- 除了在1955年劳工法令第24条文所提到的（合法扣除)事项外，其它薪资扣除需要获得劳工部总监(Ketua Pengarah)的批准，获得批准后才可扣除。 否则属于违法, 可以导致抵触1955年劳工法令第91(c)条文。
- 扣除为员工注册职工会的费用, 储蓄贷款，合作社的入会基金，月捐，分期付款，贷款利息，或其他款项；
- 扣除为雇员福利而成立的养老金计划的费用, 比如公积金,其他福或保险计划;
6.若雇员在由一九九三年合作社法令下进行的商店, 赊购食品, 应用品, 或其他物品, 雇主可以在雇员书面要求下, 和征得商店经理同意之后, 合法扣除不超过赊帐的款额, 之后把款项交给商店经理用作还债。
- 从雇员最后工资扣除雇员在服务契约终止时, 尚未清还的款项；
- 若得到总监的书面准许, 可以扣除房屋贷款, 从50%之限度加上25%的薪水。
Employment Act 1955
(1)No deductions shall be made by an employer from the wages of an employee otherwise than in accordance with this Act.
(2) It shall be lawful for an employer to make the following deductions—
(a)deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer’s mistake;
(b)deductions for the indemnity due to the employer by the employee under subsection 13(1);
(c)deductions for the recovery of advances of wages made under section 22 provided no interest is charged on the advances; and
(d)deductions authorized by any other written law.
(3) The following deductions shall only be made at the request in writing of the employee—
(a)deductions in respect of the payments to a registered trade union or co-operative thrift and loan society of any sum of money due to the trade union or society by the employee on account of entrance fees, subscriptions, instalments and interest on loans, or other dues; and
(b)deductions in respect of payments for any shares of the employer’s business offered for sale by the employer and purchased by the employee.
(4) The following deductions shall not be made except at the request in writing of the employee and with the prior permission in writing of the Director General:
(a)deductions in respect of payments into any superannuation scheme, provident fund, employer’s welfare scheme or insurance scheme established for the benefit of the employee;
(b)deductions in respect of repayments of advances of wages made to an employee under section 22 where interest is levied on the advances and deductions in respect of the payments of the interest so levied;
(c)deductions in respect of payments to a third party on behalf of the employee;
(d)deductions in respect of payments for the purchase by the employee of any goods of the employer’s business offered for sale by the employer; and
(e)deductions in respect of the rental for accommodation and the cost of services, food and meals provided by the employer to the employee at the employee’s request or under the terms of the employee’s contract of service.
(5) The Director General shall not permit any deduction for payments under paragraph (4)(e) unless he is satisfied that theprovision of the accommodation, services, food or meals is for the benefit of the employee.
(7) Notwithstanding subsections (2), (3), (4) and (6) the Director General, on an application by an employer or a specified class orclasses of employers, may permit any deduction for a specified purpose from the wages of an employee or a specified class orclasses of employees subject to such conditions as he may deem fit to impose.
(8) The total of any amounts deducted under this section from the wages of an employee in respect of any one month shall notexceed fifty per centum of the wages earned by that employee in that month.
(9) The limitation in subsection (8) shall not apply to—
(a)deductions from the indemnity payable by an employerto an employee under subsection 13(1);
(b)deductions from the final payment of the wages of an employee for any amount due to the employer and remaining unpaid by the employee on the termination of the employee’s contract of service; and
(c)deductions for the repayment of a housing loan which, subject to the prior permission in writing of the Director General, may exceed the fifty per centum limit by an additional amount of not more than twenty-five per centum of the wages earned.
91. Any employer who—
(a) fails to pay the wages or indemnity due to any employee within the time prescribed in sections 19, 20 and 21;
(b) makes to any employee any advance of wages in excess of that permitted under section 22; or
(c) makes deductions from the wages of an employee other than such deductions as are authorized by section 24,
99A. Any person who commits any offence under, or contravenes any provision of, this Act, or any regulations, order, or other subsidiary legislation whatsoever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thousand ringgit.
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