In general, any workers defined in Section 2 Employment Act 1955 can file labour cases, if required.
“Employee” refers to:
- a) is included in any of the categories in the First Schedule of the Employment Act 1955; or
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A. Section 69 Employment Act 1955. The Power of the Director General to Inquire into Complains
Under the Employment Act 1955, the Director General has commissioned the Department’s officers to:
1) inquire and conclude any disputes between the workers and their employers on wages and other types of payments, including:
i) any terms of employment;
ii) any provisions that fall under the Employment Act or Regulations; or ;
iii) any provisions that fall under the Wages Council Act 1947 and its orders
i) a worker as defined under the Section 33 Employment Act 1955;
ii) a subcontractor for labour on a contractor or a subcontractor.
iii) an employer on his worker(s) concerning indemnity under Section 13(1) Employment Act 1955.
3) inquire and verify or reject any decisions that have been called under Section 14(1) Employment Act 1955.
4) impose an 8% interest or less per year beginning the 31st day of the Labour Court Order was issued until the order was fulfilled.
5) act against those employers who fail to abide to the decisions or orders of the Director General. The employers can be fined up to RM10,000.00 with a daily fine of no more that RM100.00 a day for each day that the offence continues.
B. Section 69B Employment Act 1955 – Additional Power of Director General.
Under Section 69B, the Director General’s power under Section 69(1)(a) is extended to include the workers/employees with the monthly salary of between RM1,500 and RM5,000. For this purpose, the term “wages” is as interpreted in Section 2 Employment Act 1955.
Other than Part XV (Complaints and Inquiries) and Part XVI (Procedures), other provisions of the Act do not apply to the workers defined in Section 69B.
C. Section 69C Employment Act 1955 - Claims for Indemnity for Termination of Contract without Notice.
The Director General can investigate and decide on any claims for indemnity by an employer whose employee(s) terminate his or her own employment contract without notice.
However, under the Industrial Relations Act 1967, the Director General’s power is limited to inquire, hear or issue orders on any claims, disputes or perceived disputes:
i) that are under investigations or proceedings under the Act;
ii) that have been decided by the Minister under Section 20(3) of the Act; or
iii) have been referred to or is currently proceeding in the Industrial Court.
In summary, having been given the authority under Section 69 Employment Act 1955 to hear and decide on labour cases or disputes, the Labour Department adopts steps 1 to 17 in its proceedings . The process ends when the Department enforces the Labour Court’s orders.
