Landmark decision in Atan ak BalonĄ¯s case
 

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Landmark decision in Atan ak BalonĄ¯s case
 

BANKS MERGER (4) (REVISED)

BANKS MERGER

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Speech deliver by WONG SING NANG, DAP Sarawak

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(Sibu, 5th) DAP Sarawak State Chairman Mr. Wong Sing Nang welcome the decision taken by SOCSO Appellate Board decision that a chainsaw operator who was killed in an accident while working for a timber company is an employee entitled to SOCSO and EPF contribution. 

Mr. Wong, who is also the State Assemblyman for Pelawan said this decision is a landmark case for the employee in the timber industry in Sarawak. 

Mr. Wong said from the press report, the Appellate Board was corrected to conclude that the law extensively set out that the reality of the contract and not its label was what mattered in determining the true relationship between the parties. The law looks for its substance and not merely the label. Whether a person is an independent contractor or employee, it matters not the label but the substance of it. 

It is very clear that no body can contract out its statutory obligations by merely signing a employment contract to that effects. 

The ruling by the Board put the purposive approach of the legislation into effect and the workers in the timber industry welcome the decisions wholeheartedly. 

It is to be noted that the high rate of accidents in the timber industry warrant the authority to take special attention to the purposes of the various Act of Parliament and Ordinances. 
 

WONG SING NANG
 
 
 
 
 
 
 
 

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