NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 732 NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011 As at 1 August 2015 2 NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011 Date of Royal Assent … … Date of publication in the Gazette … … 26 August 2011 … 15 September 2011 3 LAWS OF MALAYSIA Act 732 NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II NATIONAL WAGES CONSULTATIVE COUNCIL 3. National Wages Consultative Council 4. Functions and powers of the Council 5. Membership of the Council 6. Temporary exercise of functions of the Chairman 7. Secretary 8. Tenure of office 9. Allowances 10. Revocation of appointment and resignation 11. Vacation of office 12. Meetings 13. Procedure at meetings 14. Minutes 4 Laws of Malaysia ACT 732 Section 15. Council may invite others to meetings 16. Procedure 17. Council may establish committees 18. Secretariat 19. Funds 20. Validity of acts and proceedings PART III MINIMUM WAGES ORDER 21. Council to make consultation, etc. 22. Council to make recommendation 23. Minimum wages order 24. Effect of the minimum wages order 25. Council to review minimum wages order PART IV INVESTIGATION AND ENFORCEMENT 26. Powers of the enforcement officer 27. Production of authority card 28. Search and seizure with warrant 29. Search and seizure without warrant 30. Access to recorded information, computerized data, etc. 31. Warrant admissible notwithstanding defects 32. List of book of account of wages, etc., seized 33. Release of the book of account of wages, etc., seized 34. No cost or damages arising from seizure to be recoverable 35. Obstruction to exercise of powers by enforcement officer 36. Powers to require the production of book of account of wages, etc. National Wages Consultative Council 5 Section 37. Enforcement officer may retain documents 38. Access to records 39. Power to require attendance of persons acquainted with case 40. Examination of persons acquainted with case 41. Admission of statements in evidence 42. Admissibility of documents, etc. PART V OFFENCES AND PENALTIES 43. Offence 44. Court order 45. General Penalty 46. Penalty in the case of a continuing offence 47. Penalty in the case of a repeated offence PART VI GENERAL 48. Responsibility of employer for offences committed by members of board of directors, etc. 49. Offences by body corporate, etc. 50. Public Authorities Protection Act 1948 51. Public servant 52. Protection against suits and legal proceedings 53. Protection of informers 54. Obligations of secrecy 55. Prosecution 56. Compounding of offences 57. Power to make regulations 58. Repeal and dissolution 6 Laws of Malaysia Section 59. Savings 60. References 61. Things done in anticipation of the enactment of the Act ACT 732 7 LAWS OF MALAYSIA Act 732 NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011 An Act to establish a National Wages Consultative Council with the responsibility to conduct studies on all matters concerning minimum wages and to make recommendation to the Government to make minimum wages orders according to sectors, types of employment and regional areas, and to provide for related matters. [1 December 2011] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Wages Consultative Council Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context requires otherwise— 8 Laws of Malaysia ACT 732 “wages” has the same meaning assigned to it in section 2 of the Employment Act 1955 [Act 265], section 2 of the Sabah Labour Ordinance [Cap. 67] or section 2 of the Sarawak Labour Ordinance [Cap. 76]; “minimum wages” means the basic wages to be or as determined under section 23; “Director General” means— (a) in respect of Peninsular Malaysia, the Director General of Labour appointed under subsection 3(1) of the Employment Act 1955; (b) in respect of Sabah, the Director of Labour appointed under subsection 3(1) of the Sabah Labour Ordinance; or (c) in respect of Sarawak, the Director of Labour appointed under subsection 3(1) of the Sarawak Labour Ordinance; “contract of service” means any agreement, whether oral or in writing, and whether express or implied, whereby one person agrees to employ another person as an employee and that other person agrees to serve his employer as an employee, but does not include an apprenticeship contract; “court” means the Magistrate Court; “employer” means any person who has entered into a contract of service to employ another person as an employee and includes the agent, manager or factor of such first-mentioned person; “Council” means the National Wages Consultative Council established under section 3; “Minister” means the Minister charged with the responsibility for human resources; National Wages Consultative Council 9 “enforcement officer” means the officers appointed under section 3 of the Employment Act 1955, section 3 of the Sabah Labour Ordinance or section 3 of the Sarawak Labour Ordinance; “employee” means any person or class of persons specified in the following schedules: (a) the First Schedule to the Employment Act 1955; (b) the Schedule to the Sabah Labour Ordinance; or (c) the Schedule to the Sarawak Labour Ordinance, but does not include the person or class of persons to whom the minimum wages order is not applicable; “Chairman” means the Chairman of the Council appointed under section 5; “minimum wages order” means