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Human Resources Development Act 1992

Table of Content

An Act to provide for the imposition and collection of a human resources development levy for the purpose of promoting the training of employees, the establishment of a Human Resources Development Council and Fund and for matters connected therewith.

BE IT ENACTED by the Duli Yang Maha Mulia Sen 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:

PART I - PRELIMINARY

1. Short title and application.

(1) This Act may be cited as the Human Resources Development Act 1992.

(2) This Act shall apply to the classes of employers in the industries specified in the First Schedule.

(3) The Minister may, from time to time, by an order published in the Gazette, add to, delete from, vary or amend the First Schedule.

2. Interpretation.

In this Act, unless the context otherwise requires—

"apprenticeship contract" means a written contract entered [Am. Act into by a person with an employer who undertakes to employ A956] the person and train or have him trained systematically for a trade for a specified period approved by the Director-General in the course of which the apprentice is bound to work in the
employer's service;

"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;

"Council" means the Human Resources Development Council established under section 13;

"Director General" means the Director General appointed under section 20;

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

"employee" means any citizen of Malaysia who is employed for wages under a contract of service with an employer, but does not include any domestic servant;

"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;

"Fund" means the Human Resources Development Fund established under section 9;

"levy" means the human resources development levy imposed under section 3 or 3A;

"wages" means the basic salary and fixed allowances or other emoluments of a like nature paid in cash by or on behalf of an employer to an employee, and includes any leave pay and arrears of wages but does not include—

(a) any contribution paid by an employer on his own account to any pension fund, provident fund, super-annuation 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;

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

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

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

(e) any bonus or commission.

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