(1) This Act may be cited as the Employment (amendment) Act 2012 .

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette , and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

The Employment Act 1955 [Act 265] , which is referred to

1 -1. Short title and commencement

(1) This Act may be cited as the Employment (Amendment) Act 2012 .

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette , and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

2 -2. Amendment of section 2

The Employment Act 1955 [Act 265] , which is referred to as the "principal Act" in this Act, is amended in subsection 2(1)-

(a) in the definition of "confinement", by substituting for the word "twenty-eight" the word "twenty-two":

in the definition of "constructional contractor", by substituting for the word "assigns" the word "assignees";

(c) by inserting after the definition of "contractor" the following definition:

' "contractor for labour" means a person who contracts with a principal, contractor or sub-contractor to supply the labour required for the execution of the whole or any part of any work which a contractor or sub-contractor has contracted to carry out for a principal or contractor, as the case may be;';

(d) by inserting after the definition of "employee" the following definition:

3 -3. Amendment of section 4

Section 4 of the principal Act is amended by substituting for the words "under section 69 or section 73" the words "or decision under section 69, 69B, 69C, 73 or subsection 81D(4)".

4 -4. Substitution of section 19

The principal Act is amended by substituting for section 19 the following section:

" 19. Time of payment of wages

(1) Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.

(2) Wages for work done on a rest day, gazette d public holiday referred to in paragraphs 60D(1) (a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period.

(3) Notwithstanding subsections (1) and (2), if the Director General is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.".

5 -5. Amendment of section 22

Section 22 of the principal Act is amended-

(a) by numbering the existing section as subsection (1);

(b) by deleting paragraph (c) ;

(c) by inserting after paragraph (da) the following paragraphs:

"(db) to enable him to purchase a computer;

(dc) to enable him to pay for medical expenses for himself or his immediate family members;

(dd) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees' Social Security Act 1969 [Act 4] ;

(de) to enable him to pay for educational expenses for himself or his immediate family members;"; and

(d) by inserting after paragraph (f) the following subsection:

"(2) For the purposes of this section, "immediate family members" means the employees' parents, children, siblin

6 -6. Amendment of Part V

Part V of the principal Act is amended by substituting for the heading "RELATING TO THE TRUCK SYSTEM" the heading "SYSTEM OF PAYMENT OF WAGES".

7 -7. Substitution of section 25

The principal Act is amended by substituting for section 25 the following section:

" 25. Wages to be paid through bank

(1) The entire amount of wages earned by, or payable to, any employee in respect of any work done by him less any lawful deductions, shall be actually paid to him through payment into an account at a bank, finance company, financial institution or other institutions licensed or established under the Banking and Financial Institutions Act 1989 [Act 372] or any other written law, 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 as stipulated by the employee.

(2) Every employee shall be entitled to recover in the courts so much of his wages, exclusive of sums lawfully deducted under Part IV, as shall not have been actually paid to him in accordance with subsection (1).".

8 -8. Amendment of section 25A

The principal Act is amended by substituting for section 25A the following section:

" 25A. Payment of wages other than through bank

(1) Notwithstanding subsection 25 (1), an employer may, upon a written request of the employee, other than a domestic servant, make payment of his employee's wages-

(a) in legal tender; or

(b) by cheque made payable to or to the order of the employee.

(2) In the case of a domestic servant, the employer shall, upon the request of his domestic servant, obtain approval from the Director General for the payment of wages of the domestic servant to be paid in legal tender or by cheque.

(3) The request by the employee under subsections (1) and (2) may be withdrawn by the employee at any time, by notice in writing, to the employer.

(4) The notice referred to in subsection (3) shall take effect at, but not befor

9 -9. Amendment of section 31

Section 31 of the principal Act is amended by substituting for the words "sub-contractor for labour", wherever they may appear, the words "contractor for labour".

10 -10. Amendment of Part VII

Part VII of the principal Act is amended by substituting for the heading "CONTRACTORS AND PRINCIPALS" the heading "CONTRACTORS, PRINCIPALS AND CONTRACTORS FOR LABOUR".

