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Sarawak Labour Ordinance (ACT A1237) - Chapter 76: Labour

Table of Content

An Ordinance to make better provision in the law relating to labour. [1st July, 1952]

PART I - LABOUR DEPARTMENT

CHAPTER I - Preliminary

1. Short title

This Ordinance may be cited as the Labour Ordinance

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires -

"adopted", in reference to any child, means -

(a) a child adopted, 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 Sarawak; or

(b) where there is no such written law, a child whom the Director has certified as having been adopted in accordance with religion, custom or usage;

"agreement" - Repealed -

"agricultural undertaking" means any work in which any employee is employed under a contract of service for the purposes of agriculture, aquaculture, horticulture, silviculture or landscaping, fisheries, livestock husbandry, the rearing, hunting or capturing of wild animals, birds, insects, reptiles, amphibians or worms or the collection of the produce of plants or trees;

"apprentice" - Repealed -

"apprenticeship contract" means a written contract entered into by a person with an employer who undertakes to employ the person and train or have him trained systematically for a trade for a specified period which shall not be less than two years in the course of which the apprentice is bound to work in the employer's service;

"approved amenity or approved service" means any amenity or service -

(a) approved by the Director under subsection (2) of section 117 on application made to him by an employer for its inclusion in a contract of service; or

(b) provided for in any award made by the Industrial Court or in any collective agreement;

"approved incentive payment scheme" means an incentive payment scheme approved by the Director upon an application made to him in writing by an employer under and for the purposes of the interpretation of ordinary rate of pay under this section;

"child" means a person under the age of fifteen years;

"collective agreement" has the same meaning assigned thereto as in the Industrial Relations Act 1967;

"confinement" means parturition resulting after at least twenty-eight weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purposes of this Ordinance commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word "confined" shall be construed accordingly;

"constructional work" includes the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, dredge, wireless, telegraphic or telephonic installation, electrical undertaking, gas work, waterwork or other work of construction, as well as preparation for, or the laying of, the foundations of any such work or structure, and also any earthworks both in excavation and in filling;

"contract" - Repealed -

"contract of service" means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract;

"contractor" means any person who contracts with a principal to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal's trade or business;

"day" means -

(a) a continuous period of twenty-four hours beginning at midnight;

or

(b) for the purposes of Chapter XIV in respect of an employee engaged in shift work or in work where the normal hours of work extend beyond midnight, a continuous period of twenty-four hours beginning at any point of time;

"dependant" means -

(a) the husband;

(b) the wife or wives;

(c) a child, step-child or adopted child, who is unmarried and under the age of eighteen years;

(d) natural or legally adoptive parents, of an employee;

"Director" means the Director of Labour appointed by virtue of subsection of section 3;

"domestic servant" means a person employed in connection with the work of a private dwelling-house and not in connection with any trade, business, or profession carried on by the employer in such dwelling-house and includes a cook house-servant, butler, child's nurse, valet, footman, gardener, washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use;

"employee" means any person or class of persons -

(a) included in any category in the Schedule to the extent specified therein; or

(b) in respect of whom the Minister makes an order under subsection

(7) of section 2A;

"employer" means any person who has entered into a contract of service to employ any other person as an employee 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;

"entertainment" includes any exhibition or performance;

"family" means the husband or the wife or wives of an employee, and his children, stepchildren and adopted children who are unmarried and under the age of eighteen years;

"forestry undertaking" means-

(a) any work or occupation involved in the logging, transportation, processing, storage and utilization of timber or the manufacture of timber products;

(b) any work or activity relating to the taking of forest produce; or

(c) any work or occupation involved in forest plantation, re-afforestation, silviculture and horticulture;

"guardian" in relation to a 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;

"health officer" - Repealed -

"hourly rate of pay" means the ordinary rate of pay divided by the normal hours of work;

"immigrant worker" - Repealed -

"Industrial Court" has the same meaning assigned thereto in the Industrial Relations Act 1967;

"industrial undertaking" means -

(a) mines, quarries and other works for the extraction of minerals from the earth;

(b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, published or printed or bound, adapted for sale, broken up or demolished, packed or otherwise prepared for delivery or in which materials are transformed, or minerals treated including shipbuilding, and the generation, transformation and transmission of electricity and motive power of any kind;

