Malaysia legislation

Section 109

of *LABOUR ORDINANCE [SARAWAK CAP. 76]

Section 109

Payment of wages

(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.

(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 sections 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 provision of section 12 or

Labour 83

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.

Restriction on places at which wages may be paid