition of any further condition, as appears just and such decision or order shall be final.
Emergencies 77.
In any serious emergency when the public interest demands it, the Minister may by order suspend the operation of section 76 in so far as they affect women.