Malaysia legislation
Section 66
Section 66
The Ordinance is amended by inserting after section 130n the following sections:
“Offences by body corporate, etc.
130na. Where any person who commits an offence under this Ordinance is a company, limited liability partnership, firm, society, trade union or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership,
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firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or the body of persons; and
(b)
if the company, limited liability partnership, firm, society or the body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge; or
(ii)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Presumption as to who is employee and employer.
130nb. (1) In any proceeding under this
Ordinance or any other written law, in the absence of a written contract of service relating to any category of employee in the
First Schedule, it shall be presumed until the contrary is proved that a person is an employee—
(a)
where his manner of work is subject to the control or direction of another person;
(b)
where his hours of work are subject to the control or direction of another person;
(c)
where he is provided with tools, materials or equipments by another person to execute work;
(d)
where his work constitutes an integral part of another person’s business;
(e)
where his work is performed solely for the benefit of another person; or
(f)
where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income.
(2)
For the purposes of subsection (1), it shall be presumed until the contrary is proved that a person is an employer—
(a)
where he controls or directs the manner of work of another person;
(b)
where he controls or directs the hours of work of another person;
(c)
where he provides tools, materials or equipments to another person to execute work;
(d)
where the work of another person constitutes an integral part of his business;
(e)
where another person performs work solely for his benefit; or
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(f)
whether or not payment is made by him in return for work done for him by another person.
(3)
The first-mentioned person in subsection (2) includes the agent, manager or factor of such first-mentioned person.”.
Amendment of section 130o