Malaysia legislation
Section 121y
Seksyen 121y
In this Chapter—
“accommodation” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation and includes centralized accommodation;
“centralized accommodation” means any building used for the housing of employees employed by one or more employers;
“centralized accommodation provider”
means any person who provides and manages a centralized accommodation and supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees;
“person in charge of accommodation”
means any person appointed by an employer or centralized accommodation provider to be responsible for the management of the accommodation, and safety and health of the employees and other amenities in the accommodation.
Requirement for accommodation. 121z. (1) The Minister may prescribe any class, category or description of employees that shall be provided with accommodation under this Chapter.
(2)
All employers, whose class, category or description of employees is prescribed by the Minister, shall provide such employees with accommodation.
58
Undang-Undang Malaysia
Akta A1753
(3)
Any employer who fails to provide accommodation or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Functions and powers of Director in relation to accommodation.
121aa. (1) For the purposes of this Chapter, the Director shall have the following functions:
(a)
to administer and regulate all matters relating to an accommodation;
(b)
to direct employer or centralized accommodation provider to submit any information and documents relating to an employee’s accommodation;
(c)
to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation;
(d)
t o i s s u e a C e r t i f i c a t e f o r
Accommodation; and
(e)
to do anything incidental to any of his functions under this Chapter.
(2)
The Director shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Chapter.
(3)
The Director may, in issuing directions to any employer or centralized accommodation provider pursuant to the exercise of his functions
Ordinan Buruh Sabah (Pindaan)
59
and powers under subsection (1) or (2), direct that any expenses incurred in complying with such direction to be borne by the employer or the centralized accommodation provider.
Accommodation to be certified with
Certificate for
Accommodation.
121ab. (1) No accommodation shall be provided to an employee unless certified with a Certificate for Accommodation.
(2)
An application for a Certificate for
Accommodation shall be made by an employer or a centralized accommodation provider to the Director in the form and manner as may be determined by the Director and shall be accompanied by the prescribed processing fee.
(3)
An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
(4)
A centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Employer to give notice of occupation.
121ac. (1) An employer shall, within thirty days from the date an accommodation is occupied by his employee, inform the Director of such occupation in the form and manner as may be determined by the Director.
(2)
Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
60
Undang-Undang Malaysia
Akta A1753
Accommodation to comply with minimum standards.
121ad. An employer or a centralized accommodation provider shall ensure that every accommodation provided for employees complies with the minimum standards required under this Part or any subsidiary legislation made thereunder.
Power of
Director to direct replacement, alteration and repair of accommodation and amenities.
121ae. (1) If the Director finds that any accommodation or amenities provided by an employer or a centralized accommodation provider to an employee does not comply with the minimum standards required under this Part, the Director may issue a notice to the employer or centralized accommodation provider, as the case may be, to direct the employer or centralized accommodation provider to replace, alter or repair the accommodation or amenities within the period as the Director may specify in the notice.
(2)
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1) shall be borne by the employer or centralized accommodation provider.
(3)
T h e e m p l o y e r o r c e n t r a l i z e d accommodation provider shall not recover from the employee the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
(4)
A n y p e r s o n w h o c o n t r a v e n e s subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Ordinan Buruh Sabah (Pindaan)
61
Power of
Director to direct employer or centralized accommodation provider to provide temporary accommodation.
121af. (1) The Director may, if he thinks necessary for the safety and well-being of the employees, issue a notice to the employer or centralized accommodation provider, as the case may be, to further direct the employer or centralized accommodation provider to whom the direction has been given under subsection (1) of section 121ae to provide the employees with temporary accommodation in the manner as may be determined by the Director in the course of replacement, alteration or repair of the accommodation or amenities.
(2)
The Director may impose any conditions to the employer or centralized accommodation provider relating to the temporary accommodation provided to the employees under subsection (1).
(3)
Section 121ab shall not apply to temporary accommodation referred to in subsection (1).
(4)
All expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1), including the cost for transportation of employees from the accommodation to the temporary accommodation, rent of temporary accommodation and travelling of employees between his place of employment and the temporary accommodation shall be borne by the employer or centralized accommodation provider.
