Akta Kesatuan Sekerja 1959 (Akta 262) & Peraturan-Peraturan (Hingga 20hb April 2019)

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Detailed Contents Of Akta Kesatuan Sekerja 1959 (Akta 262) :

The Employment Act 1955 (Act 262) is a law in Malaysia that sets out the minimum terms and conditions of employment for employees who fall under its scope. The Act applies to all employees, except for domestic servants and those employed in managerial or executive positions, earning a salary of more than RM2,000 per month or engaged in work that is of a confidential or security nature.

The Act covers a wide range of employment matters, including working hours, rest days, public holidays, annual leave, sick leave, termination of employment, and payment of wages. It also provides for the establishment of a Labour Department to administer and enforce the provisions of the Act.

The Act was amended in 2012 to include additional provisions on the payment of wages, maternity protection, and retirement benefits. The amendments also introduced stiffer penalties for employers who violate the Act.

In addition to the Act, there are several regulations that have been made under it to provide further details and guidance on how the Act should be applied. These regulations include:

  1. Employment (Termination and Layoff Benefits) Regulations 1980 This regulation sets out the minimum benefits that employers are required to pay to employees who are retrenched or terminated due to redundancy.

  2. Employment (Restriction) (Part-Time Employees) Regulations 2004 This regulation sets out the restrictions on the employment of part-time employees, including the maximum number of hours they can work per day and per week.

  3. Employment (Foreign Workers' Compensation) (Insurance) Regulations 1993 This regulation requires employers to provide insurance coverage for their foreign workers against work-related injuries.

  4. Employment (Part-Time Employees) Regulations 2010 This regulation sets out the minimum terms and conditions of employment for part-time employees, including their entitlements to annual leave and sick leave.

  5. Employment (Central Provident Fund) (Amendment) Regulations 2012 This regulation requires employers to contribute to their employees' Central Provident Fund (CPF) accounts, which is a retirement savings scheme in Malaysia.

  6. Employment (Restriction on Employment) (Exemption) Order 2012 This order exempts certain categories of employees from the restrictions on working hours and overtime under the Act.

Overall, the Employment Act 1955 and its associated regulations provide a comprehensive framework for the protection of employees in Malaysia. Employers are required to comply with these laws and regulations to ensure that their employees are treated fairly and provided with the minimum standards of employment.

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