Employment Act 1968 · 2020 Revised Edition · Part 15A · Administrative Penalties
126B. Payment of administrative penalty
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
An authorised officer may issue a contravention notice to an employer requiring the employer to pay an administrative penalty of the prescribed amount, for —
each occasion of an alleged failure by the employer to comply with section 95(1), 95A(2) or 96(1) with respect to any one employee or former employee;
each occasion of an alleged failure by the employer to comply with any requirement, in a notification under section 96A that applies to the employer, concerning the furnishing to the Commissioner of information on the retrenchment of any one employee by the employer;
each occasion of an alleged contravention, of any provision of any regulations mentioned in section 139(2)(aa), that the Minister has prescribed under section 139(2B) as a contravention to which section 126A applies, by the employer; or
each occasion of an alleged provision by the employer of inaccurate information or particulars to the Commissioner or an inspecting officer under this Act, inadvertently or without intent to mislead or defraud.
A contravention notice must —
specify the amount of administrative penalty to be paid;
specify the date by which the administrative penalty must be paid; and
set out the brief details of the alleged contravention and such other particulars as may be prescribed.
Different amounts of administrative penalty may be prescribed for different civil contraventions or different circumstances in which a civil contravention takes place.
civil contravention
“civil contravention” means a contravention that is declared to be a civil contravention under section 126A;
Any employer who is issued a contravention notice under subsection (1) must pay the administrative penalty specified in the contravention notice to the authorised officer within the time, in such mode of payment and at such place as is specified in that notice.
employer
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;