Interpreting provision under employment act 1955

Interpretation

2. (1) In this Act, unless the context otherwise requires -

"employee" means any person or class of persons—

(a) included in any category in the First Schedule to the extent specified therein; or

(b) in respect of whom the Minister makes an order under subsection (3) or section 2A;

for the purpose of determining whether a part, section or any provision under the act is applicable or not. One must remember the initial interpretation given under section 2.

for example, right of audience under section 85A to represent an employee under civil proceeding. Question arise are we going to be applying interpretation under section 2 which limit it to schedule employee, or we shall include employee under section 69B, since section 69B clearly state the applicability of the part which the right of audience fell into.

If we read together, section 2 and section 69B, then the context requires the interpretation of "employee" shall include employee with wages more than two thousand ringgit but shall not exceed five thousand ringgit.

Another interpretation is, section 69B only furthers the Director General of Labour power to hear, inquire into and decide claim by an employee against an employer, and with specific purpose shall not include any other task including representing an employee under a civil proceeding. The applicability of such part is in order to dispose the claim to the extents of what section 69B were intended to cater, that is to hear, inquire into and decide that's it. Anything further than that shall be exceeding the intention of section 69B.

This has come to my belief that, "a provision under an act of Parliament which can be interpreted with more than one interpretation, even by a layman shall construed as a bad law and need to be amended"

An appointment letter thats comply with the law

When we start to work, we would like to know what we getting ourselves into. This can easily be settle by an appointment letter consisting what the employer is promising. An appointment letter that comply the law need not be a perfect one but consist 10 major point.

Under the current labour law, a contract of service for the duration of more than one month shall be in writing, and one certified copy of it shall be give before or on the day employee start to work. Laid down below relevant provision of the law in relation to an appointment letter that comply with the labour law;

Section 10 Employment Act 1955

Contracts to be in writing and include provision for termination.

(1) A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing.

(2) In every written contract of service a clause shall be included setting out the manner in which such contract may be terminated by either party in accordance with this Part.

Regulations 8 (Employment Regulations 1957)

Employer to furnish certified copy of particular under regulation 5(b)

(1) Every employer shall furnish to every employee employed by him on or before the date of his commencing employment and subsequently on any change in the terms and conditions of employment resulting in any change in his wages a certified copy of particulars as specified in paragraph (b) of regulation 5

(2) When a collective agreement is currently in force and applicable to an employee in the place of employment the employer shall furnish him with a copy of the collective agreement or display permanently, at a conspicuous place accessible to the employee, in the place of employment a copy of the collective agreement.

Regulation 5(b) (Employment Regulations 1957)

(b) Details of terms and conditions of employment:

1. Name of employee and National Registration Identification Card No:
2. Occupation or appointment;
3. Wages rate (excluding other allowances);
4. Other allowances payable and rates;
5. Rates for overtime work;
6. Other benefits (including approved amenity and services);
7. Agreed normal hours of work per day;
8. Agreed period of notice for termination of employment or wages in lieu;
9. No. of days entitlement to holidays and annual leave with pay;
10. Duration of wage period;