Akta Kerja 1955 (Akta 265), Peraturan-Peraturan Dan Perintah & Perundangan Terpilih (Hingga 1hb Jan 2023)

Detailed Contents Akta Kerja 1955 (Akta 265) :

1. Employment Act 1955

The Employment Act 1955 applies to all employees in Malaysia, except for domestic servants, seamen, and certain categories of government employees. The Act sets out the minimum terms and conditions of employment that employers must provide to employees, including:

• Hours of work: The Act sets a maximum of 48 hours of work per week and provides for overtime pay for work beyond this limit.
• Rest days and public holidays: Employers must provide one rest day per week and pay employees for work done on rest days and public holidays.
• Annual leave: Employees are entitled to annual leave of 14 days for employees with less than two years of service, and 16 days for employees with two or more years of service.
• Sick leave: Employees are entitled to 14 days of paid sick leave per year.
• Maternity leave: Female employees are entitled to 14 weeks of maternity leave.
• Termination and layoff: Employers must provide notice and compensation to employees who are terminated or laid off.

The Act also provides for the establishment of a Labor Department to assist with the administration and enforcement of the Act.

2. Regulations and Orders

In addition to the Employment Act 1955, several regulations and orders have been enacted to provide further details and clarification on specific aspects of the Act. The following are some of the key regulations and orders:

• Minimum Retirement Age Order 2012: This order sets the minimum retirement age for employees at 60 years.
• Employment (Termination and Layoff Benefits) Regulations 1980: These regulations provide for the calculation of termination and layoff benefits for employees who are terminated or laid off.
• Employment (Foreign Workers’ Employment) Regulations 1998: These regulations set out the procedures and requirements for the employment of foreign workers in Malaysia.
• Employment (Part-Time Employees) Regulations 2010: These regulations provide for the terms and conditions of employment for part-time employees.
• Employment (Prohibition of Discrimination) Regulations 2017: These regulations prohibit discrimination in employment on the grounds of gender, religion, race, or disability.

3. Amendments

The Employment Act 1955 has been amended several times since its enactment to keep pace with changing labor market conditions and social trends. Some of the key amendments include:

• Amendment Act 2012: This amendment increased the penalties for employers who violate the Act and established a Minimum Wage Order.
• Amendment Act 2019: This amendment extended the coverage of the Act to include employees earning up to RM4,000 per month and introduced new provisions for sexual harassment in the workplace.

In conclusion, the Employment Act 1955, as well as the regulations and orders enacted under the Act, provides a comprehensive framework for the protection of employees in Malaysia. The Act sets out the minimum terms and conditions of employment that employers must provide to employees and establishes a framework for dispute resolution. Amendments to the Act reflect changes in labor market conditions and social trends, ensuring that the Act remains relevant and effective in protecting the rights of employees in Malaysia.

Akta Kerja 1955 (Akta 265) Contains:

Akta Kerja 1955 (Akta 265)
Peraturan-Peraturan Kerja 1957
Peraturan-Peraturan Kerja (Prosedur – Peruntukan-Peruntukan Bersaling) 1957
Peraturan-Peraturan Kerja (Mengambil Bekerja Wanita) (Konduktor Wanita) 1958
Peraturan-Peraturan Kerja (Mengambil Bekerja Wanita) (Pekerja-Pekerja Syif) 1970
Peraturan-Peraturan Kerja (Pembatasan Kuasa Pegawai) 1993
Peraturan-Peraturan Kerja (Kadar Minimum Elaun Bersalin) 1976
Peraturan-Peraturan Kerja (Faedah-Faedah Penamatan Dan Pemberhentian Kerja Sementara) 1980
Peraturan-Peraturan Kerja (Had Kerja Lebih Masa) 1980
Perintah Wilayah Persekutuan Labuan (Perluasan dan Pengubahsuaian Akta Kerja) 2000
Peraturan-Peraturan Kerja (Penyata Penggajian Tahunan) 2003
Peraturan-Peraturan Kerja (Pekerja Separa Masa) 2010
Akta Hari Kelepasan Mingguan 1950 (Akta 220)
Akta Hari Kelepasan 1951 (Akta 369)
Akta Umur Persaraan Minimum 2012 (Akta 753)
Peraturan-Peraturan Umur Persaraan Minimum (Siasatan) 2013
Perintah Gaji Minimum 2022