60. Remuneration other than salary

Terms defined in s 2

• contract of service

  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;

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• employee

  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;

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• employer

  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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• salary

  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;

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• workman

  workman

  Defined · s 2

  “workman” means — (a) any person who has entered into a contract of service with an employer in pursuance of which he is engaged in manual labour, including any artisan or apprentice, but excluding any seaman or domestic worker; (b) any person, other than clerical staff, employed in the operation or maintenance of mechanically-propelled vehicles used Employment for the transport of passengers for hire or for commercial purposes; (c) any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his work: Provided that when any person is employed by any one employer partly as a workman and partly in some other capacity or capacities, that person is deemed for the purposes of this Act to be a workman unless it can be established that the time during which he has been required to work as a workman in any one salary period as defined in Part 4 has on no occasion amounted to or exceeded one-half of the total time during which he has been required to work in such salary period; (d) any other person specified in Schedule 1; (e) any person whom the Minister may, by notification published in the Gazette, declare to be a workman for the purposes of this Act.

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