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CONTENTS
– Engineers Acts
BEE4641 – Civil Laws, Crimes and Constitutions
(Engineers & Society)
Chapter 4: Engineers & Laws
ENGINEERS ACT ENGINEERS ACT
• Registration of Engineers Act (1967), Revised • Section 24A
(2015) “Restriction on employment of unregistered person to
provide professional engineering services
• Arrangement of Sections
24A. (1) No person shall employ a person, sole
– Part I : Preliminary
proprietorship, partnership or body corporate, other
– Part II : Board of Engineers than a Professional Engineer with Practising Certificate
– Part II : Registration of Engineers or an Engineering consultancy practice, to perform
– Part IV : Cancellation, Removal, Reinstatement, etc. professional engineering services"
– Part V : General
(2) Nothing in subsection (1) shall prohibit the
employment of any person holding one of the
certificates referred to in section 7(3) to do all things
which the certificate enables or authorizes him to do.”
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ENGINEERS ACT ENGINEERS ACT
• Professional Engineering Services: • Branches of Professional Engineering Services:
“Professional engineering services” means i. Engineering services related to engineering works or projects
engineering services and advice in connection with ii. Engineering advice related to engineering works or projects
any feasibility study, planning, survey, design, iii. Any engineering services approved by the Board
construction, commissioning, operation, maintenance
and management of engineering works or projects • Engineering services/advice:
and includes any other engineering services approved
by the Board; Feasibility study Commissioning
Planning Operation
Survey Maintenance
Design Management (?)
Construction
ENGINEERS ACT MALAYSIA GOVERNMENT
• Section 25 (1) Registration of Engineers (Amendment) • Malaysia practices a system of parliamentary
Act 2015 [ActA1288] - General Penalty democracy.
• Ruled with a Constitutional Monarch, with the Yang Di
Pertuan Agong as the head of the country.
"Any person, sole proprietorship, partnership or body • The federal constitution of Malaysia clearly divides the
corporate who contravenes this Act or any regulations authority of the Federation into:
made thereunder, shall be guilty of an offence and shall, – Legislative Authority
where no penalty is expressly provided therefore, be – Judicial Authority and
liable, on conviction, to a fine not exceeding ten thousand – Executive Authority
Ringgit or to imprisonment for a term not exceeding one • The separation of power occurs both at federal and
year, or to both." states level, as in keeping with the concept of
federalism, which forms the basis of the government
administration
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MALAYSIA GOVERNMENT LEGAL SYSTEM
• The Malaysian legal system is based on English common
law.
• The federal government has authority over external
affairs, defense, internal security, justice (except civil law
cases among Malays or other Muslims and other
indigenous peoples, adjudicated under Islamic and
traditional law), federal citizenship, finance, commerce,
industry, communications, transportation, and other
matters.
LEGAL SYSTEM JUDICIARY SYSTEM
UNDANG-UNDANG BERTULIS UNDANG-UNDANG TIDAK
BERTULIS
• Perlembagaan
• Statut • Keputusan Mahkamah
• Undang-undang kecil • Common Law dan ekuiti
• Undang-undang adat
• Undang-undang Islam
• Undang-undang di negara
Komenwel
• Statut Inggeris
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JUDICIARY SYSTEM LABOUR LAWS
• Malaysian Labour Laws as regards employment, security
of employment, unlawful dismissal, termination and lay-off
benefit, EPF, SOCSO and workmen’s compensation.
• Law/Act
– The Employment Act 1955 (amendment in 1998)
– The Children and Young Persons (Employment) Act 1966
– The Employees Provident Fund Act 1991
– The Employees’ Social Security Act 1969
– The Workmen’s Compensation Act 1952
– The Wages Councils Act 1947
– The Industrial Relations Act 1967
– The Trade Unions Act 1959
– The Occupational Safety and Health Act 1994
– The Factories and Machinery Act 1967
SOCSO SOCSO
• Social Security Organisation (SOCSO)/ Pertubuhan
Keselamatan Sosial (PERKESO) • The principle of Social Insurance
• Employers and employees both contribute a monthly – To provide speedy, quality and efficient services using the most
cost-effective methods while utilising advanced technology and
submission to SOCSO as their obligations to fulfill their
ensuring human resource development.
coverage under this social security scheme and the employer
– To review the benefit structure periodically as well as the benefit
makes this payment every month on behalf of the employee. disbursement system.
• Formed in 1971 with objectives of: – As far as possible without increasing the contribution rate to
secure and strengthen SOCSO's funds through prudent financial
– providing comprehensive social security protection for Malaysians
and investment management.
– to ensure the timely and adequate provision of benefits in a socially
– To promote and encourage work safety and health of workers and
just manner
employers alike.
– monitors and promotes occupational health and safety within the work
environment
– to ensure socio-economic security of all working Malaysian citizens
including their dependents through
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EPF EPF
• Employees Provident Fund Act 1991 – An Act to amend and • Nomination
re-enact the law relating to provident fund for persons employed in – If you are 18 years of age and above, you can nominate your
certain occupations and for matters incidental thereto. beneficiary (for non-Muslims) who will receive your savings upon
your death or an administrator (for Muslims) who will manage the
• EPF withdrawal of your savings in the event of your death. You are
– is a savings scheme for your retirement. encouraged to nominate your nearest next-of-kin such as your
spouse, children, parents or siblings in order to facilitate the
– member have the right to ensure their savings is managed withdrawal of your EPF savings. Foreign citizens are not allowed
properly and is always safe. to make any nomination.
– The current contribution rate: employee below age 60 is 8%, • Types of Withdrawal
above age 60 is 4%, and the employer is 12%.
– Retirement (50 or 55 years)
– Employers must pay the contributions according to the rate set out – Housing (purchase, build, reduce loan, unit trust)
in the EPF Act 1991 and should not do their own calculations.
– Others (death, leave country, health, incapacitation, etc.)
– Late payment of contributions will be imposed interest and
dividend
REFERENCES
• K. Rajkumar, Malaysian Labour Laws Made
Simple, 1999, Pelanduk
• http://www.bem.org.my
• http://www.perkeso.gov.my
• http://www.kwsp.gov.my
• http://www.lawyerment.com.my
