LAWS OF MALAYSIA
REPRINT
Act 350
CHILDREN AND YOUNG
PERSONS (EMPLOYMENT)
ACT 1966
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
Laws of Malaysia
ACT 350
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
First enacted
... ... ... ... ... ... ... 1966 (Act No. 40 of
1966)
Revised
... ... ... ... ... ... ... 1988 (Act 350 w.e.f.
3 November 1988)
PREVIOUS REPRINT
First Reprint
... ... ... ... ...
2001
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Children and Young Persons (Employment)
LAWS OF MALAYSIA
Act 350
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
ARRANGEMENT OF SECTIONS
Section
1.
Short title and application
1A. Interpretation
EMPLOYMENT
2.
Employment in which children and young persons may be engaged
3.
The Minister may prohibit any child or young person from engaging or
being engaged in any employment
4.
Number of days work
5.
Hours of work of children
6.
Hours of work of young persons
PUBLIC ENTERTAINMENT
7.
Employment connected with public entertainment
INQUIRY INTO WAGES
8.
Power to prescribe minimum wages after inquiry
MISCELLANEOUS
9.
Administration and enforcement
10.
Jurisdiction
11.
Prosecutions and right of audience
12.
Certificate of medical officer as to age
13.
Contractual capacity
14.
Penalty
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ACT 350
Section
15.
Regulations
16.
Application of certain provisions of the Employment Act 1955 and
regulations made thereunder
(Omitted)
17.
18.
Saving
FIRST SCHEDULE
SECOND SCHEDULE--(Omitted)
THIRD SCHEDULE
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Children and Young Persons (Employment)
LAWS OF MALAYSIA
Act 350
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
An Act to regulate the employment of children and young persons.
[1 October 1966, P.U. 356/1966]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
Short title and application
1. (1) This Act may be cited as the Children and Young Persons
(Employment) Act 1966.
(2) This Act shall apply only to the States of *Peninsular Malaysia.
Interpretation
1A. (1) In this Act, unless the context otherwise requires--
"agricultural undertaking" means any work in which any person
is employed under a contract of service for the purposes of agriculture
or horticulture, the tending of domestic animals and poultry or the
collection of the produce of any plants or trees, but does not
include any work performed in a forest;
"child" means any person who has not completed his fourteenth
year of age or of such age as the Yang di-Pertuan Agong may by
notification in the Gazette prescribe;
"contract of service" means any agreement, whether oral or in
writing and whether express or implied, whereby a person agrees
in accordance with the provisions of this Act to employ a child
or young person and that child or young person agrees to serve
him and includes an apprenticeship contract;
*NOTE--All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"
see the Interpretation (Amendment) Act 1997 [Act A996] subsection 5(2).
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ACT 350
"employ" and "employment" mean employment in any labour
exercised by way of a trade or for the purposes of gain, whether
the gain be to a child, young person or to any other person;
"employer" means any person who has entered into a contract
of service to employ any child or young person and includes the
agent, manager or factor of such first-mentioned person;
"entertainment" includes any exhibition or performance; and a
person is deemed to take part in an entertainment when such
person is employed in or connected with such entertainment whether
as a performer, stage-hand or musician;
"guardian" in relation to child or young person, includes any
person who, in the opinion of the court having cognizance of any
case in relation to the child or young person or in which the child
or young person is concerned, has for the time being the charge
of or control over the child or young person;
"Minister" means the Minister for the time being charged with
responsibility for labour;
"public entertainment" means entertainment to which the public
or any section of the public is admitted or in connection with
which any charge, whether for admission or not, is made or at
which any collection or subscription is received and includes
performances for the making of films for public exhibition other
than news films but does not include any entertainment given by
the pupils of any school registered under the *Education Act 1961
[Act 43 of 1961] at or under the auspices of such school, or any
entertainment promoted by a voluntary, social or welfare body
which has been approved by the Director General;
"vessel" includes any ship or boat or any other description of
vessel used in navigation;
"young person" means any person who, not being a child, has
not completed his sixteenth year of age.
(2) Other expression have the same meanings as in the Employment
Act 1955 [Act 265] and the Weekly Holidays Act 1950 [Act 220].
