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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

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

Children and Young Persons (Employment)

LAWS OF MALAYSIA

Act 350

CHILDREN AND YOUNG PERSONS (EMPLOYMENT)

ACT 1966

ARRANGEMENT OF SECTIONS

Section

Short title and application

1A. Interpretation

EMPLOYMENT

Employment in which children and young persons may be engaged

The Minister may prohibit any child or young person from engaging or

being engaged in any employment

Number of days work

Hours of work of children

Hours of work of young persons

PUBLIC ENTERTAINMENT

Employment connected with public entertainment

INQUIRY INTO WAGES

Power to prescribe minimum wages after inquiry

MISCELLANEOUS

Administration and enforcement

10.

Jurisdiction

11.

Prosecutions and right of audience

12.

Certificate of medical officer as to age

13.

Contractual capacity

14.

Penalty

Laws of Malaysia

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

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).

Laws of Malaysia

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.

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].

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