Malaysia legislation
Section 97
Section 97
(a)
on the termination of the contract of service by expiry of the period for which it was made;
(b)
on the termination of the contract of service by reason of the inability of the employer to fulfil the contract of service;
(c)
on the termination of the contract of service by reason of inability of the employee to fulfil the contract of service owing to sickness or accident;
Labour 63
(d)
on the termination of the contract of service by notice or otherwise;
(e)
upon cancellation by the Director or expiry of the Licence
To Employ Non-Resident Employee;
(f)
on the termination of the contract of service by agreement between the parties.
(2)
Every non-resident employee who is ordered to leave Sarawak under or in accordance with this Ordinance or any rules made under this Ordinance or any provisions of any written law for the time being in force relating to immigration shall be repatriated at the expense of the employer to his country or State of origin.
(3)
Where any dependant of the employee has been brought to the place of employment by the employer, or by any person acting on behalf of the employer, such dependant shall be repatriated at the expense of the employer whenever the employee is repatriated or in the event of his death.
(4)
The expenses of repatriation shall include—
(a)
travelling and subsistence expenses during the journey;
(b)
subsistence expenses during the period, if any, between the date of termination of the contract of service or the cancellation or expiry of the Licence To Employ
Non-Resident Employee and the date of repatriation; and
(c)
provision of decent interment and the payment of the reasonable expenses of burial in the event of death of an employee occurring during the course of, or pending, repatriation.
(5)
The employer shall not be liable for subsistence expenses in respect of any period during which the repatriation of the employee has been delayed—
(a)
by the employee’s own choice; or
64
(b)
for reasons of force majeure, when the employer has been able during the said period to use the services of the employee at the rate of wages stipulated in the expired contract.
(6)
If the employer fails to fulfil his obligation in respect of repatriation, the said obligation shall be discharged by or under directions of the Director, and any sum so expended may be recovered from the employer or employers from the security furnished to the
Director or by civil suit as a debt due to the *Government of the
Federation.
Exemption from obligation to repatriate