Employment Act · 2026 Revised Edition · Part · Complaints and Inquiries
124. Commissioner’s power to inquire into complaints
In plain English
Not legal advice
The commissioner may decide disputes between an employee and an employer that arise from the contract of service, the Employment Act or its regulations. It may order either side to pay any sum it finds just, with no limit on the amount. It may also hear a labour sub-contractor's claim against a contractor for money owed for labour provided.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
The Commissioner may inquire into and decide any dispute between an employee and his employer or any person liable under the provisions of this Act to pay any salary due to the employee, where the dispute arises out of —
Commissioner
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
any term in the contract of service between the employee and his employer; or
any of the provisions of this Act or any regulations made thereunder.
In pursuance of that decision, the Commissioner may make an order in such form as he may determine, for the payment by either party of such sum of money as he considers just without limitation of the amount thereof.
The power of the Commissioner under subsection (1) shall include the power to —
hear and decide, in accordance with the procedure laid down in this Part, any claim by —
Employment
an employee against any person liable under section 53;
a sub-contractor for labour against a contractor or sub-contractor for any sum which the sub-contractor for labour claims to be due to him in respect of any labour provided by him under his contract of service with the contractor or sub-contractor; and
make such consequential orders as may be necessary to give effect to his decision.
Terms defined in s 2
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Labour appointed under section 3(1);
contract of service
Defined · s 2“contract of service” means, subject to section 10, any agreement, whether in writing or oral and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve him as an employee, and includes a contract of apprenticeship;
contractor
Defined · s 2“contractor” means any person who contracts with a principal to supply labour or to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal’s trade or business;
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;
salary
Defined · s 2“salary” means all remuneration including allowances payable to an employee in respect of work done under his contract of service, but does not include — (a) the value of any accommodation or the supply of any food, fuel, electricity, water or medical attendance, or of any amenity or service excluded by order of the Minister published in the Gazette; (b) any contribution paid by the employer on his own account to any pension fund or provident fund; (c) any travelling allowance or the value of any travelling concession; (d) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (e) any gratuity payable on discharge or retirement; and (f) any retrenchment benefit payable on retrenchment;
sub-contractor
Defined · s 2“sub-contractor” means any person who contracts with a contractor for the supply of labour or for the execution by the sub-contractor of the whole or any part of any work undertaken by the contractor for his principal, and includes any person who contracts with a sub-contractor to supply labour or to carry out the whole or any part of any work undertaken by the sub-contractor for a contractor;
sub-contractor for labour
Defined · s 2“sub-contractor for labour” means any person who contracts with a contractor or sub-contractor to supply the labour required for the execution of the whole or any part of any work a contractor or sub-contractor has contracted to carry out for a principal or contractor, as the case may be;
Part