the order made by the Minister under section 23; “Secretary” means the Secretary of the Council appointed under section 5. PART II NATIONAL WAGES CONSULTATIVE COUNCIL National Wages Consultative Council 3. A council by the name of the “National Wages Consultative Council” is established. Functions and powers of the Council 4. (1) The functions of the Council shall be— 10 Laws of Malaysia ACT 732 (a) to advise the Government on all matters relating to minimum wages, including its development at the international level; (b) to make recommendations to the Government on the minimum wages rates and coverage according to sectors, types of employment and regional areas, and other matters relating to minimum wages and wages; (c) to consult the public on the minimum wages rates and coverage; (d) to collect and analyse data and information and to conduct research on wages and the socioeconomic indicators; (e) to coordinate and supervise, and to evaluate the impact of, the implementation of minimum wages; (f) to review the minimum wages order; (g) to deliberate on all matters relating to minimum wages; (h) to disseminate information and analysis on wages; and (i) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. (2) The Council shall have the power to do all things expedient or reasonably necessary for or incidental to the performance of its functions. Membership of the Council 5. (1) The Council shall consist of the following members who shall be appointed by the Minister by notification in the Gazette: National Wages Consultative Council 11 (a) a Chairman; (b) a Deputy Chairman; (c) a Secretary; (d) at least 5 members from amongst the public officers; (e) at least 5 members representing the employees; (f) at least 5 members representing the employers; and (g) at least 5 other members. (2) The Chairman, Deputy Chairman and the members of the Council referred to in paragraph (1)(g) shall be appointed from amongst persons— (a) who are not the public officers, employers or members of any trade union; and (b) who, in the opinion of the Minister, have knowledge, experience and expertise in matters relating to labour and industrial relations. (3) The Secretary appointed under paragraph (1)(c) shall be a public officer. (4) The members of the Council referred to in paragraphs (1)(c) and (d) shall be appointed by office. (5) The number of members of the Council appointed under paragraph (1)(e) shall be the same as the number of members of the Council appointed under paragraph (1)(f) at any one time. (6) The Council shall consist of members not exceeding twentynine persons at any one time. 12 Laws of Malaysia ACT 732 Temporary exercise of functions of the Chairman 6. (1) The Deputy Chairman shall act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to carry out his functions. (2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman. Secretary 7. (1) The Secretary shall be responsible— (a) to manage the affairs of the Council; (b) to implement the decisions of the Council; and (c) to carry out any other duties as directed by the Council. (2) The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council. Tenure of office 8. (1) The members of the Council shall hold office for a term not exceeding three years and may be reappointed. (2) Notwithstanding subsection (1), the members of the Council appointed under paragraphs 5(1)(c) and (d) shall hold office until the appointment is revoked under subsection 10(1). National Wages Consultative Council 13 Allowances 9. The members of the Council shall be paid such allowances as the Minister may determine. Revocation of appointment and resignation 10. (1) The Minister may, at any time, revoke the appointment of a member of the Council. (2) A member of the Council may resign from office by giving thirty days’ written notice to the Minister. Vacation of office 11. (1) if— The office of a member of the Council shall be vacated (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; 14 Laws of Malaysia ACT 732 (e) he absents himself from two consecutive meetings of the Council without leave of the Chairman, or in the case of the Chairman, without leave of the Minister; (f) his resignation is accepted by the Minister; or (g) his appointment is revoked by the Minister. (2) If the office of a member of the Council is vacated, the Minister may, if necessary, appoint another person to hold the office for the remaining period vacated by that member or for an interim period until a new member is appointed to that office, as the Minister thinks fit. Meetings 12. (1) The Council shall meet at least four times in a year as the Chairman may determine. (2) At least fourteen days’ notice in writing or by electronic mail shall be given to the members of the Council. Procedure at meetings 13. (1) and— The Chairman shall preside at all meetings of the Council (a) in the absence of the Chairman at any meeting of the Council for any reason, the Deputy Chairman shall preside at the meeting; or (b) in the absence of the Chairman and the Deputy Chairman at any meeting of the Council for any reason, any other member of the Council appointed by the Chairman shall preside at the meeting. National Wages Consultative Council 15 (2) The quorum of the Council shall be two-thirds of the members of the Council, including the Chairman. (3