Malaysia legislation

Section 4

of *LABOUR ORDINANCE [SARAWAK CAP. 76]

Section 4

Powers of inspection and inquiry

(1A)

In the course of an inspection under subsection (1)—

(a)

the Director may put questions concerning the employees to the employer or to any person who may be in charge of them, or to the employees themselves or any other person whom he believes to be acquainted with the facts and circumstances of any matter within the provisions of this Ordinance;

(b)

the employer or such person, or any such employee, or any such other person shall be legally bound to answer such questions truly to the best of his ability;

(c)

a statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish; and

(d)

any statement made and recorded under this section shall be admissible as evidence in any proceedings in Court.

(2)

If the Director has reasonable ground for suspecting that any offence has been committed against an employee, and whenever any complaint of personal ill-usage or breach of any of the provisions of this Ordinance is made to the Director, the Director may forthwith remove, or cause to be removed, such worker from the place of employment where he is employed for further inquiry into the matter.

(3)

The Director may by order in writing require any employer to take within such reasonable time in the circumstances such steps as he considers necessary with a view to remedying defects observed in plant, layout, working methods, supervision, medical or sanitary provision or other matters at any place of employment which he may

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have reasonable cause to believe constitute a threat to the health or safety of the employees.