Section 27
Discrimination against employee, etc.
of Occupational Safety and Health Act 1994
No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee—
(a)
makes a complaint about a matter which he considers is not safe or is a risk to health;
(b)
is a member of a safety and health committee established pursuant to this Act;
(c)
exercises any of his functions as a member of the safety and health committee.; or
Occupational Safety and Health 35
(d)
has assisted an officer or assessor in any inquiry in the conduct of any inspection or investigation under this Act.
(2)
No trade union shall take any action on any of its members who, being an employee at a place of work—
(a)
makes a complaint about a matter which he considers is not safe or is a risk to health;
(b)
is a member of a safety and health committee established pursuant to this Act; or
(c)
exercises any of his functions as a member of the safety and health committee.
(3)
An employer who, or a trade union which, contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *one hundred thousand ringgit or to a term of imprisonment not exceeding one year or to both.
(4)
Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders:
(a)
an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that person;
(b)
an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position.
*NOTE—Previously “ten thousand”–see paragraph 24(b) of the Occupational Safety and Health
(Amendment) Act 2022 [Act A1648].
36
Law of Malaysia
PART VIA
NOTIFICATION OF OCCUPATION OF PLACE OF WORK,
INSTALLATION AND INSPECTION OF PLANT, ETC.