24. Transfer to other employment

(1)

The transfer of any contract of service from one employer to another shall be subject to the consent of the employee and the endorsement of the transfer on the contract of service by the Commissioner.

(2)

Before endorsing the contract of service, the Commissioner —

(a)

shall ascertain that the employee has consented to the transfer, and that his consent has not been obtained by coercion, undue influence or as the result of misrepresentation or mistake; and

(b)

may require the employee to be medically examined or re-examined, as the case may be, by a medical practitioner in any case in which by such transfer the employee —

(i)

will change his form of employment; or

(ii)

will be subject to such change in conditions of his employment as in the opinion of the Commissioner renders the examination advisable.

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
Open s 2
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;
Open s 2
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;
Open s 2
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;
Open s 2
medical practitioner
Defined · s 2
“medical practitioner” means a medical practitioner registered under the Medical Practitioners and Dentists Act;
Open s 2

Report

Read on from s 25

Part

24. Transfer to other employment

Terms defined in s 2

Contracts of Apprenticeship

Payment of Salaries

Principals and Contractors

Truck System

Rest Days, Hours of Work, Holidays and Other Conditions of Service

Health, Accommodation and Medical Care

Part-Time Employees

Employment of Women

Employment of Children and Young Persons

Domestic Workers

Immigrant Employees

Repatriation

Inspection

Complaints and Inquiries

General

Schedules