Employment Act · 2026 Revised Edition · Part · Rest Days, Hours of Work, Holidays and Other Conditions of Service
79. Offences
Official textFrom Attorney General's Chambers, unchanged
Any employer who —
employer
“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;
employs any person as an employee contrary to the provisions of this Part; or
fails to pay any salary in accordance with the provisions of this Part, is guilty of an offence and liable on conviction to a fine not exceeding $800, and for a second or subsequent offence to a fine not exceeding $1,600, imprisonment for a term not exceeding one year or both.
This section does not apply where the terms of service under which a person is employed are provided for in a collective agreement entered into before the commencement of this Act and while the collective agreement remains in force.
collective agreement
“collective agreement” means an agreement relating the regulation of the relations of employers and employees;
Notwithstanding subsection (1) —
an employer and his employees or a trade union representing his employees may negotiate for and agree to terms of service relating to leave more favourable than those contained in sections 71 and 72; and
it shall not be an offence for an employer to grant to his employees terms of service relating to leave more favourable than those contained in sections 71 and 72.
Employment
Terms defined in s 2
collective agreement
Defined · s 2“collective agreement” means an agreement relating the regulation of the relations of employers and employees;
commencement of this Act
Defined · s 2“commencement of this Act” means the date of commencement of the main substantive provisions of this Act;
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;
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Health, Accommodation and Medical Care
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Part-Time Employees
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Employment of Women
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Employment of Children and Young Persons
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Domestic Workers
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Immigrant Employees
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Repatriation
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Inspection
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Complaints and Inquiries
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