- 按照1955劳工法令13(2)条文，假如另一方违反契约中任何条件， 此雇佣契约里的任何一方，可以不用给予任何通知来终止有关服务契约。
- 同时在劳工法15条文提及，若雇主未遵循此法令的Part III（工资最迟必须在工资期限结束后的七天内发出）来缴付工资，有关雇主可被视为已经违反了服务契约。
- 其实这有些类似建设性解雇”(Constructive Dismissal): 一位雇员因雇主的行为构成对雇佣合约的违反，而导致自己无法继续工作而辞职。
- 在Tharmanandan a/l Thangamuthu v Alam Etikaa Resources (M) Sdn Bhd  3 ILJ 8的案件中，员工因为被雇主拖欠薪水长达几个月，导致他被迫离职，最终在工业法庭获得赔偿。
- … the company had evinced an intention of no longer wanted to be bound by the claimant’s contract of employment and thus entitling the claimant to walk out of his employment. The non-payment of salary alone is sufficient to prove on the balance of probabilities that the said conducts of the company amounted to repudiatory branches of the claimant’s contract of employment and thus entitling the claimant to treat himself as being constructively dismissed. Tharmanandan a/l Thangamuthu v Alam Etikaa Resources (M) Sdn Bhd  3 ILJ 8
- 需要留意的是，如果公司只是延迟几天出薪，这可能无法构成Constructive Dismissal。更多其他详情可以点击我们的Constructive Dismissal文章。
EMPLOYMENT ACT 1955
13(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.
When contract is deemed to be broken by employer and employee
15. (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.
(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.
Time of payment of wages
19. (1) Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.
(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 60D(1)(a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period.
(3) Notwithstanding subsections (1) and (2), if the Director General 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.
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