*NOTE--The Education Act 1961 [Act 43 of 1961] has since been repealed by the Education Act
1996 [Act 550]see section 155 of Act 550.
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Children and Young Persons (Employment)
EMPLOYMENT
Employment in which children and young persons may be
engaged
2. (1) No child or young person shall be, or be required or permitted
to be, engaged in any employment other than those specified in
this section.
(2) A child may be engaged in any of the following employments:
(a) employment involving light work suitable to his capacity
in any undertaking carried on by his family;
(b) employment in any public entertainment, in accordance
with the terms and conditions of a licence granted in that
behalf under this Act;
(c) employment requiring him to perform work approved or
sponsored by the Federal Government or the Government
of any State and carried on in any school, training institution
or training vessel; and
(d) employment as an apprentice under a written apprenticeship
contract approved by the Director General with whom a
copy of such contract has been filed.
(3) A young person may be engaged in any of the following
employments:
(a) any employment mentioned in subsection (2); and in
relation to paragraph (a) of that subsection any employment
suitable to his capacity (whether or not the undertaking
is carried on by his family);
(b) employment as a domestic servant;
(c) employment in any office, shop (including hotels, bars,
restaurants and stalls), godown, factory, workshop, store,
boarding house, theatre, cinema, club or association;
(d) employment in an industrial undertaking suitable to his
capacity; and
(e) employment on any vessel under the personal charge of
his parent or guardian:
Provided that no female young person may be engaged in any
employment in hotels, bars, restaurants, boarding houses or clubs
unless such establishments are under the management or control
of her parent or guardian:
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ACT 350
Provided further that a female young person may be engaged in
any employment in a club not managed by her parent or guardian
with the approval of the Director General.
(4) The Minister may, if he is satisfied that any employment
(not mentioned in subsection (2) or subsection (3)) is not dangerous
to life, limb, health or morals, by order declare such employment
to be an employment in which a child or young person may be,
or permitted to be, engaged; and the Minister may in such order
impose such conditions as he deems fit and he may at any time
revoke or vary the order or may withdraw or alter such conditions.
(5) No child or young person shall be, or be required or permitted
to be, engaged in any employment contrary to the provisions of
the Factories and Machinery Act 1967 [Act 139] or the *Electricity
Act 1949 [Act 116] or in any employment requiring him to work
underground.
The Minister may prohibit any child or young person from
engaging or being engaged in any employment
3.  Notwithstanding the foregoing provisions, the Minister may,
in any particular case, by order prohibit any child or young person
from engaging or from being engaged in any of the employments
mentioned in section 2 if he is satisfied that having regard to the
circumstances such employment would be detrimental to the interests
of the child or young person, as the case may be.
Number of days of work
4.  No child or young person engaged in any employment shall
in any period of seven consecutive days be required or permitted
to work for more than six days.
Hours of work of children
5. (1) No child engaged in any employment shall be required or
permitted--
(a) to work between the hours of 8 o'clock in the evening
and 7 o'clock in the morning;
*NOTE--The Electricity Act 1949 [Act 116] has since been repealed by the Electricity Supply
Act 1990 [Act 447].
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Children and Young Persons (Employment)
(b) to work for more than three consecutive hours without
a period of rest of at least thirty minutes;
(c) to work for more than six hours in a day or, if the child
is attending school, for a period which together with the
time he spends attending school, exceeds seven hours; or
(d) to commence work on any day without having had a
period of not less than fourteen consecutive hours free
from work.
(2) Paragraph (1)(a) shall not apply to any child engaged in
employment in any public entertainment.
Hours of work of young persons
6. (1) No young person engaged in any employment shall be
required or permitted--
(a) to work between the hours of 8 o'clock in the evening
and 6 o'clock in the morning;
(b) to work for more than four consecutive hours without a
period of rest of at least thirty minutes;
(c) to work for more than seven hours in any one day or, if
the young person is attending school, for a period which
together with the time he spends attending school, exceeds
eight hours:
Provided that if the young person is an apprentice
under paragraph 2(2)(d), the period of work in any one
day shall not exceed eight hours; or
(d) to commence work on any day without having had a
period of not less than twelve consecutive hours free
from work.