(c) constructional work;

(d) transport of passengers or goods by road, rail, water or air including the handling of goods at docks, quays, wharves,
warehouses, bulking installations, airports or airstrips;
(e) any industry, establishment or undertaking, or any other activity, service or work, which the Minister may by order declare to be an industrial undertaking;

"Medical Officer" means a registered medical practitioner who is employed in a medical capacity by the Federal Government or the Government of a State;

"mine" - Repealed'-

"Minister" means the Minister responsible for labour matters;

"native" - Repealed -

"non-resident employee" means any person who does not belong to Sarawak as provided for in section 71 of the Immigration Act 1959/1963;

"normal hours of work" means the number of hours of work, not exceeding the limit prescribed in sub section (1) of section 105, as agreed between an employer and an employee in the contract of service to be the usual hours of work per day;

"ordinary rate of pay" means wages whether calculated by the month, the week, the day, the hour, or by piece rate, or otherwise, which an employee is entitled to receive under the terms of his contract of service for the normal hours of work for one day, but does not include any payment made under an approved incentive payment scheme or any payment for work done on a rest day or on any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday;

"overtime" means the number of hours of work carried out in excess of the normal hours of work per day, and includes, if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that such spread over period ends up to the time that the employee ceases work for the day;

"part-time employee" means a person included in the Schedule whose average hours of work as agreed between him and his employer do not exceed seventy per centum of the normal hours of work of a full-time employee employed in a similar capacity in the same enterprise whether the normal hours of work are calculated with reference to a day, a week, or any other period as may be specified by rules under Chapter XVI B;

"place of employment" means any place where work is carried on for an employer by an employee;

"principal" means any person who in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by that person;

"rate of pay" - Repealed -

"recruit" means to procure, engage, hire or supply or undertake to procure, engage, hire or supply employees for the purpose of being employed by the recruiter or by any other person, where such employee does not spontaneously offer his services at the place of employment or at a public employment office or at an office conducted by an employers' organisation and supervised by the Government;

"registered medical practitioner" means a medical practitioner registered under the Medical Act 1971;

"repatriation" means, in the case of non-resident employee the return of an employee to his country or state of origin, and in the case of a resident employee recruited from Sarawak to a place he specifies to his employer at the time of commencement of employment to be his home town, and "repatriated" shall be construed accordingly;

"shift work" means work which by reason of its nature requires to be carried on continuously or continually, as the case may be, by two or more shifts;

"ship" includes any vessel of any nature, engaged in maritime navigation whether publicly or privately owned, but does not include a ship of war;

"sub-contractor" means any person who contracts with a contractor for the execution by or under that person of the whole or any part of any work undertaken by the contractor for his principal, and includes any person who contracts with a sub- contractor to carry out the whole or any part of any work undertaken by the sub-contractor for a contractor;

"subcontractor for labour" means any person who contracts with a contractor or sub-contractor to supply the labour required for the execution of the whole or any part of any work which a contractor or sub-contractor has contracted to carry out for a principal or contractor, as the case may be;

"underground work" means any undertaking in which operations are conducted for the purpose of extracting any substance from below the surface of the earth, the ingress to and egress from which is by means of shafts, adits or natural caves;

"wage period" means the period in respect of which wages earned by an employee are payable;

"wages" means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include -

(a) the value of any house accommodation or the supply of any food, fuel, light or water or medical attendance, or of any approved amenity or approved service;

(b) any contribution paid by the employer on his own account to any pension fund, provident fund, superannuation scheme, retrenchment, termination, lay-off or retirement scheme, thrift scheme, or any other fund or scheme established for the benefit or welfare of the employee;

(c) any travelling allowance or the value of any travelling concession;

(d) any sum payable to the employee to defray special expenses entailed on him by the nature of his employment;

(e) any gratuity payable on discharge or retirement; or

(f) any annual bonus or any part of any annual bonus;

"week" means a continuous period of seven days;

"woman" means a female of the age of eighteen years or above;

"worker" - Repealed -

"worker-recruiter" - Repealed -

"young person" means a person who has ceased to be a child but has not attained the age of eighteen years.

(2) For the purposes of Chapter XI, a person is deemed to be taking part in entertainment when such person is employed in or connected with such entertainment whether as a performer, stagehand or musician.

(3) where an employee is employed on -

(a) a monthly rate of pay, the ordinary rate of pay per day shall be calculated according to the following formula:

Monthly rate of pay / 26

(b) a weekly rate of pay, the ordinary rate of pay per day shall be calculated according to the following formula:

Weekly rate of pay / 6

(c) a daily rate of pay or on piece rates, the ordinary rate of pay shall be calculated by dividing the total wages earned by such employee during the preceding wage period (excluding any payment made under an approved incentive payment scheme or for work done on any rest day, any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday) by the actual number of days the employee had worked during that wage period (excluding any rest day, any gazetted public holiday or any paid holiday substituted for the gazetted public holiday).

(4) For the purposes of payment of sick leave under section 105E the calculation of the ordinary rate of pay of an employee employed on a daily pay or on piece rate under paragraph (c) of subsection (3) shall take only of the basic pay the employee receives or the rate per piece he or work done in a day under the contract of service.

(5) An employer may adopt any method or formula other than the or formula in subsection (3) for calculating the ordinary rate of pay of employee; but the adoption of any other method or formula shall not a rate which is less than any of the rates calculated using the method or formula in that subsection.

(6) The Minister may by order amend the Schedule.

(7) The Minister may by order declare such provisions of this Ordinance and any other written law as may be specified in the order to be applicable to any person or class of persons employed, engaged or contracted with to carry out work in any occupation in any agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work, and upon the coming into force of any such order -

(a) any person or class of persons specified in the order shall be deemed to be an employee or employees;

(b) the person employing, engaging or contracting with every such person or class of persons shall be deemed to be an employer;

(c) the employer and the employee shall be deemed to have entered into a contract of service with one another;

(d) the place where such employee carries on work for his employer shall be deemed to be a place of employment; and

(e) the remuneration of such employee shall be deemed to be wages,

for the purposes of such specified provisions of this Ordinance and any other written laws.

(8) The Minister may make rules in respect of the terms and conditions upon which the person or class of persons specified pursuant to subsection (7) may be employed.

(9) Notwithstanding the provisions of this Ordinance, the Minister may make rules -

(a) in respect of the terms and conditions of service of a part-time employee; and

(b) prescribing the manner in which the hours of work of an employee are to be computed for the purposes of determining whether that employee falls within the definition of a "part-time employee".

(10) The Minister may, from time to time, by notification published in the Gazette, declare any particular industry, establishment or undertaking, or any class, category or description of industries, establishments or undertakings or any particular activity, service or work, or any class, category or description of activities, services or works, to be an industrial undertaking for the purposes of this Ordinance.

2A. Minister may prohibit employment other than under contract of service.

(1) The Minister may by order prohibit the employment, engagement or contracting of any person or class of persons to carry out work in any occupation in any agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work other than under a contract of service entered into with the principal or owner of that agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work.

(2) Upon the coming into force of any such order, the person or class of persons employed, engaged, or contracted with to carry out the work shall be deemed to be an employee or employees and the principal or owner of the agricultural, forestry or industrial undertaking, constructional work, trade, business or place of work, shall be deemed to be the employer for the purposes of such provisions of this Ordinance and any other written law as may be specified in the order.

(3) Notwithstanding subsection (1), the Minister may by order approve the employment of any person or class of persons by such other person or class of persons (not being the principal or owner) as he may specify but subject to such conditions as he may deem fit to impose.

(4) Any person who contravenes any order made under this section commits an offence.

2B. General power to exempt or exclude

The Minister may by order exempt or exclude, subject to such conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this Ordinance.

CHAPTER II - Officers

3. Director of Labour and other officers.

(1) The Minister may appoint an officer to be styled the Director of Labour, hereinafter referred to as the 'Director'.

(1A) The Minister may appoint, to such number as he considers necessary for carrying out the provisions of this Ordinance, officers of the following categories, that is to say:

(a) Deputy Directors of Labour;

(b) Senior Assistant Directors of Labour;

(c) Assistant Directors of Labour; and

(d) Labour Officers and such other Officers.

(1B) Subject to such limitations, if any, as may be prescribed by rules made under this Ordinance, any officer appointed under subsection (1A) shall perform all the duties imposed and may exercise all the powers conferred upon the Director by this Ordinance, and every duty so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Ordinance.

(2) Any person affected by any decision or order, other than an order under Chapter IIA, given or made by an officer appointed under subsection (1A) may, if he is dissatisfied with such decision or order, within fourteen days of such decision or order being communicated to him, appeal in writing therefrom to the Director.

(3) If any employer is dissatisfied with any decision or order made or given by the Director either original or by virtue of subsection (2), he may appeal from such decision or order to the Minister within fourteen days of the date of such decision or order being communicated to him.

3A. Officers to be authorized by Director

An officer appointed under subsection (1A) of section 3 shall not exercise any of the powers of the Director under this Ordinance unless he is in possession of an official identification signed by the Director authorizing him to exercise such powers, and any officer so authorized shall produce his official identification on demand to the owner or occupier of the place of employment and to the employer of any employee employed thereat.

4. Powers of Inspection and Inquiry.

(1) The Director shall have power to enter without prior notice at all times any place of employment where employees are employed or where he has reasonable grounds for believing that employees are employed and to inspect any building occupied or used for any purpose connected with such employment and to make any inquiry which he considers necessary in relation to any matter within the provisions of this Ordinance.

(1A) In the course of an inspection under subsection (1) -

(a) the Director may put questions concerning the employees to the employer or to any person who may be in charge of them, or to the employees themselves or any other person whom he believes to be acquainted with the facts and circumstances of any matter within the provisions of this Ordinance;

(b) the employer or such person, or any such employee, or any such other person shall be legally bound to answer such questions truly to the best of his ability;

(c) a statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish; and

(d) any statement made and recorded under this section shall be admissible as evidence in any proceedings in court.

(2) If the Director has reasonable ground for suspecting that any offence has been committed against an employee, and whenever any complaint of personal ill-usage or breach of any of the provisions of this Ordinance is made to the Director, the Director may forthwith remove, or cause to be removed, such employee from the place of employment where he is employed for further enquiry into the matter.

(3) The Director may by order in writing require any employer to take within such reasonable time as the Director may determine such steps as he considers necessary with a view to remedying defects observed in plant, layout, working methods, supervision, medical or sanitary provision or other matters at any place of employment which he may have reasonable cause to believe constitute a threat to the health or safety of the employees.

5. Accidents to be notified.

- Repealed -

6. Inspection of documents.

(1) The Director may -

(a) require the employer to produce before him all or any of the employees employed by him together with any contracts of service, books of account of wages, registers and other documents relating to the employees or their employment and to answer such questions in respect of the employees or their employment as he may think fit to ask;

(b) take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes;

(c) copy or make extracts from the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment;

(d) take possession of the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment where, in his opinion -

(i) the inspection, copying or the making of extracts from the contracts of service, books of account of wages, registers or other documents cannot reasonably be undertaken without taking possession of them;

(ii) the contracts of service, books of account of wages, registers or other documents may be interfered with or destroyed unless he takes possession of them; or

(iii) the contracts of service, books of account of wages, registers or other documents may be needed as evidence in any legal proceedings under this Ordinance.

(2) Notwithstanding paragraph (a) of sub-section (1), no employee shall be required to leave or to cease from performing any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried on by his employer.

7. Power of summons and institution of proceedings

(1) Whenever the Director has reasonable grounds for suspicion that any offence under this Ordinance or any rule made hereunder has been committed or is about to be committed or wishes to enquire into any matter concerning terms and conditions of employment or any other matter relating to employer and employees dealt with under the provisions of this Ordinance or any rules made thereunder, or whenever any person complaints to the Director of any breach of any provision of this Ordinance, the Director may summon any person whom he has reason to believe can give information respecting the subject matter of the enquiry and the person so summoned shall be legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Director may put to him.

(1A) The Director may issue to the employer such order as may be necessary or expedient to resolve the matters dealt with under subsection (1).

(2) If the Director is of opinion that an offence has been committed or that any complaint is well founded he may institute such criminal proceedings as he shall deem necessary in the circumstances.

(3) A summons issued under this section shall be in such forms as may be prescribed.

8. Penalties

- Repealed -

CHAPTER IIA - Complaints and Inquiries

8A. Director's power to inquire into complaints

(1) The Director may inquire into and decide any dispute between an employee and his employer in respect of wages or any other payment in cash due to such employee under -

(a) any term of the contract of service between such employee and his employer;

(b) any of the provisions of this Ordinance or any subsidiary legislation made thereunder; or

(c) the provisions of the Wages Council Act 1947 or any order made thereunder,
and, in pursuance of such decision, may make an order in the prescribed form for the payment by the employer of such sum of money as he deems just without limitation of the amount of such sum of money.

(2) The powers of the Director under subsection (1) shall include the power to hear and decide, in accordance with the procedure laid down in this Chapter, any claim by-

(a) an employee against any person liable under section 117C;

(b) a sub-contractor for labour against a contractor or sub-contractor for any sum of money which the sub-contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or sub-contractor; or

(c) an employer against his employee in respect of indemnity due to such employer under subsection (1) of section 13; and to make such consequential orders as may be necessary to give effect to his decision.

(3) In addition to the powers conferred by subsections (1) and (2), the Director may inquire into and confirm or set aside any decision made by an employer to dismiss without notice, or downgrade or impose any other lesser punishment made by an employer under subsection (1) of section 14 and the Director may make such consequential orders as may be necessary to give effect to his decision:

Provided that if the decision of the employer under paragraph (a) of subsection(l) of section 14 is set aside, the consequential order made by the Director against such employer shall be confined to payment of indemnity in lieu of notice and other payments that the employee is entitled to as if no misconduct was committed by the employee:

Provided further that the Director shall not set aside any decision made by an employer when any other lesser punishment is imposed by an employer under paragraph (c) of subsection (1) of section 14 if such decision has not resulted in any loss in wages or other payments payable to the employee under his contract of service:

And provided further that the Director, shall not exercise the power conferred by this subsection unless the employee has made a complaint to him under the provisions of this Chapter within sixty days from the date on which the decision under section 14 is communicated to him either orally or in writing by his employer.

(4) An order made by the Director for the payment of money under this section shall carry interest at the rate of 8 per centum per annum, or at such other rate not exceeding 8 per centum per annum as the Director may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the order until the day the order is satisfied:

Provided that the Director, on an application by an employer made within 30 days from the date of the making of the order, if he is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.

8B. Limitation on power conferred by section 8A.

Notwithstanding section 8A, the Director shall not inquire into, hear, decide or make any order in respect of any claim, dispute or purported dispute which, in accordance with the Industrial Relations Act 1967 -

(a) is pending in any inquiry or proceedings under that Act;

(b) has been decided upon by the Minister under subsection (3) of section 20 of that Act; or

(c) has been referred to, or is pending in any proceedings before, the Industrial Court.

8C. Additional powers of Director to inquire into complaints.

(1) Notwithstanding the provisions of this Ordinance, the powers of the Director under paragraph (a) of subsection (1) of section 8A shall extend to employees whose wages per month exceed two thousand five hundred ringgit but does not exceed five thousand ringgit.

(2) For the purposes of this section, the term "wages" means wages as defined in section 2 but does not include any payment by way of commission, subsistence allowance or overtime payment.

(3) Save for this Chapter and Chapter XVI which shall apply with the necessary modifications, the other provisions of this Ordinance shall not apply to the employees referred to in subsection (1).

8D. Claims for indemnity for termination of contract without notice.

(1) In the exercise of his powers under subsection (1) of section 8C, the Director may inquire into and decide any claim concerning any indemnity due to the employer or the employee where the contract of service is terminated by either party without notice, or if notice was given, without waiting for the expiry of that notice.

(2) The indemnity due to the employer or employee under subsection (1) shall be a sum equal to the amount of wages which would have accrued to the employee during the term of the notice or during the unexpired term of the notice.

8E. Order of Director may be in writing.

Notwithstanding sub-section (1) of section 8A, an order of the Director made under subsection (1) of section 8C or subsection (1) of section 8D for the payment by or to the employer or employee of a sum of money as the Director deems just, without any limitation of amount, may be made in writing.

8F. Procedure in Director's inquiry.

The procedure for disposing of questions arising under sections 8A, 8C and 8D shall be as follows:

(a) the person complaining shall present to the Director a written statement of his complaint and of the remedy which he seeks or he shall in person make a statement to the Director of his complaint and of the remedy which he seeks;

(b) the Director shall as soon as practicable thereafter examine the complainant on oath or affirmation and shall record the substance of the complainant's statement in his case book;

(c) the Director may make such inquiry as he deems necessary to satisfy himself that the complaint discloses matters which in his opinion ought to be inquired into and may summon in the prescribed form the person complained against, or if it appears to him without any inquiry that the complaint discloses matters which ought to be inquired into he may forthwith summon the person complained against:

Provided that if the person complained against attends in person before the Director it shall not be necessary to serve a summons upon him;

(d) when issuing a summons to a person complained against, the Director shall give such person notice of the complaint made against him and the name of the complainant and shall inform him of the date, time and place at which he is required to attend and shall inform him that he may bring with him any witnesses he may wish to call on his behalf and that he may apply to the Director for summonses to such persons to appear as witnesses on his behalf;

(e) when the Director issues a summons to a person complained against he shall inform the complainant of the date, time and place mentioned therein and shall instruct the complainant to bring with him any witnesses he may wish to call on his behalf and may on the request of the complainant and subject to any condition as he may deem fit to impose, issue summonses to such witnesses to appear on behalf of the complainant;

(f) when at any time before or during an inquiry the Director has reason to believe that there are any persons whose financial interests are likely to be affected by such decision as he may give on completion of the inquiry or whom he has reason to believe have knowledge of the matters in issue or can give any evidence relevant thereto he may summon any or all of such persons;

(g) the Director shall, at the time and place appointed, examine on oath or affirmation those persons summoned or otherwise present whose evidence he deems material to the matters in issue and shall then give his decision on the matters in issue;

(h) if the person complained against or any person whose financial interests the Director has reason to believe are likely to be affected and who has been duly summoned to attend at the time and place appointed in the summons fails so to attend, the Director may hear and decide the complaint in the absence of such person notwithstanding that the interests of such person may be prejudicially affected by his decision;

(i) in order to enable a court to enforce the decision of the Director, the Director shall embody his decision in an order in such form as may be prescribed.

8G. Director's record of inquiry.

The Director shall keep a case book in which he shall record the evidence of persons summoned or otherwise present and his decision and order in each matter in issue before him and shall authenticate the same by attaching his signature thereto and the record in such case book shall be sufficient evidence of the giving of any decision; and any person interested in such decision or order shall be entitled to a copy thereof free of charge and to a copy of the record upon payment of the prescribed fee.

8H. Joinder of several complaints in one complaint

Where it appears to the Director in any proceedings under this Chapter that there are more employees than one having a common cause for complaint against the same employer or person liable, it shall not be necessary for each employee to make a separate complaint under this Chapter, but the Director may, if he thinks fit, permit one or more of them to represent the others, and the Director may proceed to a decision on the joint complaint or complaints of each and all such employees:

Provided that, where the Director is of the opinion that the interests of the employer or person liable are likely to be prejudiced by the non-attendance of any employee, he shall require the personal attendance of such employee.

8I. Prohibitory order by director to third party

(1) Whenever the Director shall have made an order under section 8A, 8C or 8D, against any employer or any person liable for the payment of any sum of money to any employee or sub-contractor for labour and the Director has reason to believe that there exists between such employer or person liable and any other person a contract, not necessarily a contract as defined in section 2, in the course of the performance of which the employee or sub-contractor performed the work in respect of which the order was made, the Director may summon such other person and, if after enquiry he is satisfied that such a contract exists, may make an order in the prescribed form prohibiting him from paying to the employer or person liable and requiring him to pay to the Director any money (not exceeding the amount found due to such employee or sub-contractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract:

Provided that where such other person admits to the Director in writing that money is owing by him under such contract to the employer or person liable he need not be summoned to attend before the Director and the Director may make such order in his absence:

Provided further that where such other person is liable as a principal under subsection (1) of section 117C to pay any wages due by the employer or person liable and where the money admitted by him to be owing to the employer or person liable is not sufficient to pay the whole of such wages, nothing in this subsection shall relieve him of his liability for the balance of such wages up to the amount for which he is liable under proviso (b) of the said _subsection.

(2) The payment of any money in pursuance of an order under subsection (1) shall be a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.

8J. No fees for summons; service of summons.

(1) No fee shall be charged by the Director in respect of any summons issued by him under this Chapter.

(2) Any such summons may be served by a Sessions Court or a Magistrates' Court on behalf of the Director or in such other manner, and by such person, as the Director may deem fit.

8K. Enforcement of Director's order by Sessions Court.

Where any order has been made by the Director under this Chapter, and the same has not been complied with by the person to whom it is addressed, the Director may send a certified copy thereof to the Registrar of a Sessions Court, or to the Court of a First Class Magistrate, having jurisdiction in the place to which the order relates or in the place where the order was made, and the Registrar or Court, as the case may be, shall cause the said copy to be recorded and thereupon the order shall for all purposes be enforceable as a judgment of the Sessions Court or of the Court of the First Class Magistrate, as the case may be, notwithstanding that the same may in respect of amount or value be in excess of the ordinary jurisdiction of the said Court:

Provided that no sale of immovable property shall for the purposes of such enforcement be ordered except by the High Court.

8L. Submission by Director to High Court on point of law.

(1) In any proceedings under this Chapter the Director may, if he thinks fit, submit any question of law for the decision of a Judge of the High Court and if he does so he shall decide the proceedings in conformity with such decision.

(2) An appeal shall lie to the Court of Appeal from any decision of a Judge under subsection (1).

8M. Appeal against Director's order to High Court.

(1) If any person whose financial interests are affected is dissatisfied with the decision or order of the Director under Section 8A, 8C, 8D or Section 81, such person may appeal to the High Court.

(2) Subject to any rules made under section 4 of the Subordinate Court Rules Act 1955, the procedure in an appeal to the High Court shall be the procedure in a civil appeal from a Sessions Court with such modifications as the circumstances may require.

8N. Employee's remedy when employer about to abscond.

(1) If any employee complains to a Magistrate that he has reasonable grounds for believing that his employer, in order to evade payment of his wages, is about to abscond, the Magistrate may summon such employer and direct him to show cause why he should not be required to give security by bond to remain in the State until such wages are paid; and if, after hearing the evidence of such employer, the Magistrate decides that such bond shall be given, the Magistrate may order such employer to give security by bond in such sum as to the Magistrate seems reasonable, that he will not leave the State until the magistrate is satisfied that all the just claims of such employee against him for wages have been paid or settled.

(2) If the employer fails to comply with the terms of such order to give security, he shall be detained in prison until arrangements have been made to the satisfaction of the Magistrate for settling the claims of such employee:

Provided that -

(a) such employer shall be released at any time by the committing Magistrate on security being furnished or on his paying either the whole or such part as to the Magistrate seems reasonable of all just claims of such employee against him for wages or on filing of a petition in bankruptcy by or against him; and

(b) in no case shall the period of such detention exceed three months.

(3) The bond to be given by an employer shall be a personal bond with one or more sureties, and the penalty for breach of the bond shall be fixed with due regard to the circumstances of the case and the means of the employer.

(4) If on or after a complaint by any employee under subsection (1) it appears to the Magistrate that there is good ground for believing that the employer complained against has absconded or is absconding or is about to abscond, the Magistrate may issue a warrant for the arrest of such employer and such employer shall be detained in custody pending the hearing of the complaint unless he finds good and sufficient security to the satisfaction of the Magistrate for his appearance to answer the complaint.

(5) For the purposes of this section, a certificate purporting to be signed by the Director and issued to the Magistrate to the effect that wages claimed have been paid or settled shall be sufficient evidence of the payment or settlement thereof.

8O. Examination on summons by the Director.

Any person summoned by the Director under this Chapter shall be; legally bound to attend at the time and place specified in the summons and to answer truthfully all question which the Director may put to him.

8P. Right of employee to appear before the Director

No employer shall prevent or attempt to prevent any employee from appearing before the Director in pursuance of this Chapter.

CHAPTER III - Repealed

9. Rules

- Repealed -

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