LAWS OF MALAYSIA
REPRINT
Act 159
EMPLOYMENT INFORMATION
ACT 1953
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
Laws of Malaysia
2
ACT 159
EMPLOYMENT INFORMATION ACT 1953
First enacted
... ... ... ... ... ...
1953 (F.M. Ordinance
No. 33 of 1953)
Revised ... ... ... ... ... ... ... ...
1975 (Act 159 w.e.f.
15 July 1975)
PREVIOUS REPRINTS
First Reprint
... ... ... ... ...
1967
Second Reprint
... ... ... ... ...
1998
Third Reprint
... ... ... ... ...
2001
Employment Information
3
LAWS OF MALAYSIA
Act 159
EMPLOYMENT INFORMATION ACT 1953
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Interpretation
3.
Authorized officer may require employers to give certain information
4.
Authorized officer may enter premises to make enquiries
(Deleted)
5.
6.
Offences
7.
Information collected restricted to official use
Laws of Malaysia
4
ACT 159
Employment Information
5
LAWS OF MALAYSIA
Act 159
EMPLOYMENT INFORMATION ACT 1953
An Act to facilitate the collection of information regarding the
terms of service and conditions of work of employed persons.
[Peninsular Malaysia--15 November 1953;
L.N. 684/1953;
Sabah and Sarawak--2 March 1967;
P.U. 96/1967]
Short title
1. This Act may be cited as the Employment Information Act
1953.
Interpretation
2. In this Act--
"authorized officer" means the Secretary General of the Ministry
of Human Resources and includes an officer authorized by him for
the purposes of this Act; and
"employer" means any person who has entered into a contract
of service to employ any other person in any capacity whatsoever
and includes the agent, manager or factor of such first mentioned
person, and the word "employ" with its grammatical variations
and cognate expressions, shall be construed accordingly.
Authorized officer may require employers to give certain
information
3. (1) The authorized officer may give notice in writing to any
employer requiring him to make a written statement of--
(a) the number of persons currently employed by him and
the age and sex of each such person;
Laws of Malaysia
6
ACT 159
(b) the terms of the contract between him and each such
person;
(c) the hours required to be worked and actually worked by,
and the leave, holidays and rest periods allowed to, each
such person;
(d) the nature of the work performed for him by each such
person;
(e) wage structure, by occupation;
(f) the qualification and experience required for each
occupation;
(g) the prospects of promotion to a higher grade;
(h) the job description of each occupation;
(i) the normal hours of work and actual hours worked, by
occupation;
(j) paid and unpaid leave, holidays and rest periods;
(k) total earnings including wages, allowances, overtime,
bonuses and other monetary benefits; payment in kind
for each person employed; and
(l) any other information as may be required by the Secretary
General of the Ministry of Human Resources from time
to time for the purposes of this Act.
(2) The written statement required by subsection (1)--
(a) shall be in such form and, subject to subsection (1), shall
contain such particulars as the authorized officer may
specify;
(b) shall be signed by the employer required to make it, who
shall certify that the written statement is, to the best of
his knowledge, accurate in every particular; and
(c) shall be delivered by post or otherwise to the authorized
officer within forty-two days of the date of the notice
given by the authorized officer under subsection (1):
Provided that, if the employer so requests, the authorized
officer may allow him such time in excess of forty-two
days for the delivery of the written statement as may
seem reasonable to the authorized officer.
Employment Information
7
Authorized officer may enter premises to make enquiries
4. (1) The authorized officer shall have power to enter at any
reasonable time any place or premises of employment in which
one or more persons work or in which the authorized officer has
reason to believe that one or more persons work:
Provided that the authorized officer shall, at the time of the
entry, notify the employer of such persons, or, if the employer be
absent, any person purporting to represent him, of his entry.
(2) The authorized officer may put questions concerning--
(a) the number of persons currently working in such place
or premises and the age and sex of each such person;
(b) the terms of the contract between each such person and
his employer;
(c) the hours required to be worked and actually worked by
and the leave, holidays and rest periods allowed to each
such person;
(d) the nature of the work performed by each such person;
and
(e) any other matter relating to the terms and conditions of
service of such persons,
to the employer of such persons, or to any person who may be in
charge of such persons or to such persons, or to any other person
whom he believes to possess any relevant information; and every
person so questioned shall be legally bound to answer such questions
truthfully to the best of his ability.
(3) The authorized officer may require such employer to produce
before him at the place of employment all or any of the persons
currently working for him together with any written contracts or
other documents relating to conditions of service of such persons
and to answer such questions relating thereto as he may think
proper to ask.
5. (Deleted by Act A211).
Laws of Malaysia
8
ACT 159
Offences
6. (1) Any employer who signs a written statement as required by
paragraph 3(2)(b) knowing the statement to be false in any particular
shall, on conviction, be liable to a fine of two thousand ringgit.
(2) Any employer who fails to deliver a written statement to the
authorized officer in accordance with paragraph 3(2)(c) shall, on
conviction, be liable to a fine of two thousand ringgit and in
addition to a fine of one hundred ringgit in respect of every day
during which such offence shall continue.
Information collected restricted to official use
7. (1) Any information collected for the purpose of this Act shall
be treated as confidential and shall be restricted to official use
only.
(2) Any person who uses any information collected for the
purpose of this Act contrary to subsection (1) shall, on conviction,
be liable to a fine not exceeding two thousand ringgit or to
imprisonment not exceeding six months.
Employment Information
9
LAWS OF MALAYSIA
Act 159
EMPLOYMENT INFORMATION ACT 1953
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N. 332/1958
Federal Constitution
13-11-1958
(Modification of Laws)
(Ordinances and Proclamations)
Order 1958
P.U. 96/1967
Modification of Laws
02-03-1967
(Employment Information)
(Extension to Borneo States)
Order 1967
Act A211
Employment Information
31-08-1973
(Amendment) Act 1973
Act 160
Malaysia Currency (Ringgit)
29-08-1975
Act 1975
Laws of Malaysia
10
ACT 159
LAWS OF MALAYSIA
Act 159
EMPLOYMENT INFORMATION ACT 1953
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
L.N. 332/1958
13-11-1958
Act A211
31-08-1973
3
Act A211
31-08-1973
4
Act A211
31-08-1973
5
L.N. 332/1958
13-11-1958
Act A211
31-08-1973
6
Act A211
31-08-1973
7
Act A211
31-08-1973
Schedule
Act A211
31-08-1973
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA