61. Shops and canteens

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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• 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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• place of employment

  place of employment

  Defined · s 2

  “place of employment” means any place where work is carried on, for or on behalf of an employer, by an employee;

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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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