11 -11. New section 33A

The principal Act is amended by inserting after section 33 the following section:

" 33A. Information relating to supply of employees

(1) A contractor for labour who intends to supply or undertakes to supply any employee shall register with the Director General in the prescribed form within fourteen days before supplying the employee.

(2) If a contractor for labour referred to in subsection (1) supplies any employee, he shall keep or maintain one or more registers containing information regarding each employee supplied by him and shall make such registers available for inspection.

(3) A contractor for labour who-

(a) supplies his employee without registering with the Director General as required under subsection (1); or

(b) fails to keep or maintain any register, or make available any register for inspection as required under subsection (2), commits an of

12 -12. Amendment of section 37

Section 37 of the principal Act is amended-

(a) by substituting for paragraph (1) (a) the following paragraph:

"(1) (a) Every female employee shall be entitled-

(i) to maternity leave for an eligible period in respect of each confinement; and

(ii) subject to this Part, to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.";

(b) in paragraph (1)(aa), by substituting for the words "paragraph (a) " the words "subparagraph (a) (i)";

(c) in paragraph (1) (c) , by substituting for the words "paragraph (a) " the words "subparagraph (a) (ii)";

(d) by substituting for paragraph (1) (d) the following paragraph;

" (d) For the

13 -13. Amendment of section 40

Section 40 of the principal Act is amended by deleting subsection (3).

14 -14. Amendment of section 42

Subsection 42(2) of the principal Act is amended by substituting for the words "a female employee is dismissed from her employment" the words "the service of a female employee is terminated".

15 -15. New section 44A

The principal Act is amended by inserting after section 44 the following section:

" 44A. Application of this Part irrespective of wages of female employee

Notwithstanding paragraph 1 of the First Schedule, this Part extends to every female employee who is employed under a contract of service irrespective of her wages.".

16 -16. New sections 57A and 57B

The principal Act is amended by inserting after section 57 the following sections:

" 57A. Employment of foreign domestic servant

(1) An employer who employs a foreign domestic servant shall, within thirty days of the employment, inform the Director General of such employment in a manner as may be determined by the Director General.

(2) An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

57B. Duty to inform Director General of termination of service of foreign domestic servant

(1) If the service of a foreign domestic servant is terminated-

(a) by the employer;

(b) by the foreign domestic servant;

(c) upon the expiry of the employment pass issued by the Immigration Department of Malaysia to the foreign domestic servant; or

<

17 -17. Amendment of section 59

Subsection 59(1) of the principal Act is amended in the proviso by substituting for the words "Employees Social Security Act 1969 [Act 4] " the words "Employees' Social Security Act 1969".

18 -18. Amendment of section 60

Paragraph 60(3) (b) of the principal Act is amended by inserting after the word "monthly" the words "or weekly".

19 -19. Amendment of section 60D

Section 60D of the principal Act is amended-

(a) in subsection (1)-

(i) by substituting for the words "a this" the words "at his";

(ii) in paragraph (a) -

(a) by substituting for the word "ten" the word "eleven";

(b) by substituting for the word "four" the word "five";

(c) in subparagraph (iii), by deleting the word "and" appearing at the end of the subparagraph; and

(d) by inserting after subparagraph (iv) the following subparagraph:

"(v) Malaysia Day; and";

(iii) by substituting for paragraph (b) the following paragraph:

" (b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369] "; and

(iv) by substituting for the provi

20 -20. Amendment of section 60I

Section 60I of the principal Act is amended-

(a) in subsection (1C), by inserting after the words "on a daily" the words "or an hourly"; and

(b) in subsection (1D), by inserting after the words "on a daily" the words "or an hourly".

21 -21. Amendment of section 60K

Section 60K of the principal Act is amended-

(a) in subsection (1), by substituting for the words "the nearest office of the Director General with the particulars of the foreign employee" the words "the Director General with the particulars of the foreign employee by forwarding the particulars to the nearest office of the Director General"; and by inserting after subsection (2) the following subsections:

"(3) If the service of a foreign employee is terminated-

(a) by the employer;

(b) by the foreign employee;

(c) upon the expiry of the employment pass issued by the Immigration Department of Malaysia to the foreign employee; or

(d) by the repatriation or deportation of the foreign employee, the employer shall, within thirty days of the termination of service, inform the Director General of the termination in a manner as may

22 -22. Amendment of section 69

Section 69 of the principal Act is amended in paragraph (2)(ii)-

(a) by substituting for the words "sub-contractor for labour", wherever they may appear, the words "contractor for labour"; and

(b) by substituting for the word "subcontractor" the word "sub-contractor".

