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Children and Young Persons (Employment) (Amendment) Act 2010

Section Amendment
Non-application The Act is not applicable to a person above 16 years and below 18 years who is engaged in an existing employment before commencement of the Act.
Interpretations
  • “Child” is a person who has not completed his 15th year of age (before: 14th).

  • “Young person” is a person who, not being a child has not completed his 18th year of age (before: 16th).

  • “Employ” and “employment” no longer covers employment in labour exercised by way of a trade.

  • New definition “light work” which is work performed by a worker:

    1. While sitting, with moderate movement of the arm, leg and trunk; or

    2. While standing, with mostly moderate movement of the arm.

Employment in which children and young person persons may be engaged
  • No child shall or be required or permitted to be engaged in any hazardous work, or any employment other than those specified in Section 2.

  • The criteria for the Minister to declare an employment as permitted or not or to impose conditions now also covers safety. (before: life, limb, health, moral)

  • No child or young person shall or be required/permitted to be engaged in employment contrary to the Factories and Machinery Act 1967, the Occupational Safety and Health Act 1994 or the Electricity Supply Act 1990 or in any employment requiring him to work underground.

Employment in which children and young person persons may be engaged

New Subsection (6): “For the purpose of this section, “hazardous work” means any work that has been classified as hazardous work based on the risk assessment conducted by a competent authority on safety and health determined by the Minister”.

Employment connected
with public entertainment
Subsection 7(2) is amended to read “No licence under subsection (1) shall be granted by the Director General to any person where he is of the opinion that the employment is dangerous to the life, limb, health, safety or morals of the child or young person aforesaid.
Offence by
body corporate, etc.
New section 9A

Where an offence under this Act has been committed by a body corporate, partnership, society or trade union:

  • In the case of a body corporate, any person who is a director, manager, or other similar officer of the body corporate at the time of the commission of the offence;

  • In the case of a partnership, every partner in the partnership at the time of the commission of the offence; and

  • In the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence;

Shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union.

Penalty

Penalties are tightened as follows:

  First Offence Second & Subsequent Offence
  New Old New Old
Imprisonment One year Six months Three years Two years
Fine not exceeding RM5,000 RM2,000 RM10,000 RM3,000
Application of certain provisions of the Employment Act 1955
and regulations made thereunder
The section is amended to apply the entire Employment Act 1955; and not only the selected provisions set out in the First Schedule of the Children and Young Persons (Employment) Act 1966. In this respect, the First Schedule has also been deleted.
Saving provision Any existing contract of employment entered by a child or young person under subsection 2(2) or (3) before the effective date of this Act is valid.

Gazetted: December 30, 2011

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