Clause 5

No employer or contractor shall, by reason of any adverse effect on his business consequent solely on the severance of trade relations between Malaysia and Indonesia, terminate the services of an employee for a period of six months from a date to be determined by the Director as provided in this section.

If the Director is satisfied, from information received from an employer, contractor or any other source, that for the reason set out in subsection (1) of this section, any employer or contractor is unable to provide full employment or is able to provide only partial employment to any of his employees, the Director may, after making such inquiries as he may deem necessary, determine the date from which the employer or contractor is unable to provide full employment or is able to provide only partial employment (hereinafter in this Ordinance referred to as the “relevant date”) and shall advise the employer or contractor in writing of the relevant date and of his obligations under this Ordinance.

Nothing in subsection (2) of this section shall be construed as absolving an employer or contractor from notifying the Director in writing, in such form as the Director may require, that he is unable to provide full employment or is able to provide only partial employment to any of his employees.

The decision of the Director as to the relevant date shall be final and binding and shall not be called in question in any court.