Employee Trust Act Formerly Known as Tabung Amanah Pekerja Act · s 9

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

9.
Recovery by employer of employee’s contributions
(1) Subject to the provisions of this section, the employer shall be entitled to recover from the employee, in accordance with this section, the amount of any contribution payable on behalf of the employee.
(2) The amount of any contribution payable by the employer on behalf of the employee shall, notwithstanding the provisions of any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.
(3) No deduction of any contribution shall be made —
(a) except at the time wages are paid to the employee; and
(b) other than the contribution in respect of the wages which are then being paid:
 Provided that, subject to such conditions as may be prescribed by the Board, where an employer has, by error not occasioned by the employer’s negligence omitted to deduct any contribution or part of any contribution payable by him on behalf of the employee, then, such contribution or part thereof may be deducted from the wages payable by such employer to the employee not later than 6 months

Employee Trust 18
from the date of the payment of the wages in respect of which the contribution or part thereof was omitted to be deducted.
(4) Any employer who contravenes the provisions of subsection (2)
or (3) is guilty of an offence under this Act.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 9Recovery by employer of employee’s contributions

(1)

Subject to the provisions of this section, the employer shall be entitled to recover from the employee, in accordance with this section, the amount of any contribution payable on behalf of the employee.

(2)

The amount of any contribution payable by the employer on behalf of the employee shall, notwithstanding the provisions of any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.

(3)

No deduction of any contribution shall be made —

(a)

except at the time wages are paid to the employee; and

(b)

other than the contribution in respect of the wages which are then being paid:

Provided that, subject to such conditions as may be prescribed by the Board, where an employer has, by error not occasioned by the employer’s negligence omitted to deduct any contribution or part of any contribution payable by him on behalf of the employee, then, such contribution or part thereof may be deducted from the wages payable by such employer to the employee not later than 6 months

Employee Trust 18

from the date of the payment of the wages in respect of which the contribution or part thereof was omitted to be deducted.

(4)

Any employer who contravenes the provisions of subsection (2)

or (3) is guilty of an offence under this Act.