Sunday, August 10, 2008

Kuasa-kuasa Ketua Pengarah Tenaga Kerja

69. Director General’s power to inquire into complaints.

(1) The Director General may inquire into and decide any dispute between an employee and his employer in respect of wages or any other payments in cash due to such employee under-
(a) any term of the contract of service between such employee and his employer;
(b) any of the provision of this Act or any subsidiary legislation made there under; or
(c) the provision of the Wages Council Act, 1947 or any order made there under,

and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount thereof.

(2) The power of the director General under subsection (1) shall include the power to hear and decide, in accordance with the procedure laid down in this part, any claim by-
(i) an employee against any person liable under section 33;
(ii) a sub-contractor for labour against a contractor or sub-contractor for any sum which the sub-contractor for labour claim to be due to him in respect of any labour provided by him under his contract with the contractor or sub-contractor; or
(iii) an employer against his employee in respect of indemnity due to such employer under section 13(1)

and to make such consequential orders as may be necessary to give effect to his decision.

(3) In addition to the powers conferred by subsection (1) and (2), the Director General may inquire into and confirm or set aside any decision made by an employer under section 14(1) and the Director General may make such consequential orders as may be necessary to give effect to his decision:
Provided that if the decision of the employer under section 14(1)(a) is set aside, the consequential order of the Director General against such employer shall be confined to payment of indemnity in lieu of notice and other payments that the employee is entitle to as if no misconduct was committed by the employee:
Provided further that the Director General shall not set aside any decision made by an employer under section 14(1)(c) if such decision has not resulted in any loss in wages of other payments payable to the employee under his contract of service:
And provided further that the Director General shall not exercise the power conferred by this subsection unless the employee has made a complaint to him under the provisions of this Part within sixty days from the date on which the decision under section 14 is communicated to him either orally or in writing by his employer

(3A) An order made by the Director General for the payment of money under this section shall carry interest at the rate of 8 percent per annum, or at such other rate not exceeding 8 per centum per annum as the Director General my direct, the interest to be calculated commencing on the thirty first day from the date of the making of the order until the day of the order is satisfied:
Provided that the Director General, on an application by an employer made within 30 days from the date of the making of the order, if he is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.

(4) A person who fails to comply with any decision or order of the Director General made under this section commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand ringgit: and shall also, in the case of continuing offence, be liable to a daily fine not exceeding one hundred ringgit for each day the offence continues after conviction.

69A. Limitation on power conferred by section 69.

Notwithstanding section 69, the Director General shall not inquire into, hear, decide or make any order in respect of any claim, dispute or purported dispute which, in accordance with the Industrial Relation Act 1967-
(a) is pending in any inquiry or proceeding under that Act;
(b) has been decided upon by the Minister under section 20(3) of that Act; or
(c) has been referred to, or is pending in any proceedings before, the Industrial Court.

69B. Additional powers of Director General to inquire into complaints.

(1) Notwithstanding the provision of this Act, the powers of the Director General under section 69(1)(a) shall extend to employees whose wages exceed 1,500 ringgit but does not exceed 5,000 ringgit.
(2) For the purposes of this section, the term “wages” means wages as defined in section 2 but does not include any payment by way of commission, subsistence allowance or overtime payment.
(3) Save for Part XV and XVI which shall apply with the necessary modification, the other provisions of this Act shall not apply to the employees referred to in subsection (1)

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