Repeal and saving
s 103
The written laws specified in the first and second columns of the Second Schedule are hereby repealed to the extent set out in the third column of the said Schedule: Provided that any appointment made under such written law hereby repealed shall be deemed to be made under this Act: Provided further that references to any provision of any written law hereby repealed in any other written law or in any contract or other instrument in writing shall, in so far as such provision is not inconsistent with the corresponding provision of this Act, be construed as references to such corresponding provision. Savings and transitional (1) Any complaint, investigation, inquiry, trial, prosecution, proceedings or appeal done, taken or commenced under the principal Act immediately before the date of coming into operation of this Act, shall be dealt with, continued and concluded under and in accordance with the provisions of the principal Act as if the principal Act had not been amended by this Act. (2) Any application for approval made under subsection 25a(2) of the principal Act which is pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be dealt with in accordance with the provision of the principal Act as amended by this Act. (3) Any employer who, before the date of coming into operation of this Act, has employed any foreign employee but who has not fulfilled any of the requirements under section 60k of the principal Act shall, on the date of coming into operation of this Act, be dealt with in accordance with the provision of the principal Act as if the principal Act had not been amended by this Act. First Schedule [Subsection 2(1)] Employee Provision of the Act not applicable 1. Any person who has entered into a contract of service. 1a. Notwithstanding paragraph 1, the person Subsections 60(3), 60a(3), whose wages exceeds four thousand ringgit a 60c(2a), 60d(3) and 60d(4) month. and section 60j 2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which— (1) he is engaged in manual labour including such labour as an artisan or apprentice: Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work in such wage period; (2) he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes; (3) he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work; (4) he is engaged in any capacity in any Part XII vessel registered in Malaysia and who— (a) is not an officer certificated under the Merchant Shipping Acts of the United Kingdom as amended from time to time; Employee Provision of the Act not applicable (b) is not the holder of a local certificate as defined in Part VII of the Merchant Shipping Ordinance 1952 [F.M. 70/1952]; or (c) has not entered into an agreement under Part III of the Merchant Shipping Ordinance 1952; or (5) he is engaged as a domestic employee. Sections 12, 14, 16, 22, 58a, 60, 60a, 60b, 60c, 60d, 60e, 60f, 60fa, 60i, 61 and 64, and Parts IX and XIIa 3. For the purpose of this Schedule “wages” means wages as defined in section 2, but shall not include any payment by way of commissions, subsistence allowance and overtime payment. Second Schedule [Section 103] (1) (2) (3) S.S Cap. 69 The Labour The whole, except section 1, the Ordinance definitions under section 2 of “Agreement”, “Employer”, “Health Officer”, “Labourer”, “Lines”, “Local Authority”, “ Place of employment”, sections 3, 4, 6, 27, 28, 33, 39, 43, 50, 111–113, 123, 124, 143, 145–163, 185–188, 194–196, 198–201, paragraphs 202(a), (b), (c) and (e), sections 203–206, 222–228, 230–233, 235–237, paragraph 239(1)(e)–(i), (k), subsections (2)–(4). F.M.S. Cap. 154 The Labour The whole, except section 1, the Code definitions under section 2 of “agreement”, “Court”, “employer”, “Health Officer”, “labourer”, “lines”, “place of employment”, “State Medical and Health Officer”, sections 3, 4, 70, 71, 76, 82, 87, 91, 117–119, 129, 130, 159–166, 168–191, 197–199, 201–203, paragraphs 204(a), (b), (c) and (e), sections 205–212, 220–222, 224–227, 229, 230, 231, 233, 234, 236, subparagraphs 238(i)(h)–(k), (ii)–(iv). Johore Enactment The Labour The whole, except section 1, the No. 82 Code definitions under section 2 of “agreement”, “Court”, “employer”, “Health Officer”, “labourer”, “lines”, “place of employment”, sections 3, 4, 5, 71, 72, 77, 83, 88, 92, 119–121, 131, 132, 149–156, 158–181, 187–189, 191–193, paragraphs 194(a), (b), (c) and (e), sections 195–202, 210–212, 214–217, 219–220, 222, 223, 225, subparagraphs 227(i)(h)–(k), (ii)–(v). (1) (2) (3) Kelantan The Labour The whole, except sections 1 and Enactment Code, 2, the definitions under section 3 No. 2 of 1936 1936 of “Agreement”, “Colony”, “Court”, “Employer”, “Health Officer”, “Labourer”, “Lines”, “Medical Practitioner”, “Place of employment”, sections 4, 5, 47, 48, 53, 59, 64, 68, 95–97, 107, 124–131, 133–156, 162–164, 166–168, paragraphs 169(a), (b), (c) and (e), sections 170–179, 187–189, 191–194, 196–198, 200, 201, 203, subparagraphs 205(i)(c)–(f), (ii). Kedah Enactment Enactment The whole, except section 1, the No. 2 of 1345 No. 55 definitions under section 2 of (Labour) “Agreement”, “Court”, “Employer”, “Labourer”, “Lines”, “Health Officer”, “Place of employment”, sections 3, 4, 45, 46, 51, 57, 62, 66, 94–96, 106, 107, 124–132, 134–157, 163–165, 167–169, paragraphs 170(a), (b), (c) and (e), sections 171–173, 181–183, 185–188, 190, 191, 193, 194, 196, paragraphs 198(1)(b)–(e), subsection (2). Trengganu The Labour The whole, except sections 1 and Enactment No. 60 Code 2, the definitions under section 3 of of 1356 “agreement”, “Court”, “employer”, “ H e a l t h O ff i c e r ” , “ l a b o u r e r ” , “line”, “Medical Officer”, “medical practitioner”, “place of employment”, sections 4, 5, 47, 48, 53, 59, 64, 68, 95–97, 107, 124–131, 133–156, 162–164, 166–168, paragraphs 169(a), (b), (c) and (e), sections 170–179, 187–189, 191–194, 196–198, 200, 201, 203, subparagraphs 205(i)(c)–(f), (ii). Perlis Enactment The Labour The whole, except sections 1-3, No. 3 of 1345 Code, 1345 the definitions under section 5 of “Agreement”, “Court”, “Employer”, “Labourer”, “Lines”, “Health Officer”, “Place of employment”, sections 6, 7, 47, 48, 53, 59, 64, 67, 95–97, 109, 110, 127–134, 136–159, 165–167, 169–171, paragraphs 172(a), (b), (c) and (e), sections 173–175, 183–185, 187–190, 192, 194, 196, 197, 199, subparagraphs 201(i)(b)–(e), (ii). LAWS OF MALAYSIA *NOTE—see paragraph 46(1), (2) and (3) of the Employment (Amendment) Act 2022 [Act A1651] which comes into operation on 1 January 2023 which provides the following provision: