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Workmen's Compensation

LAWS OF MALAYSIA

REPRINT

Act 273

WORKMEN'S COMPENSATION

ACT 1952

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

WORKMEN'S COMPENSATION ACT 1952

First enacted

... ... ... ... ... ...

1952 (F.M. Ordinance

No. 85 of 1952)

Revised ... ... ... ... ... ... ... ...

1982 (Act 273 w.e.f.

22 July 1982)

PREVIOUS REPRINT

First Reprint

...

2001

LAWS OF MALAYSIA

Act 273

WORKMEN'S COMPENSATION ACT 1952

ARRANGEMENT OF SECTIONS

Section

Short title

PART I

INTERPRETATION AND APPLICATION

Meaning of "workman"

Interpretation

3A. Power to exempt

PART II

WORKMEN'S COMPENSATION FOR INJURY

Employer's liability for compensation

Compensation for occupational diseases

Compensation limited to injuries received at work

Persons entitled to compensation

Amount of compensation

Method of calculating earnings

10.

Distribution of compensation

11.

Compensation not to be assigned, attached or charged

12.

Notice and claim

13.

Notice to Commissioner by employer

14.

Medical examination and treatment

15.

Approved hospitals and special hospitals

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Laws of Malaysia

Section

16.

Review

16A. Power of review

17.

Commutation of half-monthly payments

18.

Workman leaving Malaysia to reside elsewhere

19.

Liability in case of workmen employed by contractors

20.

Remedies both against employer and stranger

21.

Bankruptcy of employer

22.

Special provisions relating to seamen

23.

Returns as to compensation

24.

Contracting out

25.

Commissioner may receive and pay to dependants money due to a dead

workman from his employer

26.

Compulsory insurance by employer

PART III

THE COMMISSIONER AND ARBITRATORS

27.

Commissioners to hold inquiries

28.

Recording of agreements

29.

Effect of failure to record an agreement

30.

Arbitrator to decide when parties fail to agree

31.

Agreement to be free of stamp duty

32.

Appearance of parties

33.

Experts to assist Arbitrator

34.

Enquiry by Arbitrator

35.

Powers of the Commissioner and of an Arbitrator

36.

Arbitrator's order to be sent to Commissioner

37.

Costs

38.

Power to submit cases

39.

Appeal from Arbitrator

40.

Enforcement of orders and agreements

41.

Limitation of workman's right of action

Workmen's Compensation

Section

42.

Reciprocal arrangements for payment of workman's compensation.

43.

Regulations

44.

Repeal

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

ACT 273

Laws of Malaysia

Workmen's Compensation

LAWS OF MALAYSIA

Act 273

WORKMEN'S COMPENSATION ACT 1952

An Act to provide for the payment of compensation to workmen

for injury suffered in the course of their employment.

[Peninsular Malaysia--1 April 1953,

L.N. 162/1953;

Sabah and Sarawak--1 June 1981,

P.U. (A) 157/1981]

Short title

1. This Act may be cited as the Workmen's Compensation Act

1952.

PART I

INTERPRETATION AND APPLICATION

Meaning of "workman"

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

expression "workman", subject to the proviso to this subsection,

means any person who has, either before or after the commencement

of this Act, entered into or works under a contract of service or

of apprenticeship with an employer, whether by way of manual

labour or otherwise, whether the contract is expressed or implied

or is oral or in writing, whether the remuneration is calculated by

time or by work done and whether by the day, week, month or any

longer period:

Provided that the following persons are excepted from the definition

of "workman"--

(a) any person employed otherwise than by way of manual

labour whose earnings, calculated in accordance with

section 9, exceed five hundred ringgit a month;

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Laws of Malaysia

(b) a person whose employment is of casual nature and who

is employed otherwise than for the purposes of the

employer's trade or business, not being a person employed

for the purposes of any game or recreation and engaged

or paid through a club;

(c) a domestic servant;

(d) any person who is a member of the armed forces or of

any visiting force lawfully present in Malaysia;

(e) any person in the civil employment of Her Britannic

Majesty's Government in the United Kingdom, or in any

other country of the Commonwealth whose contract of

service was not made in Malaysia nor in Singapore;

(f) a person employed, or selected for employment, in a civil

capacity by the Government of Malaysia or by the

Government of any State or by any local authority before

1 April 1953 in the application of this Act in Peninsular

Malaysia, and before 1 January 1957 in the application

of this Act in Sarawak where, in consequence of injury

received by any such person in the discharge of his duties,

a pension, gratuity or other allowance which would not

be payable if such injury were received otherwise is paid

to him or, in the case of his death, to any of his dependants

as defined in this Act under any written law for the time

being in force in Malaysia or any part thereof providing

for the grant of such pension, gratuity or other allowance

(this paragraph shall not apply in Sabah);

(g) any police officer, and any other person engaged to

perform police duties in accordance with the provisions

of any written law while so performing such duties;

(h) an out-worker;

(i) a tributer;

(j) any member of the family of the employer who dwells

with him in his house;

*(k) any class of persons whom the Minister may declare not

to be workmen for the purposes of this Act.

*NOTE--see P.U. (B) 641/1976

Workmen's Compensation

(2) If in any proceedings for the recovery of compensation

under this Act it appears to the Commissioner or an Arbitrator or

the Court that the contract of service or apprenticeship under

which the injured person was working at the time when the accident

causing the injury happened was illegal, the Commissioner, the

Arbitrator or the Court may, if having regard to all the circumstances

of the case he or it thinks proper so to do, deal with the matter

as if the injured person had at such time been a person working

under a valid contract of service or apprenticeship.

(3) Any reference to a workman who has been injured shall,

unless the context otherwise requires, where the workman is dead,

include a reference to his legal personal representative or to his

dependants or any of them or to any public officer whom the

Minister may appoint to act on behalf of the dependants of the

workman.

Interpretation

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

"adopted" means--

(a) in relation to Peninsular Malaysia, in reference to any

child, a child adopted in accordance with the provisions

of the Adoption Act 1952 [Act 257];

(b) *in relation to Sabah, in reference to any child, a child

a d o p t e d or whose adoption has been registered in

accordance with the provisions of any written law relating

to the adoption of children from time to time in force in

Sabah or where there is no written law then a child whom

the Commissioner certifies as having been adopted, prior

to the date of injury, in accordance with religious or

racial custom;

(c) in relation to Sarawak, in reference to any child, a child

adopted in accordance with the provisions of any written

law relating to the adoption of children from time to time

in force in Sarawak;

"adult" means a person who has completed his sixteenth year

of age and "minor" means a person who has not completed his

sixteenth year of age;

*NOTE--For modification to Federal Territory of Labuansee P.U. (A) 273/1984.

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"approved hospital" means a hospital declared to be such under

subsection 15(1);

"Arbitrator" means a person appointed by the Minister to be an

arbitrator for workmen's compensation for such area as may be

specified in that appointment;

"Commissioner" means--

(a) in relation to Peninsular Malaysia, the Director General

of Labour and all Deputy Directors General of Labour,

State Directors of Labour and Assistant State Directors

of Labour appointed under the Employment Act 1955[Act

265] and includes such Labour Officers appointed under

the said Act as the Minister may declare to be vested

with all or any of the powers conferred or duties imposed

upon the Commissioner by this Act;

(b) *in relation to Sabah, the Director of Labour appointed

under the Labour Ordinance of Sabah [Sabah Cap. 67]

and includes a Deputy Director, an Assistant Director

and any Labour Officer appointed under the said Ordinance

whom the Minister may declare to be vested with all or

any of the powers conferred or duties imposed upon the

Commissioner under this Act;

(c) in relation to Sarawak, the Commissioner of Labour

appointed under the Labour Ordinance of Sarawak [Swk

Cap. 76] and includes a Deputy Commissioner, an Assistant

Commissioner and any Labour Officer appointed under

the said Ordinance whom the Minister may declare to be

vested with all or any of the powers conferred or duties

imposed upon the Commissioner under this Act;

"dependant" means any member of the family of a deceased

workman who wholly or in part depended upon his earnings at the

time of his death or would but for the disablement due to the

accident have been so dependent:

Provided that a person shall not be deemed to be a partial

dependant of another person unless he was dependant partially on

contributions from that other person for the provision of the ordinary

necessities of life;

*NOTE--For modification to Federal Territory of Labuansee P.U. (A) 273/1984.

Workmen's Compensation

"domestic servant" means a person employed exclusively in the

work or in connection with work of a private dwelling house and

not of any trade, business or profession carried on by the employer

in such dwelling house and includes a cook, house servant (including

bedroom and kitchen servants), waiter, butler, child's or baby's

nurse, valet, footman, gardener, washerman or washerwoman,

watchman, groom and driver or cleaner of any vehicle licensed for

private use;

"earnings" of a workman shall be deemed to include, in addition

to his actual money earnings, any privilege or benefit the value

of which is capable of being estimated in money, except--

(a) a travelling allowance;

(b) the value of any travelling concession;

(c) a contribution paid by the employer towards any pension

or provident fund;

(d) a sum paid to the workman to cover any special expenses

incurred by him by reason of the nature of his employment:

Provided that in the case of temporary disablement such privileges

and benefits as the injured workman or any of his dependants

continue to enjoy during the period of his said disablement to work

shall not be deemed to be benefits for the purpose of calculating

earnings;

"employer" includes the Government of Malaysia and the

Governments of each of the States; in respect of civilian employees

engaged in Malaysia or in Singapore of any visiting force lawfully

present in Malaysia or of any person in the civil employment of

the Government of any Commonwealth country, whose contract

of service was made in Malaysia or in Singapore, the Government

of that Commonwealth country; any local authority; any person or