LABOUR ORDINANCE OF SABAH LABOUR (PAYMENT DUE TO DECEASED EMPLOYEE) (SABAH) RULES 2008

LABOUR ORDINANCE OF SABAH LABOUR (PAYMENT DUE TO DECEASED EMPLOYEE) (SABAH) RULES 2008

IN exercise of the powers conferred by subsection 130o(1) of the Labour Ordinance of Sabah [Sabah Cap. 67], the Minister, after consultation with the State Authority makes the following rules:

1. Citation

These rules may be cited as the Labour (Payment Due to Deceased Employee) (Sabah) Rules 2008.

2. Interpretation

In these Rules unless the context otherwise requires--

"Amanah Raya Berhad" means a corporation incorporated under the Companies Act 1965 [Act 125] pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532];

"next-of-kin" means--

(a)any dependant of the deceased employee who wholly or in part depended upon his earnings at the time of his death; or

(b)if no such dependant, any person who is the beneficiary or heir of the deceased employee under any recognized law or custom applicable to the deceased employee relating to the administration of estates in Sabah.

3. Payment of wages to next-of-kin on death of employee

All wages earned and any payment due to the employee shall be payable by the employer to the next-of-kin of the employee upon his death without requiring the grant of probate or issue of letters of administration in respect of the estate of the deceased employee.

4. Payment of termination and lay-off benefits in respect of deceased employee

Any sum due by way of termination or lay-off benefits payable to a deceased employee shall be payable by the employer to the next-of-kin of the employee without requiring the grant of probate or issue of letters of administration in respect of the estate of the deceased employee.

5. Dispute by next-of-kin relating to payment

Any dispute arising in respect of payment payable under these Rules may be referred by the next-of-kin of the deceased employee to the Director who may inquire into the matter under section 7A or 7c of the Ordinance.

Made 26 March 2008

[KSM/PUU/T/01/04 Jld. 2; PN(PU2)207/VI]

DATUK DR. S. SUBRAMANIAM

Minister of Human Resources