OFFENCES AND PENALTIES 91. Under Parts III and IV. Any employer who— (a) fails to pay the wages or indemnity due to any employee (b) makes to any employee any advance of wages in excess of (c) makes deductions from the wages of an employee other commits an offence. 92. Under Part V. Any employer who— (a) pays wages, imposes any conditions in a contract of service (6) provides any employee as part of the terms of his contract of (c) (Deleted). commits an offence. 93. Under Part VIII. An employer of a female employee commits an offence if the fe- 94. Under Part IX. Any employer who— (a) fails to grant maternity leave to a female employee em- (b) fails to pay the maternity allowance to a female employee (d) contravenes the provisions of section 42 or 44, commits an offence and shall also— (aa) in the event of a conviction for an offence under para- (bb) in the event of a conviction for an offence under para- 95. (Repealed). 96. (Repealed). 97. Under Part XIII. An employer who— (a) fails to keep a register required under section 61, or to pre- (b) destroys, alters or mutilates the register referred to in para- (c) fails to comply with any regulations made under section 62; (d) fails, without reasonable cause (proof of which shall lie on (e) being an owner of any estate, mine or factory to which sec- commits an offence. 98. Under Part XIV. Any person who— (a) refuses the Director General exercising his powers under (b) assaults, obstructs, hinders or delays the Director General in (c) furnishes the Director General as true, information which (d) fails to produce, or conceals or attempts to conceal any commits an offence. 99. Under Part XV. Any employer who prevents or attempts to prevent any employee 99A. General penalty. Any person who commits any offence under, or contravenes any 100. Penalties for failure or non-compliance in relation to rest (2) Any employer who fails to pay to any of his employees any (3) Any employer who fails to pay to any of his employees wages (4) Any employer who fails to grant to any of his employees an- (5) Any employer who fails to grant sick leave, or fails to pay sick 101. Offence in connection with inquiry or inspection. In any inquiry, investigation, entry or inspection made by the Di- (1) The Director General or a Deputy Director General appointed (2) The Director General or the Deputy Director General may, in (3) An offer under subsection (2) may be made at any time after (4) Where an offence has been compounded under subsection (2)- (a) no prosecution shall thereafter be instituted in respect of the (b) any book, register or document seized in connection with
within the time prescribed in sections 19,20 and 21;
that permitted under section 22; or
than such deductions as are authorized by section 24,
or makes any deduction or receives any payment in contra-
vention of section 25,25A, 26,27 or 28; or
service with any amenity or service, or any intoxicating
liquor in contravention of section 29,
male employee is employed contrary to section 34, 35 or 36.
ployed by him and entitled thereto under Part IX;
employed by him and entitled thereto under Part IX, or to
her nominee, or to her personal legal representative;
(c) fails to pay maternity allowance in the manner prescribed in
section 3 8; or
graph (a), be ordered by the court before which he is
convicted to pay to the female employee concerned the
maternity allowance to which she may be entitled under
Part IX in respect of every day on which the female em-
ployee had worked during the eligible period referred to
in section 37(1 )(a), the payment so ordered being in
addition to the wages payable to her, and the amount of
maternity allowance so ordered by the court to be paid
shall be recoverable as if it were a fine imposed by such
court; and
graph (b), be ordered by the court before which he is
convicted to pay to the female employee concerned the
maternity allowance to which she is entitled under Part
IX, and the amount of maternity allowance so ordered
by the court to be paid shall be recoverable as if it were
a fine imposed by such court.
serve the register for a period of not less than six years;
graph (a), or causes or permits the register to be destroyed,
altered or mutilated;
him), to forward to the Director General such returns as are
prescribed under section 63 or forwards any of the returns
knowing that it contains any false particulars; or
tion 64 applies, fails to comply with the requirements of the
section,
Part XIV, access to any premises or part thereof;
effecting any entrance into any premises or part thereof
which he is entitled to effect;
he knows or has reason to believe to be false; or
document which he may be required to produce under Part
XIV, or hinders or obstructs the Director General in effect-
ing possession of the documents,
from appearing before the Director General under Part XV commits
an offence.
provision of, this Act, or any regulations, order, or other subsidiary
legislation whatsoever made thereunder, in respect of which no pen-
alty is provided, shall be liable, on conviction, to a fine not exceeding
ten thousand ringgit.
days, overtime, holidays, annual leave, and sick leave.
(1) Any employer who fails to pay to any of his employees wages
for work done by his employee on a rest day or pays wages less than
the rate provided under section 60 commits offence, and shall also,
on conviction, be ordered by the court before which he is convicted
to pay to the employee concerned the wages due for work done on
every rest day at the rate provided under section 60, and the amount
of such wages shall be recoverable as if it were a fine imposed by
such court.
overtime wages as provided under this Act or any subsidiary legisla-
tion made thereunder commits an offence, and shall also, on convic-
tion, be ordered by the court before which he is convicted to pay to
the employee concerned the overtime wages due, and the amount of
overtime wages so ordered by the court to be paid shall be recover-
able as if it were a fine imposed by such court.
as provided under section 60o, commits an offence, and shall also, on
conviction, be ordered by the court before which he is convicted to
pay to the employee concerned the wages due for any work done on
any such holiday at the rate provided under section 60n, and the
amount of wages so ordered by the court to be paid shall be recover-
able as if it were a fine imposed by such court.
nual leave or any part thereof as provided under section 60E commits
offence, and shall also, on conviction, be ordered by the court before
which he is convicted to pay to the employee concerned the ordinary
rate of pay in respect of every day of such leave not so granted, the
payment so ordered being in addition to the wages payable to the em-
ployee for the work done on any such day, and the amount so ordered
by the court to be paid shall be recoverable as if it were a fine im-
posed by such court.
leave pay, to any of his employees, as provided under section 60p
commits an offence, and shall also, on conviction, be ordered by the
court before which he is convicted to pay to the employee concerned
the sick leave pay for every day of such sick leave at the rate provided
under section 60p, and the amount so ordered by the court to be paid
shall be recoverable as if it were a fine imposed by such court.
rector General, or by any officer lawfully exercising the powers of
the Director General under this Act, any person committing with re-
spect to such inquiry, investigation, entry or inspection any offence
described in Chapter X of the Penal Code shall on conviction be pun-
ished as prescribed in such Chapter.
IOIA. Power to compound offences.
under section 3(2)(a) may, with the consent in writing of the Public
Prosecutor, compound any offence committed by a person which is
punishable under this Act or any regulation made under this Act.
a case where he deems it fit and proper so to do, compound an
offence by making a written offer to the person who has committed
the offence to compound the offence on payment to the Director
General or the Deputy Director General, as the case may be, within
such time as may be specified in the offer, of such sum of money, as
may be specified in the offer, which shall not exceed fifty per centum
of the amount of the maximum fine (including the daily fine, if any,
in the case of a continuing offence) to which the person would have
been liable if he had been convicted of the offence.
the offence has been committed, but before any prosecution for it has
been instituted, and where the amount specified in the offer is not
paid within the time specified in the offer, or within such extended
period as the Director General or the Deputy Director General may
grant, prosecution for the offence may be instituted at any time there-
after against the person to whom the offer was made.
offence against the person to whom the offer to compound
was made; and
the offence shall be released immediately.
(5) Any moneys paid to the Director General or a Deputy Direc-
tor General pursuant to subsection (2) shall be paid into and form part
of the Federal Consolidated Fund.
