BACK TO WORKER MIGRANT REFUGEE RIGHTS HOMEPAGE
BACK TO MALAYSIA & HUMAN RIGHTS HOMEPAGE

Workmen Compensation Act 1952

Workmen Compensation Act 1952

 

Thursday, 24 April 2008

 AKTA PAMPASAN PEKERJA 1952

This Act shall be made applicable through out Malaysia for the following sectors:

(i)

Private Sector

(a)

Any person employed by way of manual labour, with no earning limit.

(b)

Non-manual labour whose earning is not exceeding RM500/month.

(ii)

Public Sector

(a)

Public Servants engaged by way of manual labor, with no earning limit. 

(b)

Non-manual labor public servants whose earning does not exceeds RM400/month.

The following category of persons are exempted from the application of this Act:

(i)  Casual worker
(ii) Domestic servant
(iii) Armed forces
(iv) Police force
(v)  Out workers

 

 

Foreign Workers Compensation Scheme


Since 1992, all local workers were covered under the SOCSO Act 1969. currently, the WCA 1952 is only applicable for foreign workers as in-force under the Workmen’  Compensation (Foreign Workers Compensation Scheme) (Insurance) Order 2005.


Application.

Foreign Workers covered under the Foreign Workers Compensation Scheme are limited to those falls under the definition of Workmen;

(i)

Those whose earning is not exceeding RM500/month; and

(ii)

Those engaged in manual labor with no wage limit.

 

Employer’ responsibility. Under the scheme, every employer who employs foreign worker is required to pay an insurance premium of RM 72 per annum for each employee. Some 25 insurance providers has been elected under this scheme. They are, among others;  

 

i)

Tokyo Marine Insurance (Malaysia) Berhad

 

ii)

Arab Malaysian Assurance Bhd.

 

iii)

LonPac Insurance Company Berhad

 

iv)

Mayban Assurance Berhad

 

v)

MNI Takaful Sdn. Bhd

 

vi)

Malaysia British Assurance Berhad

 

vii)

Malaysian Assurance Alliance Bhd

 

viii)

Malaysia National Insurance Bhd

 

ix)

The Pacific Insurance Bhd

 

x)

Syarikat Takaful

  Employers are prohibited from deducting their employees wages to cover for the insurance premiums.

  Employers are expected to ensure all particulars given, are complete and accompanied with relevant documents such as Medical Certificate, death certificate, employee’ children’ birth certificate, etc.

  To pay the compensation according to the assessment by the Labor Department directly to the affected person or by depositing the amount to the Labor Department when necessary.

  No payment of compensation shall be made to a  woman or to a minor otherwise than by deposit with the Labor department.

 

Offences

Penalty

 

i)Deducting from employee’ wages to cover the insurance premium






ii)Failure to insure himself with the scheme.







iii)Failure to report accident

i)RM5K or 1 year imprisonment or both Fine of RM20K or imprisonment not exceeding 2 years or to both Fine, RM5K for the first offence, RM10K for any subsequent offence

 

 


ii)RM5K or 1 year imprisonment or both Fine of RM20K or imprisonment not exceeding 2 years or to both Fine, RM5K for the first offence, RM10K for any subsequent offence

 

 


iii)RM5K or 1 year imprisonment or both Fine of RM20K or imprisonment not exceeding 2 years or to both Fine, RM5K for the first offence, RM10K for any subsequent offence

 

 

k