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chong
yeesze@prosper.com.my
28/04/2009 16:50:07
Re: terminate staff which involve in criminal

hai , we got one staff which already didnt come to work for more than 2 days without notified his supervisor as he had been caught by police.what we should do ? we already given him the warning letter. can we terminate him ? we need to pay his wages? in labour law under which section?

thank you very much.
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KL Siew
kl_siew@yahoo.com
28/04/2009 17:41:42
You cannot terminate his service without knowing what sort of offence he has committed. The following section of the EA is the answer for your question.

23. Wages not due for absence from work through imprisonment or attendance in court.

Wages shall not become payable to or recoverable by any employee from his employer for or on account of the term of any sentence of imprisonment undergone by him or for any period spent by him in custody or for or on account of any period spent by him in going to or returning from prison or other place of custody or for or on account of any period spent by him in going to, attending before or returning from a court otherwise than as a witness on his employer's behalf.
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