(2) Paragraph (1)(a) shall not apply to any young person engaged
in employment in an agricultural undertaking or any employment
in a public entertainment or on any vessel under paragraph 2(3)(e).
PUBLIC ENTERTAINMENT
Employment connected with public entertainment
7. (1) No child or young person shall take part or be required or
permitted to take part in any public entertainment unless there has
been issued by the Director General of Labour or by such other
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ACT 350
Director General as may be authorized in writing in that behalf by
the Director General of Labour to the person employing such child
or young person a licence in that behalf; and the Director General
may, in addition to such conditions or restrictions as may be
prescribed from time to time under section 15, impose in respect
of such licence (whether at the time the licence is issued or thereafter
from time to time) such conditions as he deems fit.
(2) No licence under subsection (1) shall be granted by the
Director General to any person where he is of the opinion that the
employment is dangerous to the life, limb, health or morals of the
child or young person aforesaid.
(3) The Director General may cancel any licence issued under
this section on any ground for which he could refuse to issue a
licence or on breach of any condition thereof, and such cancellation
shall take effect forthwith until and unless set aside on appeal.
(4) Any child or young person or the parent or guardian of such
child or young person or any other person aggrieved by the decision
of the Director General aforesaid may within fourteen days of the
making of that decision appeal to the Minister, and the decision
of the Minister shall be final.
(5) In the event of an appeal, the child or young person or the
parent or guardian of such child or young person shall be entitled
to be supplied by the Director General the reasons in writing for
the cancellation of or refusal to issue a licence or for the imposition
of conditions on a licence.
INQUIRY INTO WAGES
Power to prescribe minimum wages after inquiry
8. (1) If representation is made to the Minister that the wages of
children or young persons in any class of work in any area are not
reasonable having regard to the nature of the work and conditions
of employment obtaining in such class of work, the Minister may,
if he considers it expedient, direct an inquiry.
(2) For the purpose of such inquiry, the Minister shall appoint
a Board consisting of an independent member who shall be chairman
and an equal number of representatives of employers and workers.
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Children and Young Persons (Employment)
(3) The Board shall, after holding the inquiry, report to the
Minister its findings and recommendations; and the Minister may,
after considering the report of the Board, make an order prescribing
the minimum rates of wages to be paid to children or young
persons or to both, employed in the class of work in the area
aforesaid.
(4) Upon publication of such order, it shall not be lawful for
any employer to pay any child or young person to whom the order
applies, wages below the minimum rates specified in the order.
MISCELLANEOUS
Administration and enforcement
9.  The Director General of Labour and such other officers appointed
under section 3 of the Employment Act 1955 to carry out the
provisions of that Act, shall be charged with the responsibility for
the carrying out of the provisions of this Act; and references in
this Act to the Director General shall unless the context otherwise
requires be construed as references to any one of these officers.
Jurisdiction
10.  Without prejudice to the jurisdiction of the High Court or the
Sessions Court, the Court of a First Class Magistrate shall have
jurisdiction to try any offence against this Act and to award the
full punishment prescribed.
Prosecutions and right of audience
11. (1) Proceedings for offences against this Act or against any
order or regulation made thereunder shall not be instituted or
conducted except by or on behalf of the Public Prosecutor or by
the Director General.
(2) The Director General shall have the right to appear and be
heard in any proceedings under this Act, and such right shall
include the right to appear and represent a child or young person
in any such proceedings.
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ACT 350
Certificate of medical officer as to age
12.  Where, in any proceeding under this Act, a person is alleged
to be a child or young person, the Court may accept a certificate
of a Government Medical Officer to the effect that, in his opinion,
such person is or is not a child or young person.
Contractual capacity
13.  Notwithstanding anything to the contrary contained in the
Contracts Act 1950 [Act 136] or the provisions of any other written
law, any child or young person shall be competent to enter into
a contract of service under this Act otherwise than as an employer,
and may sue as plaintiff without his next friend or defend any
action without a guardian ad litem:
Provided that no damages and no indemnity under section 13
of the Employment Act 1955, shall be recoverable from a child or
young person for a breach of any contract of service.
