Malaysia legislation
Section 68
Section 68
The Ordinance is amended by substituting for the Schedule the following schedule:
“First Schedule
[Subsection (1) of section 2]
(1)
(2)
Employee
Provision of the Ordinance
Not Applicable 1.
Any person who has entered into a contract of service 2.
Notwithstanding paragraph 1, the person whose wages exceeds four thousand ringgit a month
Definitions of “normal hours of work” and “overtime” in section 2, subsections (6) and
(10)
of section 103, subsection (6)
of section 104, subsection (5)
of section 104a, subsections (2),
(3)
, (4) and (5) of section 104c, section 104f and Part IVa
Labour Ordinance of Sabah (Amendment)
(1)
(2)
Employee
Provision of the Ordinance
Not Applicable 3.
Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which—
(a)
he is engaged in manual labour including such labour as an artisan or apprentice:
Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity, such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period
(b)
he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes
(c)
he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work
(d)
he is engaged in recruiting employees
(e)
he is engaged in any capacity in any vessel registered in
Malaysia and who—
Definitions of “approved incentive payment scheme”,
“hourly rate of pay”, “normal hours of work”, “ordinary rate of pay” and “overtime” in section 2, subsections (3), (4), (5)
of section 2, sections 103,
(1)
(2)
Employee
Provision of the Ordinance
Not Applicable 104, 104a, 104b, 104c, 104d,
104e, 104ea, subsection (2) of section 105, and paragraph (b)
of section 130j
(i)
is not an officer certificated under the
Merchant Shipping
Acts of the United
Kingdom as amended from time to time
(ii)
is not the holder of a local certificate as defined in Part VII of the Merchant Shipping
O r d i n a n c e 1 9 5 2
[Ordinance 70/1952]
(iii)
has not entered into an agreement under Part
III of the Merchant
Shipping Ordinance 1952
(f)
he is engaged as a domestic employee
Definitions of “approved incentive payment scheme”,
“hourly rate of pay”, “normal hours of work”, “ordinary rate of pay” and “overtime” in section 2, subsections (3), (4) and (5) of section 2, sections 10, 11, 13,
57 and 58, Chapter XIVb, sections 102, 103, 104, 104a,
104c, 104d, 104e, 104ea, 104f, subsection (2) of section 105, sections 118a, 118c, 118d and 118e, Part IVa and paragraph (b)
of section 130j 4.
For the purposes of this First Schedule,
“wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment
”.
Labour Ordinance of Sabah (Amendment)
83
New Second and Third Schedules