Malaysia legislation
Section 8A
Section 8A
Director’s power to inquire into complaints
(a)
any term of the contract of service between such employee and his employer;
(b)
any of the provisions of this Ordinance or any subsidiary legislation made thereunder; or
(c)
the provisions of the *Wages Councils Act 1947 [Act 195]
or any order made thereunder, and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount of such sum of money.
(2)
The powers of the Director under subsection (1) shall include the power to hear and decide, in accordance with the procedure laid down in this Chapter, any claim by—
(a)
an employee against any person liable under section 117C;
(b)
a subcontractor for labour against a contractor or subcontractor for any sum of money which the subcontractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or subcontractor; or
(c)
an employer against his employee in respect of indemnity due to such employer under subsection (1) of section 13;
*NOTE—This Act has been repealed by the National Wages Consultative Council Act 2011 [Act 732] —
see section 58 of Act 732.
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and to make such consequential orders as may be necessary to give effect to his decision.
(3)
In addition to the powers conferred by subsections (1) and (2), the Director may inquire into and confirm or set aside any decision made by an employer to dismiss without notice, or downgrade or impose any other lesser punishment made by an employer under subsection (1) of section 14 and the Director may make such consequential orders as may be necessary to give effect to his decision:
Provided that if the decision of the employer under paragraph (a) of subsection (1) of section 14 is set aside, the consequential order made by the Director against such employer shall be confined to payment of indemnity in lieu of notice and other payments that the employee is entitled to as if no misconduct was committed by the employee:
Provided further that the Director shall not set aside any decision made by an employer when any other lesser punishment is imposed by an employer under paragraph (c) of subsection (1) of section 14 if such decision has not resulted in any loss in wages or other payments payable to the employee under his contract of service:
And provided further that the Director, shall not exercise the power conferred by this subsection unless the employee has made a complaint to him under the provisions of this Chapter within sixty days from the date on which the decision under section 14 is communicated to him either orally or in writing by his employer.
(4)
An order made by the Director for the payment of money under this section shall carry interest at the rate of eight per centum per annum, or at such other rate not exceeding eight per centum per annum as the
Director may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the order until the day the order is satisfied:
Provided that the Director, on an application by an employer made within thirty days from the date of the making of the order, if he is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.
Labour 31
Limitation on power conferred by section 8A