8. Minister may prohibit employment other than under contract of service

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;

  Open s 2
• 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;

  Open s 2
• 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;

  Open s 2
• industrial undertaking

  industrial undertaking

  Defined · s 2

  “industrial undertaking” means — (a) mines, quarries and other works for the extraction of minerals from the earth; (b) industries in which articles are manufactured, assembled, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power of any kind; (c) the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterworks or other work of construction, as well as the preparation for or the laying of the foundation of any such work or structure; (d) the transport of passengers or goods by road, rail, sea, air or inland waterway, including the handling of goods at docks, quays, wharves, warehouses and airports, but excluding transport by hand: Provided that if, having regard to the nature of the work involved in any occupation which forms part of the industrial undertaking, His Majesty the Sultan and Yang Di-Pertuan considers that such occupation should be excluded from the provisions of this Act relating to industrial undertakings, he may declare by order published in the Gazette that employment in such occupation is deemed not to be employment in an industrial undertaking for the purposes of this Act: Provided further that any undertaking of which a part only is an industrial undertaking shall not for that reason alone be deemed to be an industrial undertaking;

  Open s 2
• Minister

  Minister

  Defined · s 2

  “Minister” means the Minister of Home Affairs;

  Open s 2
• principal

  principal

  Defined · s 2

  “principal” means any person who, in the course of or for the purposes of his profession, business, trade or work, contracts with a contractor for the supply of labour or for execution by the contractor of the whole or any part of any work undertaken by the principal;

  Open s 2