The Employment Act 1955 covers all employees, but not all employees are covered in the same manner.
For example,
(1) In general employees who earn more than RM4000 a month are not entitled for certain payments such as:
a) Payment for work on Rest Day under Sect. 60(3))
b) Payment for OT under Sect. 60A(3) :
c) Payment for shift allowance under Sect. 60C(2A) :
d) Payment for work on Public Holiday under Sect. 60D(3)
e) Not entitled to full day’s pay for half day Public Holiday under Sect. 60D(4)
f) Not entitled for Termination Benefit under Sect. 60J
(2) Regardless of (1) above, manual labour and his supervisor, those who operate or maintain mechanical vehicles meant for commerce who earn above RM4000 enjoy full coverage and entitlements as those who earn up to RM4000
(3) Employees on boats and shipping vessel are generally excluded from almost all protection under Part XII of the Act, as is domestic employee who is further excluded from various other parts of the Act
(4) An apprentice who is under the apprenticeship contract as approved by the DG of Labour is not covered by some parts of the Employment Act
On the other hand, the Industrial Relations Act applies to all persons classified as a “workman” irrespective of their earnings or job titles.
