Malaysia legislation
Section 107
Section 107
[Deleted by Act A1237.]
For Reference Only
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79
Period for which wages payable 108.
Unless the contract of service otherwise stipulates, and subject to the provisions of section 105, wages shall only be payable for days actually worked, for paid holidays, for days other than
Sundays or other rest days on which through no fault of the employees no work is provided by the employer and for time spent in attending before any court, if such court certifies that his attendance was necessary for the ends of public justice.
Wage period 108A.—
(1)
A contract of service shall specify a wage period not exceeding one month.
(2)
If in the contract of service no wage period is specified, the wage period shall, for the purposes of the contract of service, be deemed to be one month.
Wages not due for absence from work through imprisonment or attendance in court 108B.
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.
[Ins. Act A1237.]
Payment of wages 109.—
(1)
The wages of an employee shall be paid not later than seven days after the expiration of the wage period in respect of which they are due.
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(2)
All wages due to an employee whose contract of service is terminated by expiry of the period for which it was made shall be paid to him on the day on which such contract of service terminates:
Provided that if the Director is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.
[Ins. Act A1237.]
(3)
All wages due to an employee whose contract of service is terminated by his employer shall be paid to him on the day on which such contract of service is terminated or, if this is not possible, on the first day, not being a rest day or gazetted holiday, after the day on which such contract of service is terminated.
(4)
All wages due to an employee who terminates his contract of service with his employer, after he has given due notice to such employer as required under the provisions of section 12 shall be paid to him on the day on which such contract of service is terminated.
(5)
If an employee terminates his contract of service without giving notice to his employer as required under the provisions of section 12 or, if the required notice having been given, the employee terminates his contract of service without waiting for the expiry of such notice, all wages due shall be paid to him before the expiry of the seventh day after the day on which he terminates his contract of service:
Provided that the employer may, subject to any order made by a court or the Director to the contrary, deduct from the wages due to the employee such sum as the employee is liable to pay in lieu of notice according to the provisions of section 13 or the terms of his contract, if any.
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Sarawak Lawnet
81
Restriction on places at which wages may be paid 110.
No employer shall pay wages to employees in taverns or other similar establishments or in places of amusement or in shops or stores for the retail sale of merchandise except in the case of employees employed in such establishments, places, shops or stores.
[Sub. Act A1237.]
Wages to be paid in legal tender 111.—
(1)
Except where otherwise expressly permitted by this
Ordinance, the entire amount of wages earned by, or payable to, any worker in respect of any work done by him shall be actually paid to him in legal tender and every payment of, or on account of, any such wages made in any other form shall be illegal, null and void.
(2)
Every employee shall be entitled to recover in the courts or before the Director acting under section 8A so much of his wages, exclusive of sums lawfully deducted under section 114, as shall not have been actually paid to him in legal tender or paid to him by any of the ways under section 111A.
(3)
Where payment of wages is made in cash it shall be made on working days only and at or near the workplace.
[Ins. Act A1237.]
Payment of wages through bank 111A.—
(1)
Nothing in section 111 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 [Act 372] in any part of Sarawak being an account in the name of the employee or an account in the name of the employee jointly with one or more other person, not being his employer;
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(b)
payment by cheque made payable to or to the order of the employee.
(2)
The consent of the employee under this section may be withdrawn by him at any time by notice in writing given to the employer; and such notice shall take effect at but not before the end of the period of four weeks beginning with the day on which the notice is given.
(3)
The consent of the employee to the mode of payment of wages under subsection (1) shall not be unreasonably withheld or, if granted, shall not be unreasonably withdrawn by the employee notwithstanding subsection (2).
(4)
Any dispute as to whether an employee has unreasonably withheld or withdrawn his consent to the mode of payment of his wages under subsection (1) shall be referred to the Director whose decision on the matter shall be final.
[Ins. Act A1237.]