Updated: Feb 11
What Is Manual Labour?
The Act does not define what constitutes a "manual worker,"
The landmark case of Colgate Palmolive (M) Sdn Bhd v. Cheong Foo Weng & 12 Ors (and Another Appeal)  2 AMR 2107 defined the phrase "manual labour" as including the following activities:
“Manual labour involves physical exertion as opposed to mental/intellectual effort. Thus it is not manual labour if “the real labour involved is labour of the brain and intelligence”.
Whilst all manual labour would entail some manual work, it cannot be readily assumed that the person performing the manual work is a manual labourer and further it cannot also be accepted that the person is in law “engaged in manual labour”.
The test to determine whether or not a person is “engaged in manual labour” is: “what is the substantial/dominant purpose of the employment, to the exclusion of the matters which are incidental or accessory to the employment”. It is therefore essential to determine whether the work in question is purely physical in nature, as opposed to work which has a physical/manual content but which is really dependent upon acquired skill, knowledge or experience.”
判断一个人是否 "从事体力劳动 "的标准是："就业的实质/主要目的是什么，而不包括就业的附带或附属事项"。因此，必须确定有关工作是否是纯粹的体力劳动，而不是有体力/手工成分但实际上却取决于后天技能、知识或经验的工作"。