35. Suspension and discharge

(1)

In any case where an apprentice so misconducts himself or proves himself to be so incapable that, if he were an employee other than an apprentice, it would have been reasonable for his employer to discharge him, the employer may suspend the apprentice and apply to the Commissioner for leave to discharge him.

Employment 32

(2)

The Commissioner shall enquire into the circumstances and where he grants such leave the employer shall be entitled to discharge the apprentice as from the date on which he was suspended and as from such date the contract of apprenticeship is deemed to be terminated.

(3)

Where such leave is refused, the Commissioner may make such order as he thinks fit with respect to payment to be made to the apprentice in respect of the period of his suspension.

(4)

If no such order is made, the employer shall pay to the apprentice all the salary that would have been payable to him in respect of such period as if he had not been suspended.

(5)

If the employer, notwithstanding that leave to discharge the apprentice has been refused by the Commissioner, discharges the apprentice, such discharge shall for all purposes be deemed to be a breach by the employer of the contract of apprenticeship.

(6)

Where an employer —

(a)

without proceeding in accordance with subsections (1), (2), (3), (4) and (5), discharges or purports to discharge an apprentice; or

(b)

having suspended him, does not within 3 days thereafter make application under subsection (1) for leave to discharge him, the apprentice may, within 7 days after such discharge or purported discharge or within 10 days after such suspension (as the case may be) apply to the

Commissioner for relief from such discharge, purported discharge or suspension and thereupon the provisions of this section apply in like manner as if the employer had proceeded in accordance with subsection (1).

(7)

The Commissioner may fix an amount that shall be payable to the apprentice as damages for breach or deemed breach of the contract of apprenticeship if the employer discharges him contrary to the provisions of this section, and such amount shall be in addition to the amount of salary payable in respect of the period of suspension.

Employment

Terms defined in s 2

apprentice
Defined · s 2
“apprentice” means any person who has contracted to serve an employer and to learn and to be taught any business, trade, manufacture, undertaking, calling or employment in which employees are employed;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
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
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;
Open s 2

Report

Read on from Part

35. Suspension and discharge

Terms defined in s 2

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