23 -23. Amendment of section 69B

Subsection 69B(1) of the principal Act is amended by substituting for the words "one thousand five hundred" the words "two thousand".

24 -24. Amendment of section 73

Subsection 73(1) of the principal Act is amended by substituting for the words "sub-contractor for labour" and "subcontractor for labour" the words "contractor for labour".

25 -25. Amendment of section 77

Subsection 77(1) of the principal Act is amended by substituting for the words "or 73" the words ",73 or subsection 81D(4)".

26 -26. Amendment of section 79

Subsection 79(1) of the principal Act is amended by substituting for the words "Electricity Act 1949 [Act 116] " the words "Electricity Supply Act 1990 [Act 447] ".

27 -27. New Part XVA

The principal Act is amended by inserting after Part XV the following Part:

" PART XVA

SEXUAL HARASSMENT

81A. Interpretation

For the purposes of this Part, "complaint of sexual harassment" means any complaint relating to sexual harassment made-

(i) by an employee against another employee; (ii) by an employee against any employer; or (iii) by an employer against an employee.

81B. Inquiry into complaints of sexual harassment

(1) Upon receipt of a complaint of sexual harassment, an employer or any class of employers shall inquire into the complaint in a manner prescribed by the Minister.

(2) Subject to subsection (3), where an employer refuses to inquire into the complaint of sexual harassment as required under subsection (1), he shall, as soon as practicable but in any case not later than

28 -28. Amendment of section 82

Subsection 82 (1) of the principal Act is amended in paragraph (b) of the proviso by deleting the word "male".

29 -29. Amendment of section 86

Section 86 of the principal Act is amended by substituting for the words "section 69" the words "section 69, 69b, 69c or subsection 81D(4)".

30 -30. New section 90A

The principal Act is amended by inserting after section 90 the following section:

" 90A. Protection of officers

No action shall lie or be brought, instituted or maintained in any court against-

(a) the Director General, Deputy Director General or any other officer duly appointed under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying this Act into effect; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General, Deputy Director General or any other officer duly appointed under this Act, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.".

31 -31. Amendment of section 101A

Section 101A of the principal Act is amended-

(a) in subsection (1), by substituting for the words "or a Deputy Director General appointed under paragraph 3(2)fa)" the words ", Deputy Director General or any officer authorized in writing by the Director General";

(b) in subsection (2), by substituting for the words "or the Deputy Director General", wherever they may appear, the words ", Deputy Director General or any officer authorized in writing by the Director General";

(c) in subsection (3), by substituting for the words "or the Deputy Director General" the words ", Deputy Director General or any officer authorized in writing by the Director General"; and

(d) in subsection (5), by substituting for the words "or a Deputy Director General" the words ", Deputy Director General or any officer authorized in writing by the Director General".

32 -32. New section 101B

The principal Act is amended by inserting after section 101A the following section:

" 101B. Offence by body corporate, etc.

Where an offence under this Act has been committed by a body corporate, partnership, society or trade union-

(a) in the case of a body corporate, any person who is a director, manager, or other similar officer of the body corporate at the time of the commission of the offence;

(b) in the case of a partnership, every partner in the partnership at the time of the commission of the offence; and

(c) in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence,

shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union.".

33 -33. Amendment of section 102

Subsection 102(2) of the principal Act is amended-

(a) by substituting for paragraph (i) the following paragraph:

"(i) prescribing fees to be paid for filing of claims under section 69, 69b or 69c and for copies of notes of evidence recorded under Parts XV and XVA;";

(b) in paragraph (j), by substituting for the full stop a semicolon; and

(c) by inserting after paragraph (j) the following paragraphs:

"(k) prescribing the forms of notice and returns of particulars used under section 60K;

(l) prescribing the procedure to inquire into complaints of sexual harassment under Part XVA;

(m) prescribing the terms and conditions of service of a domestic servant.".