Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part III · The Commissioner and Arbitrators
30. Arbitrator to decide when parties fail to agree
Feedback & supportIf any question arises under this Act which a workman, his employer and the Commissioner cannot settle by agreement under section 27, such question shall be decided by an Arbitrator.
workman
“workman”, subject to the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period: Provided that the following persons are excepted from the definition of “workman”— (a) any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month; (b) a person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; (c) a domestic servant; (d) any person who is a member of the armed forces or of any visiting force lawfully present in Malaysia; (e) any person in the civil employment of Her Britannic Majesty’s Government in the United Kingdom, or in any other country of the Commonwealth whose contract of service was not made in Malaysia nor in Singapore; (f) a person employed, or selected for employment, in a civil capacity by the Government of Malaysia or by the Government of any State or by any local authority before 1 April 1953 in the application of this Act in Peninsular Malaysia, and before 1 January 1957 in the application of this Act in Sarawak where, in consequence of injury received by any such person in the discharge of his duties, a pension, gratuity or other allowance which would not be payable if such injury were received otherwise is paid to him or, in the case of his death, to any of his dependants as defined in this Act under any written law for the time being in force in Malaysia or any part thereof providing for the grant of such pension, gratuity or other allowance (this paragraph shall not apply in Sabah); (g) any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties; (h) an out-worker; (i) a tributer; (j) any member of the family of the employer who dwells with him in his house; *(k) any class of persons whom the Minister may declare not to be workmen for the purposes of this Act. *NOTE—see P.U.…
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
employer
“employer” includes the Government of Malaysia and the Governments of each of the States; in respect of civilian employees engaged in Malaysia or in Singapore of any visiting force lawfully present in Malaysia or of any person in the civil employment of the Government of any Commonwealth country, whose contract of service was made in Malaysia or in Singapore, the Government of that Commonwealth country; any local authority; any person or body of persons whether statutory or incorporated or not; the legal personal representative of a deceased employer; and in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the said club: Provided that where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
Commissioner under section 28.
Commissioner
“Commissioner” means— (a) in relation to Peninsular Malaysia, the Director General of Labour and all Deputy Directors General of Labour, State Directors of Labour and Assistant State Directors of Labour appointed under the Employment Act 1955 and includes such Labour Officers appointed under the said Act as the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner by this Act; (b) *in relation to Sabah, the Director of Labour appointed under the Labour Ordinance of Sabah and includes a Deputy Director, an Assistant Director and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act; (c) in relation to Sarawak, the Commissioner of Labour appointed under the Labour Ordinance of Sarawak and includes a Deputy Commissioner, an Assistant Commissioner and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act;
An application for the settlement of any question which is addressed to an Arbitrator shall contain a certificate by the
Arbitrator
“Arbitrator” means a person appointed by the Minister to be an arbitrator for workmen’s compensation for such area as may be specified in that appointment;
Commissioner that he has held an inquiry under section 27 and that agreement has not been reached.
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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.
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.
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.
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.