Malaysia legislation
Section 130O
Section 130O
(2)
Without prejudice to the generality of the foregoing, the
Minister may make rules—
(a)
limiting the powers of officers appointed under subsection (1A) of section 3;
(b)
prescribing the conditions under which female employees may work at night;
(c)
prescribing the rate of the maternity allowance to which female employees shall be entitled during the eligible period;
(d)
prescribing the maximum period during which notice of dismissal given by her employer to a female employee who is absent from her work as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement shall not expire;
(e)
prescribing the times which employees shall be entitled to take off from work for meals and which they shall be entitled or required to take off for rest;
(f)
prescribing the form of any register, summons or order required to be kept, issued or made under this Ordinance;
(g)
prescribing the procedure for sending summonses, warrants and orders issued or made under this Ordinance in Sarawak for service or execution in the Republic of Singapore and
Brunei, and making provisions for the service or execution in Sarawak of summonses, warrants and orders issued or made in the Republic of Singapore and Brunei;
(h)
prescribing fees to be paid for filing of claims under section 8A and for copies of notes of evidence recorded under Chapter IIA;
(i)
prescribing the contents of a written contract required under subsection (3) of section 19;
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(j)
to provide for the application of all or any of the provisions of the Ordinance to all domestic servants and to provide generally for the engagement, repatriation and working conditions of domestic servants;
(k)
to provide for the entitlement of employees and the payment by employers of termination, lay-off and retirement benefits;
(l)
to prescribe the conditions for the employment of part-time employees, including the manner in which the hours of work of such employees are to be computed for the purposes of determining whether such employee falls within the definition of a part-time employee;
(m)
to regulate the employment of children and young persons and may specify—
(i)
the form of licence to be issued under section 74D and the conditions and restrictions to be attached to such licence;
(ii)
the time which children and young persons employed shall be entitled to take off from work for meals or rest periods; and
(iii)
the procedure to be followed by any Board appointed under subsection (2) of section 75A;
(n)
to regulate the manner and form in which applications shall be made for a Licence To Employ Non-Resident Employee under this Ordinance and may—
(i)
specify the particulars to be furnished upon every such application;
(ii)
specify the conditions under which any licence may be issued;
(iii)
prescribe the form of licence;
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(iv)
prescribe the fees payable therefor and the particulars to be set forth therein;
(v)
determine the security to be furnished by applicant for licence;
(vi)
require records to be kept by licensee; and
(vii)
prescribe the maximum duration for the employment of non-resident employee;
(o)
provide for the establishment of a Fund or Board or other method of recovering the discharge of any liabilities and the expenses of recruitment and repatriation of employees upon such terms and conditions and subject to such control as he deems necessary; and
(p)
to prescribe for the calculation of overtime for piece rated employees under subsection (10) of section 105.
(3)
Any such rule may provide a penalty for the breach or contravention thereof not exceeding a fine of ten thousand ringgit.