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Wages and EPF Delay: If I resign, how to fight to serve shorter notice period?

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asked on Jun 20, 2016 at 17:23
by   SueNg
edited on Jul 25, 2016 at 08:56
 
I will like to seek for advise as my current company been late in paying my wages for the pass one year (mostly early of the month more than 60% after 7th) and this month they only manage to pay half of last month wages on the 8th of the month and still yet to receive my the other half of my wages for last month. I checked thru my EPF and they been late on the payment and as of today, no EPF payment since for more than 3 months.. Not even sure if my tax being paid.

Currently I intend to resign from this position however there is a contract of 2 months notice that I need to serve based on the employee contract I signed earlier.

Need advise, on:
1. How could I request for a formal request to serve less notice period as they been delaying my pay and I'm worry staying for another month it might delay or I might not manage to get my wages at all. (As some colleague unable to get full of their last payment)
2. How could I get back all my outstanding EPF? 
3. I read some articles on the labour law, that once company pay wages later than 7th, it indirect break the contract we sign this indirectly mean I do not need to follow the contract of 2 months notice? It this true?
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1 Answers

answered on Jun 30, 2016 at 03:39
by   arun1011
1. You can lodge a complaint at the nearest EPF office with regards the outstanding EPF contributions from your employer.
2. If the Company delays paying wages or fails to pay EPF, then you are entitled to walk out on constructive dismissal, which basically is that the company has breached fundamental terms of the contract. If that is the case, you do not have to serve your notice period and you can walk out immediately. But you must then lodge a complaint at the Industrial Relations Department with regards your claim of constructive dismissal.
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