Employment Act · 2026 Revised Edition · Part · Repatriation
116. Employer to provide transport
Official textFrom Attorney General's Chambers, unchanged
The employer shall whenever possible provide transport for employees who are being repatriated.
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
The Commissioner shall take all necessary measures to ensure and may give such directions to the employer or to any person acting on behalf of the employer to ensure that —
Commissioner
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
all vehicles or vessels to be used for transport of employees are suitable for such transport, in good sanitary condition and are not overcrowded;
when it is necessary to break the journey for the night, suitable accommodation is provided for the employee;
when the employees have to make long journeys on foot, the length of the daily journey is compatible with the maintenance of their health and strength; and
in the case of long journeys, suitable arrangements are made for medical assistance and for the welfare of the employees.
When the employees have to make long journeys in groups, they shall be accompanied by a responsible person approved by the
Commissioner.
Terms defined in s 2
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Labour appointed under section 3(1);
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
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