(5)
T h e e m p l o y e r o r c e n t r a l i z e d accommodation provider shall not recover from the employees the expenses incurred by the employer or centralized accommodation provider in complying with the direction given under subsection (1).
62
Undang-Undang Malaysia
Akta A1753
(6)
A n y p e r s o n w h o c o n t r a v e n e s subsection (1), (2), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Deductions in respect of rent or charge for accommodation.
121ag. (1) Subject to any conditions as may be prescribed by the Minister, an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Chapter.
(2)
The sum collected under subsection (1)
shall be made by deductions from the wages of the employee.
Accommodation to comply with the laws of local authorities.
121ah. (1) Notwithstanding section 121ab, no employer or centralized accommodation provider shall use any building as accommodation if the building is unfit for human habitation in accordance with the relevant written laws.
(2)
A n y e m p l o y e r o r c e n t r a l i z e d accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Amenities.
121ai. An employer or a centralized accommodation provider shall provide decent and adequate amenities in accordance with this Part or any subsidiary legislation made thereunder.
Ordinan Buruh Sabah (Pindaan)
63
Duties and responsibilities in respect of safety and health.
121aj. An employer or a centralized accommodation provider who provides accommodation for an employee under this Chapter shall have the following duties and responsibilities:
(a)
to provide separate accommodation to employees of the opposite gender;
(b)
to take necessary preventive measures to ensure employees’ safety and well-being;
(c)
to take fire safety measures in accordance with the relevant written laws;
(d)
to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
(e)
to ensure that the employees receive the necessary medical assistance; and
(f)
to take preventive measures to contain the spread of infectious diseases as ordered by the Medical Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense, make arrangements as ordered by the
Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease.
Maintenance.
121ak. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Chapter is maintained as directed by the Director.
64
Undang-Undang Malaysia
Akta A1753
Appointment of person in charge of accommodation.
121al. (1) An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation provided under this Chapter, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Part or any regulations made thereunder.
(2)
It shall be the duty of the person in charge of accommodation—
(a)
to ensure that employees comply with any disciplinary rules as may be determined by the employer;
(b)
to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director in the place of employment; and
(c)
to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director in the place of employment.
Notice to vacate accommodation. 121am. (1) Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
(2)
Notwithstanding subsection (1), an employee whose contract of service is terminated by less than four weeks’ notice or is terminated with immediate effect shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated.
Ordinan Buruh Sabah (Pindaan)
65
Employer not obligated to provide accommodation for employees’
dependants.
121an. Nothing in this Chapter shall render an employer obligated to provide accommodation for the dependants of an employee who is provided with accommodation under this Chapter.
Chapter XVd.
Regulations.
Power to make regulations.
121ao. (1) The Minister may, upon consultation with the State Authority, make such regulations as may be necessary or expedient for giving full effect to the provisions of this Part, or for the further, better or more convenient implementation of the provisions of this Part.
(2)
Without prejudice to the generality of subsection (1), regulations may be made—
(a)
to prescribe the minimum requirements for various classes of buildings
(including temporary buildings)
to be used for the housing of employees, or as nurseries or community halls, the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
(b)
to prescribe the minimum requirements for various classes of buildings to be used for the accommodation and centralized accommodation of employees and the minimum sanitary requirements, water supplies, potable water supplies and electricity supplies and other matters pertaining to health in respect of such buildings;
66
Undang-Undang Malaysia
Akta A1753
(c)
to prescribe any class, category or description of employees that is required to be provided with accommodation under Chapter XVc;
(d)
to prescribe the maximum rental or charges for accommodation that may be collected under Chapter XVc;
(e)
to prescribe the minimum equipment and staff for nurseries and the type and amount of milk, play equipment and play activity programmes to be provided for the dependants accommodated therein under section 121i;
(f)
to prescribe, in consultation with the Minister of Health—
(i)
as regards clinics, the minimum equipment, surgical and medical appliances, drugs, staff and the types of services t o b e p r o v i d e d a n d the registers and records to be kept; and
(ii)
as regards water supply, the manner in which water is to be filtered and treated;
(g)
t o p r e s c r i b e t h e p r o c e d u r e for the submission and approval of plans of buildings and their sites;
(h)
to prescribe the form of any register, summons or order required to be kept, issued or made under this Part; and
(i)
to prescribe anything which may be prescribed under this Part.
