Leonard Yeoh, Partner, and Pua Jun Wen, Associate of Tay & Partners of Kuala Lumpur have succeeded in the High Court for a landmark criminal appeal related to Section 5 and 94(g) of the Employees’ Social Security Act 1969.
In essence, this case concerns the alleged failure by a multinational corporation to register and pay Social Security Organisation (SOCSO) contributions for its alleged employee as required under Section 5 of Employees’ Social Security Act 1969.
It was the company’s position that the individual involved was an independent contractor and hence was not an employee under the meaning of Section 2(5) of the Employees Social Security Act 1969.
Court decision
In arriving at the decision that there existed a contract for service (for independent contractor), the Court considered that the independent contractors did not have fixed working schedule and the service appointments were dictated by the company’s customers without the company’s involvement.
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