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Sally
12/08/2008 11:33:00
Re: 個人破產和雇用合約

HI, 你好.

我公司最近雇用了一名女職員,負責處理出貨發票等工作了近兩個月左右.因為公司的作業程序是一名員工在 CONFIRM 時,必須出不示或辦理銀行 SAVING ACCOUNT NO,以利會計員往後在薪金之便.此條件在員工第一次加入時,已經在口頭上知會了,但沒有註明在雇用合約.

由於此人近期將截滿 CONFIRM,我負責跟進及要求他將銀行 SAVING ACCOUNT NO 不得已時,才知道他因為欠下銀行一大筆債,已經被 MBB 列入 BLACK LIST,所有存入的薪資都會被充公.基本上,該名員工即不願意自動 RESIGN, 也不願意附合公司作業程序提供銀行 SAVING ACCOUNT NO 給會計單位.而公司的會計單位也表明不再提供現金發薪.請問,我可以有那些方法,

1) 此員工工作,出勤,記律都沒有問題,可以發 WARNING LETTER 之後SACK 他嗎?
2) 如果會計單位有能力查獲此員工的 SAVING ACCOUNT NO,可以在不理會當事人同意之下,直接 BANK IN SALARY 嗎?

THANKS.

FR:SALLY
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KL Siew
kl_siew@yahoo.com
12/08/2008 14:24:27
You may get some guidance from Section 25A of the Employment Act as follow:

"25A. Payment of wage through bank.

(1) Nothing in section 25(1) shall operate so as to render unlawful or invalid any payment of wages by the employer to the employee with the employee's written consent in any of the following ways:

(a) payment into an account at a bank or a finance company licensed under the Banking and Financial Institutions Act 1989 in any part of Malaysia being an account in the name of the employee or an account in the name of the employee jointly with one or more other persons;

(b) payment by cheque made payable to or to the order of the employee......"

So, if you don't want to pay cash, you may get his consent to receive his salary by cheque as in (b) so that he can cash the cheque at your bank. Don't bank in, he may not be able to get his pay because as you said, the bank has frozen his account. You don't have to sack him because of that. You better read the entire Section 25 and 25A of the EA in full for more details.
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