Malaysia legislation

Section 30

of WORKMEN'S COMPENSATION ACT 1952

Section 30

Arbitrator to decide when parties fail to agree

(2)

A question is not settled by agreement unless the workman, the employer and the Commissioner all signify their consent by signing an acknowledgment of agreement or unless an agreement between the workman and the employer is recorded by the

Commissioner under section 28.

(3)

An application for the settlement of any question which is addressed to an Arbitrator shall contain a certificate by the

Commissioner that he has held an inquiry under section 27 and that agreement has not been reached.

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(4)

An application requesting the decision of an Arbitrator on any question may be drawn up and submitted to an Arbitrator by a workman, by the employer, by the Commissioner on behalf of a workman or by the Commissioner of his own motion, or by any person aggrieved by any decision of the Commissioner under section 8, 10, 14 or 15.

(5)

An application to an Arbitrator for the settlement of any question shall be made in such form and shall be accompanied by such fee, if any, as may be prescribed and shall contain, in addition to any particulars which may be prescribed and to the certificate under subsection (3), a concise statement of the circumstances in which the application is made and of the relief or order which the applicant seeks and of the questions on which agreement both has and has not been reached:

Provided that the payment of fees shall be waived when the

Commissioner makes an application either of his own motion or on behalf of a workman.

(6)

The Commissioner shall, at the request of any person applying for the same and upon payment of the prescribed fees, supply to him a copy of his records together with a copy of any relevant correspondence and shall authenticate the same.

(7)

If in the course of an inquiry held by the Commissioner under section 27 the workman and the employer and the

Commissioner all agree on any question and the Commissioner records the agreement in writing, that question shall not be submitted to an Arbitrator.

Agreement to be free of stamp duty