Seksyen 44
Seksyen baharu 101c
Akta ibu dipinda dengan memasukkan selepas seksyen 101b seksyen yang berikut:
“Presumption as to who is an employee and employer 101c. (1) In any proceeding for an offence under this Act, in the absence of a written contract of service relating to any category of employee under the First Schedule, it shall be presumed until the contrary is proved that a person is an employee—
(a)
where his manner of work is subject to the control or direction of another person;
(b)
where his hours of work are subject to the control or direction of another person;
(c)
where he is provided with tools, materials or equipments by another person to execute work;
(d)
where his work constitutes an integral part of another person’s business;
(e)
where his work is performed solely for the benefit of another person; or
(f)
where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income.
Undang-Undang Malaysia 20
Akta A1651
(2)
For the purpose of subsection (1), it shall be presumed until the contrary is proved that a person is an employer—
(a)
where he controls or directs the manner of work of another person;
(b)
where he controls or directs the hours of work of another person;
(c)
where he provides tools, materials or equipments to another person to execute work;
(d)
where the work of another person constitutes an integral part of his business;
(e)
where another person performs work solely for his benefit; or
(f)
whether or not payment is made by him in return for work done for him by another person.
(3)
The first-mentioned person in subsection (2)
includes the agent, manager or factor of such first-mentioned person.”.
Pindaan seksyen 102