Malaysia legislation

Section 28

of WORKMEN'S COMPENSATION ACT 1952

Section 28

(2)

No such memorandum shall be recorded until seven days have expired after communication by the Commissioner of notice to the parties concerned.

(3)

Where it appears to the Commissioner that an agreement for the payment of a sum, whether by way of commutation of a half-monthly payment or otherwise, or an agreement for the amount of compensation ought not to be recorded by reason of the inadequacy of the sum or amount or by reason of the agreement having been obtained by fraud or undue influence or other improper means he may refuse to record the memorandum of the agreement and if he and the employer and the workman are unable to settle the question by agreement, the Commissioner shall refer the matter to an Arbitrator.

(4)

An agreement for the payment of compensation which has been recorded under this section shall be enforceable under this

Act notwithstanding anything contained in the Contracts Act 1950

[Act 136] or in any other law for the time being in force.

Effect of failure to record an agreement