English |
PART
V RELATING
TO THE TRUCK SYSTEM 25. Wages
to be paid in legal tender. (1) Except
as otherwise expressly permitted by this Act, the entire amount of
the wages earned by, or payable to, any employee in respect of any
work done by him shall be actually paid to him in legal tender, and
every payment of, or on account of, any such wages made in any other
form shall be illegal, null and void. (2) Every
employee shall be entitled to recover in the courts or before the Director-General
acting under section 69 so much of his wages, exclusive of sums lawfully
deducted under Part IV, as shall not have been actually paid to him
in legal tender or paid to him by any of the ways under section 25A. 25A. Payment
of wage through bank. (1) Nothing
in section 25(1) shall operate so as to render unlawful or invalid
any payment of wages by the employer to the employee with the employee's
written consent in any of the following ways: (a) payment
into an account at a bank or a finance company licensed under the
Banking and Financial Institutions Act 1989 in any part of Malaysia
being an account in the name of the employee or an account in the
name of the employee jointly with one or more other persons; (b) payment
by cheque made payable to or to the order of the employee. (2) The
consent of the employee under this section may be withdrawn by him
at any time by notice in writing given to the employer. Such notice
shall take effect at but not before the end of the period of four weeks
beginning with the day on which the notice is given. (3) The
consent of the employee to the mode of payment of wages under subsection
(1) shall not be unreasonably withheld or, if granted, shall not be
unreasonably withdrawn by the employee notwithstanding subsection (2). (4) Any
dispute as to whether an employee has unreasonably withheld or withdrawn
his consent to the mode of payment of his wages under subsection (1)
shall be referred to the Director-General whose decision on the matter
shall be final. 26. Conditions
restricting place at which, manner in which and person with whom
wages paid to be spent, illegal. No employer
shall impose any condition in any contract of service as to the place
at which, or the manner in which, or the person with whom, any wages
paid to the employee are to be expended and any such condition in a
contract of service shall be void and of no effect. 27. Interest
on advances forbidden. No employer
shall: (a) make
any deduction; or (b) receive
any payment; from any
employee by way of discount, interest or any similar charge on account
of any advance or advances of wages made to an employee in anticipation
of the regular date for the payment of wages, where such advance or
advances do not exceed in the aggregate one month's wages. 28. Restriction
on places at which wages may be paid. No employer
shall pay wages to employees in taverns or other similar establishments
or in places of amusement or in shops or store for the retail sale
of merchandise except in the case of employees employed therein. 29. Remuneration
other than wages. (1) Nothing
in this Part shall render illegal a contract of service with an employee
under which the employer agrees to provide the employee with house
accommodation, food, fuel, light, water, medical attendance, or any
approved amenity, or approved service in addition to wages but no employer
shall provide any employee with any intoxicating liquor as part of
the terms of a contract of service. (2) The
Director-General may, on application made to him in writing by an employer,
approve in writing any amenity or service as an approved amenity or
approved service, and in granting such approval the Director-General
may make such modifications thereto or impose such conditions thereon
as he may deem proper. (3) Any
person who is dissatisfied with any decision of the Director-General
under subsection (2) may, within thirty days of such decision being
communicated to him, appeal in writing therefrom to the Minister. (4) On any
appeal made to him under subsection (3), the Minister may make such
decision or order thereon as appears just, and such decision or order
shall be final.