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Angela
lawsul@yahoo.com.tw
07/05/2009 23:07:29
Re: Refused to pay Salary as a mean of Termination

Refused to pay Salary as a mean of Termination

This is what my New Employer doing to us, can he do so to do the termination?

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Angela
07/05/2009 23:14:44
8. (1) Where a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the business for the purposes of which an employee is employed or of part of such business, the employee shall not be entitled to any termination benefits payable under these Regulations, if within seven days of the change of ownership, the person by whom the business is to be taken over immediately after the change occurs, offers to continue to employ the employee under terms and conditions of employment not less favourable than those under which the employee was employed before the changed occurs and the employee unreasonably refuses the offer.

(2) If the person by whom the business is to be taken over immediately after the change occurs does not offer to continue to employ the employee in accordance with paragraph (1), the contract of service of the employee shall be deemed to have been terminated, and consequently, the person by whom the employee was employed immediately before the change in ownership occurs and the person by whom the business is taken over immediately after the change occurs shall be jointly and severally liable for the payment of all termination benefits payable under these Regulations.

(3) Where an offer by the person by whom the business is taken over immediately after the change occurs to continue to employ the employee is accepted by such employee the period of employment of the employee under the person by whom the employee was employed immediately before the change occurs, shall, for the purposes of these Regulations, be deemed to be a period of employment under the person by whom the business is takeover, and the change of employer shall not constitute a break in the continuity of the period of his employment.

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just hope the above clause can help

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KL Siew
kl_siew@yahoo.com
08/05/2009 09:31:33
Bear in mind that those Regulations are meant for employees covered by the Employment Act.

About refusal of employer to pay salary, Section 15 of the EA is clear about that and you can take action against the employer:

"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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