Akta Keselamatan Sosial Pekerja 1969
Applies to: Federal Act — see s 59G (Application of the Public Authorities Protection Act 1948) · Official text ↗
- Applies to all industries in Malaysia with one or more employees (s 3(1)).
- Excludes persons described in the First Schedule (s 3(3)).
- Requires all employees to be insured regardless of wage amount (s 5(1)).
- Contributions of the first category (invalidity and employment injury) are shared by employer and employee; those of the second category (employment injury only) are paid wholly by the employer (s 6)
- Provides benefits including invalidity pension, disablement benefit, and dependants' benefit (s 15).
- Sets out penalties for false claims or failure to pay contributions (ss 93–94).
What this law is
The Employees' Social Security Act 1969 (Akta Keselamatan Sosial Pekerja 1969) is numbered Act 4 in the Laws of Malaysia. Where it applies is set out in section 59G (Application of the Public Authorities Protection Act 1948).
Its long title, as printed in the official text: An Act to provide social security in certain contingencies and to make provision for certain other matters in relation to it.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–2)
- Part II — Insurability and contributions (ss 3–14A)
- Part III — Benefits (ss 15–57C)
- Part IV — Administration, finance and audit (ss 58–82)
- Part V — Adjudication of dispute and claims (ss 83–92)
- Part VI — Penalties (ss 93–95A)
- Part VII — Miscellaneous (ss 96–112A)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Period for appealing an order of an appellate board to the High Court | sixty days from the date the order is made | s 91(3) |
| Minimum duration of temporary disablement for benefit eligibility | at least four days including the day of the accident | s 22(a) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Making false statements or documents to increase or obtain unauthorized benefits | imprisonment for a term which may extend to two years, or with a fine not exceeding ten thousand ringgit, or with both | s 93 |
| Failing to pay contributions, deducting employer's contribution from wages, or obstructing an Inspector | imprisonment for a term which may extend to two years, or with fine not exceeding ten thousand ringgit, or with both | s 94 |
Laws cited on this page
| Act 4 | Employees' Social Security Act 1969 Akta Keselamatan Sosial Pekerja 1969 | PDF · PDF (BM) · Official ↗ |
| Act 198 | Public Authorities Protection Act 1948 Akta Perlindungan Pihak Berkuasa Awam 1948 Our guide → | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act applies throughout Malaysia and comes into force on dates appointed by the Minister. |
| s 2 | Defines terms used in the Act, such as 'child', 'contribution' and 'dependant' — for example, a dependant of a deceased insured person is first a widow, widower or child, and only if there is none, certain other relatives. |
| s 3 | States that the Act applies to all industries with one or more employees, excluding those listed in the First Schedule. |
| s 5 | Requires all employees to be insured, with wages above six thousand ringgit per month deemed to be six thousand ringgit for calculation purposes. |
| s 6 | Specifies that contributions are paid by both employer and employee, with rates set in the Third Schedule and payable monthly. |
| s 15 | Lists the types of benefits available, including invalidity pension, disablement benefit, dependants' benefit, and funeral benefit. |
| s 22 | Entitles persons with temporary or permanent disablement from an employment injury to periodical payments, with temporary benefits requiring at least four days of disablement. |
| s 26 | Provides for dependants' benefit to be paid to widows, widowers, and children of an insured person who dies from an employment injury. |
| s 54 | Requires claims for benefits to be submitted in the prescribed form with supporting evidence. |
| s 89 | States that benefits will not be paid unless claimed in time, though the Board may allow late claims if there was reasonable excuse. |
| s 91 | Allows appeals to the High Court from appellate board orders involving substantial questions of law within sixty days. |
| s 93 | Punishes making false statements or documents to increase or obtain unauthorized benefits with imprisonment or a fine. |
Worked examples
Facts. Ahmad, a factory worker in Penang, suffered a hand injury at work. He did not file a claim for disablement benefit until three months after the accident because he was unsure of the process.
The law. Claims must be made in accordance with regulations (s 54). The Board will not direct payment unless a claim is made in time, but may allow it if there is reasonable excuse (s 89).
Outcome. The Board may accept Ahmad's late claim if it is satisfied there was a reasonable excuse for the delay (s 89).
Facts. Siti works for a small shop in Kuala Lumpur. Her employer deducts the full amount of the employer's contribution from her monthly wages instead of paying it separately.
The law. An employer commits an offence if they deduct or attempt to deduct the employer's contribution from an employee's wages (s 94(b)).
Outcome. The employer is liable to punishment, which may include imprisonment for up to two years or a fine not exceeding ten thousand ringgit (s 94).
Facts. Ravi, an insured employee in Johor, dies from an employment injury. He leaves behind a widow and a 19-year-old son who is still in school.
The law. Dependants' benefit is payable to the widow during life and to each child until marriage or age twenty-one (s 26(1)(a)-(b)).
Outcome. Ravi's widow will receive the benefit for life, and his son will receive it until he marries or turns twenty-one, whichever occurs earlier (s 26(1)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who is covered by this Act?
The Act applies to all industries in Malaysia with one or more employees (s 3(1)). It does not apply to persons described in the First Schedule (s 3(3)).
Who pays the contributions?
Contributions are made up of the employer's and the employee's contributions (s 6(1)). First-category contributions (invalidity and employment injury) are shared in the ratio in Part I of the Third Schedule (s 6(4)); second-category contributions (employment injury only) are paid wholly by the employer (s 6(5)). Rates are in the Third Schedule (s 6(3)).
What happens if I get injured at work?
If you sustain an employment injury, you may be entitled to disablement benefit (s 15(b)). Temporary disablement benefit requires the disablement to last at least four days (s 22(a)).
Can my family receive benefits if I die from a work injury?
Yes, dependants' benefit is payable to your widow, widower, or children if you die as a result of an employment injury (s 26(1)).
What if I miss the deadline to claim my benefit?
The Board will not pay the benefit unless you claim in time (s 89). However, if there was a reasonable excuse for the delay, the Board may still allow the claim (s 89).
Can I appeal against a decision?
No appeal lies from an order of an appellate board set up under the Act, except to the High Court where the order involves a substantial question of law (s 91(1)–(2)), within sixty days from the date the order is made (s 91(3)).
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Sources
Related
Employment law: your rights at workEmployment Act 1955Employees Provident Fund Act 1991