Penalty
14. (1) Any person contravening any of the provisions of this Act
or of any regulations or order made thereunder or who being the
parent or guardian of a child or young person knowingly acquiesces
in any such contravention in respect of such child or young person
shall be guilty of an offence and shall be liable on conviction to
imprisonment for a term not exceeding six months or to a fine not
exceeding two thousand ringgit or to both and, in the case of a
second or subsequent offence, shall be liable on conviction to
imprisonment for a term not exceeding two years or to a fine not
exceeding three thousand ringgit or to both.
(2) On the conviction of any person for an offence under
subsection (1) the Director General shall, if the person convicted
is the holder of a licence under the *Theatres and Places of Public
Amusement Enactment 1936 of the Federated Malay States [F.M.S.
47 of 1936] or under any other corresponding written law in force,
inform the licensing authority concerned of the particulars of such
conviction and the licensing authority may take such action as it
considers appropriate.
*NOTE--The Theatres and Places of Public Amusement Enactment 1936 of the Federated Malay
States [F.M.S. 47 of 1936] has since been repealed by the Theatres and Places of Public Amusement
(Federal Territory) Act 1977 [Act 182]. The Theatres and Places of Public Amusement (Federal
Territory) Act 1977 has since been repealed by the Entertainment (Federal Territory of Kuala
Lumpur) Act 1992 [Act 493] which came into force on 1 October 1993.
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Children and Young Persons (Employment)
Regulations
15. (1) The Minister may make regulations for carrying out any
of the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing, the Minister may make regulations to prescribe--
(a) the form of licence to be issued under section 7 and the
conditions and restrictions to be attached to such licence;
(b) the times which children and young persons employed
shall be entitled to take off from work for meals or as
rest periods; and
(c) the procedure to be followed by any Board appointed
under subsection 8(2) of this Act.
(3)
The regulations contained in the Third Schedule shall have
effect
unless and until replaced or amended by regulations made
under
this section, and shall be deemed to be regulations made
under
this section.
Application of certain provisions of the Employment Act 1955
and regulations made thereunder
16.  The provisions of the Employment Act 1955 set out in the
First Schedule and of any regulations made thereunder, shall apply
to the employment of any child or young person under this Act,
as if those provisions were enacted in and form part of this Act;
and references in those provisions to "contract of service" and
"employer" shall be construed accordingly.
(Omitted).
17.
Saving
18.  Nothing in this Act shall be construed as relieving any person
who has entered into a contract of service, either as an employer
or employee, of any rights, duties or liabilities conferred or imposed
upon him by the provisions of any other written law for the time
being in force in the States of *Peninsular Malaysia or to limit any
power which may be exercised by any public officer pursuant to
any such provisions.
*NOTE--All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"
see the Interpretation (Amendment) Act 1997 [Act A996].
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ACT 350
FIRST SCHEDULE
[Section 16]
PROVISIONS OF EMPLOYMENT ACT 1955
Sections 8, 10, 11 to 29, 31, 32, 37 to 44, 57, 61 to 92, 94, 97 to 99, 101
and 102 (other than paragraph (2)(b)).
SECOND SCHEDULE
[Section 17]
(Omitted)
THIRD SCHEDULE
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
REGULATIONS 1966
Short title
1.  These Regulations may be cited as the Children and Young Persons
(Employment) Regulations 1966.
Interpretation
2.  Unless there is something repugnant in the subject or context, words and
expressions used in these Regulations have the meaning respectively assigned
to them by the Children and Young Persons (Employment) Act 1966 (hereinafter
in these Regulations referred to as the "Act").
CONDITIONS OF LABOUR
Production of children for inspection
3.  Any child employed in any form of labour shall be produced, or caused
to be produced, by his employer for inspection at any time during working
hours or at any other reasonable time upon the demand of--
(a) a Director General;
(b) a Magistrate; or
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Children and Young Persons (Employment)
(c) any person authorized in that behalf by the Director General of
Health, the Director General of Labour or the Director General of
Social Welfare.
PUBLIC ENTERTAINMENTS
Medical examinations
4.  Every child and young person taking part in any public entertainment shall
be produced by the employer of such child or young person or by his agent
for examination and shall be examined by a Government Medical Officer in
the first instance and thereafter not less than once in every three months, and
such Medical Officer shall report the result of his examination to the Director
General.
