Kamila a/p Lokanathan's avatar'
Kamila a/p Lokanathan•4 tahun yang lepasAbout Salary & Benefits

Good Afternoon, all. I would like to get clarification and advise whether can we not pay salary to an employee who is under released bail waiting for court hearing (drug related issue) and consider that circumstances same as detention/ custody as stated under EA Section 23. Appreciate your kind advise.

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Jiey Ee's avatar'
Jiey Ee•5 tahun yang lepas
If it concerns an EA employee, then it is clear, and you seem to have found the answer (EA 1955 Section 23). However, please take note that the employment relationship is still ongoing and is not terminated regardless. It is considered as being "temporarily suspended", thus the non-requirement for wage payment. Therefore, you should go for Frustration of Contract if the employee is under detention / imprisonment for prolonged period. The procedures is somewhat similar with medical board out. For non-EA employee, the EA rules could be considered as common practice like the Code of Conduct for Industrial Harmony. While it is legally non-biding, the court will still take it into consideration when deciiding the award.
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