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23/04/2009 13:00:07
Re: resignation

i work with my company since Dec2006 without signing any offer letter.
Now i having a big problem cos since march 2009, company delay my salary.
i wondering their will not pay my salary for month of april 2009.

Company do provided me a car, laptop. should i give back to them since i havent received my salary?

can i resign immediately or giving them 1day notice?
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KL Siew
23/04/2009 17:20:56
Without knowing your actual problems with your employer, I would just let you read the law in the Employment Act for information. However, if your salary is over RM1500, the two Sections are not applicable to you. It is advisable to sort out the problems amicably.

13. Termination of contract without notice.

(1) Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 12, without waiting for the expiry of that notice, by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice,

(2) Either party to a contract of service may terminate such contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.

15. When contract is deemed to be broken by employer and employee.

(1) An employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages in accordance with Part III,

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23/04/2009 17:47:23
yes, currently my salary are RM 3600.

I will start a new business with my partner next month(May2009). Currently my company having a big financial crisis. Since March 2009 till now, i havent received my salary, i think i have the right to tender my resignation.

By the way, should i return back the asset to company if i still havent received my salary? it is illegal to do that?
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KL Siew
23/04/2009 20:12:35
I am in the position to make any comment. You may consult a lawyer.
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02/05/2009 12:46:25
Play safe, return the properties of the company. The salary they owe you and the property they give you to conduct business are 2 separate things. You can take action to recover your salary with the Labour Department. If you keep the company possession, the company can make police report and you will be at the losing end.

You can resign by claiming constructive dismissal as not paying salary is a breach going to the fundamentals of the contract. This is provided you have not agreed in wrtiting to any such delay. Check with the Labout Department or with an IR lawyer for more detailed advice.
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