Discrimination Against Employee, Etc

(1) No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee-

(a) makes a complaint about a matter which he considers is not safe or is a risk to health;

 (b) is a member of a safety and health committee established pursuant to Occupational Safety and Health Act; or

(c) exercises any of his functions as a member of the safety and health committee.

(2) No trade union shall take any action on any of its members who, being an employee at a place of work-

(a) makes a complaint about a matter which he considers is not safe or is a risk to health;

(b) is a member of a safety and health committee established pursuant to Occupational Safety and Health Act; or

 (c) exercises any of his functions as a member of the safety and health committee.

(3) An employer who, or a trade union which, contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both.

(4) Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders:

(a) an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that person;

(b) an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position.

Source: Occupational Safety and Health Act 1994

@ Safety Information...ThinkSafe,WorkSafe