Ordinan Buruh Sabah (Pindaan)
67
Chapter XVe.
General provisions, appeals and offences.
Minister may appoint any suitable person with powers and duties.
121ap. The Minister may, subject to such restrictions and conditions as may be determined, appoint any suitable person to carry out all or any of the powers conferred upon the Director by this Part and every duty so performed and every power so exercised shall be deemed to have been performed and exercised for the purposes of this Part.
Power to issue directions.
121aq. The Minister may issue such directions as he considers necessary for the purpose of ensuring compliance with this Part.
Power of
Director, etc.
to inspect, investigate and to issue summons.
121ar. (1) The Director, Medical Officer of Health or District Engineer shall have power at all times without the need for previous notice—
(a)
to enter and inspect any place of employment or any building which he believes is used by an employer for the housing of his employees or as a nursery or as a community hall;
(b)
to enter and inspect any place of employment or any building which he believes is used by an employer or centralized accommodation provider for the accommodation of the employees;
(c)
to enter and inspect any estate hospital, group estate hospital and clinic where employees are provided with medical attendance, care and treatment; and
(d)
to make such inquiry or investigation as he considers necessary in relation to any matter within the provisions of this Part.
68
Undang-Undang Malaysia
Akta A1753
(2)
In the course of an inspection under this Part, the Director, Medical Officer of Health or District Engineer may—
(a)
put questions relating to matters covered under the provisions of this Part, either in private or in the presence of witnesses, as they may choose, to the owner or occupier of the place of employment, or his representative, to the employer of any employee employed thereat or his representative, to any person in charge of the employees, to the employees themselves and to any other person whose evidence he may consider necessary; and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;
(b)
require the employer to produce before him all or any of the employees employed by him together with any records, registers and documents relating to matters covered under the provisions of this Part including any contract of service, book of account of wages, register or any other document relating to such employees or their employment and to answer such questions in respect thereof as he may think fit to ask;
(c)
copy or make extracts from such record, contract of service, book of account of wages, register and any other document referred to in paragraph (b);
Ordinan Buruh Sabah (Pindaan)
(d)
take possession of such record, contract of service, book of account of wages, register and any other document where in his opinion—
(i)
the inspection, copying or the making of extracts from such record, contract of service, book of account of wages, register or any other document cannot reasonably be undertaken without taking possession of them;
(ii)
they may be interfered with or destroyed unless he takes possession of them; or
(iii)
they may be needed as evidence in any legal proceedings under this Part;
and
(e)
take samples of water supplies for examination and analysis.
(3)
As respects the power to inspect, inquire and investigate aforesaid, the Director may by summons in the prescribed form require any person, whom he has reason to believe to be able to give any information relevant to the matter in question, to give such information, and any person so summoned shall be bound to attend before the Director and to answer truthfully any question put to him by the Director relating to the said matter.
(4)
Section 129 of this Ordinance shall apply to the service of a summons issued under this Part.
70
Undang-Undang Malaysia
Akta A1753
Appeals.
121as. (1) Subject to subsection (2), any employer or centralized accommodation provider aggrieved by any order or decision made under this Part or any regulations made thereunder may, within thirty days of such order or decision in writing being received by him, appeal to the Minister.
(2)
An appeal against the order or decision of an officer appointed under subsection (1a)
of section 3 or any suitable person appointed under section 121ap shall not be brought to the Minister unless and until such appeal shall have first been brought to the Director within the time stipulated in subsection (1).
(3)
The decision of the Minister in respect of an appeal under this section shall be final.
Failure to comply with order under section 121d,
121g, 121k,
121n or 121r.
121at. Any employer who fails to comply with any order made under section 121d, 121g,
121k, 121n or 121r commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.
Failure to comply with section 121s or 121t.
121au. Any resident manager who fails to comply with section 121s or with any requirement of the Medical Officer of Health under section 121t commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.”.
Ordinan Buruh Sabah (Pindaan)
71
Seksyen baharu 122a