Form of licence
5.  A licence to take part in a public entertainment issued under section 7 of
the Act shall be in the form as set out in the Schedule to these Regulations,
with such modifications as the circumstances may require. Such licence shall
provide--
(a) the maximum number of performances to be given in any one day
or week;
(b) the maximum number of performances to be given consecutively;
(c) the hours of the day between which a child or young person shall
not take part in a public performance;
(d) that no performance shall exceed four hours in duration;
(e) that a child or young person shall not take part in any performance
which is dangerous to life, limb, health or morals;
(f) that a child or young person shall report in person or in writing to
an Assistant State Director of Labour or a State Director of Labour
when leaving the service of the present employer;
(g) that a child or young person shall report to an Assistant State Director
of Labour or a State Director of Labour in writing or in person when
leaving the District or State and give the destination;
(h) that a child or young person shall report arrival in any District to the
nearest Labour Office in writing or in person; and
(i) any other conditions or remarks.
Penalty
6.  Any person who shall employ any child or young person in breach of any
of the provisions of these Regulations or who shall fail to produce a child or
young person when required under the provisions of regulation 3 or shall
otherwise contravene the provisions of these Regulations, shall be guilty of an
offence and shall, where no other penalty is provided by the Act, be liable to
a fine not exceeding two hundred and fifty ringgit or to imprisonment for a
term which may extend to six months or to both such fine and imprisonment.
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ACT 350
Revocation
7.  The Children and Young Persons Rules 1947 [G.N. 8529 of 1947] (except
rule 17 in so far as it relates to Forms I, II and IV to X of the Schedule thereto)
are hereby revoked.
No ..........................
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
[Section 7--Regulation 5]
LICENCE TO TAKE PART IN A PUBLIC ENTERTAINMENT
Permission is hereby granted to .......................... whose
photograph is attached hereto and who is holder of Identity Card No.
............... to take part in public entertainment in Peninsular Malaysia,
subject to the provisions of the Children and Young Persons
(Employment) Act 1966 and the Regulations made thereunder
and to the conditions mentioned in this licence. This licence may
be cancelled at any time and, unless cancelled, shall be valid
until ...................... 20 ...... so long as the holder is employed by
........................ holder of Identity Card No .......................... and
under the protection of .......................... holder of Identity Card
No .....................
This licence is hereby renewed until:
.................. 20.....
.........................
...............................
(Signature)
(Designation and Office)
.................. 20.....
.........................
...............................
(Signature)
(Designation and Office)
.................. 20.....
.........................
...............................
(Signature)
(Designation and Office)
CONDITIONS
1.
Not more than ..................... performances to be given in
any one week.
2.
Not more than ..................... performances to be given in
any one day with a minimum interval of ....... hours between
successive performances.
3.
No performance to exceed four hours in duration.
4.
Not to take part in any performance which is dangerous to
life, limb, health or morals.
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Children and Young Persons (Employment)
5.
To report in person or in writing to an Assistant State Director
of Labour or a State Director of Labour when leaving the
service of the present employer.
6.
To report to an Assistant State Director of Labour or a State
Director of Labour in writing or in person when leaving the
District or State and to give the destination.
7.
To report arrival in any District to the nearest Labour Office
in writing or in person.
8.
To appear before a Government Medical Officer for
examination not less than once in every three months.
9.
Other conditions or remarks: .......................................................
............................................................................................
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Laws of Malaysia
ACT 350
LAWS OF MALAYSIA
Act 350
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act 265
Employment Act 1955
01-06-1957
P.U. (B) 324/1970
Notification under s. 3 of the
01-01-1971
Titles of Office Ordinance 1949
Act 160
Malaysian Currency (Ringgit)
29-08-1975
Act 1975
Act A996
Interpretation (Amendment)
24-07-1997
Act 1997
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Children and Young Persons (Employment)
LAWS OF MALAYSIA
Act 350
CHILDREN AND YOUNG PERSONS (EMPLOYMENT)
ACT 1966
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
14
Act 160
29-08-1975
Third Schedule
Act 160
29-08-1975
Throughout the
Act 265
01-06-1957
Act
P.U. (B) 324/1970
01-01-1971
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA