Malaysia legislation
Section 49
Section 49
The Ordinance is amended by inserting after section 123b the following section:
“Court order for payments due to employee.
123ba. (1) Where an employer has been convicted of an offence relating to the payment of wages or any other payments payable to the employee under this Ordinance, the court before which he is convicted may order the employer to pay any payment due to the employee in relation to that offence.
(2)
Where an employer fails to comply with an order made under subsection (1), the court shall, on the application of the employee, issue a warrant to levy the employer’s property for any payments due under that subsection in the following manner:
(a)
by way of distress and sale of employer’s property in accordance with the same procedure of execution under the
Labour Ordinance of Sabah (Amendment)
71
Rules of Court 2012 [P.U. (A) 205/2012]
and this execution shall apply mutatis mutandis notwithstanding the amount in the order; or
(b)
in the same manner as a fine as provided under section 283 of the Criminal Procedure Code [Act 593].”.
Substitution of section 125a