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Compulsory Public Holidays

leonard lai
Member
Thu, 02 Sep 2010 04:24:32 PM  (Last updated: Tue, 27 Dec 2011 11:33:01 AM)

Hi,

Is there a list of compulsory public holidays that all registered companies must follow ? My company is in the construction line and it seems that there are only 8days of public holidays in a year and all other days we have to come back to work, is this legal ? Thanks.

KL Siew
Administrator
Thu, 02 Sep 2010 05:46:55 PM

It should be at least 10 days. Refer to Section 60D of the Employment Act.

CSY
Member
Tue, 07 Sep 2010 12:39:02 PM

Hi,

For this coming Raya, is the public holidays fixed on the 10th and 11th of Sept 2010?

1) If I work on these 2 days, is it against by labour law?

-  If yes, can these public holidays replaceable to other days?

- If no, how much should I get paid when i work on these 2 days?normal rate / double or triple?

Thanks.

KL Siew
Administrator
Tue, 07 Sep 2010 10:27:50 PM

Hari Raya is not a compulsory public holiday under the EA. First, ask your company whether Hari Raya is one of the holidays chosen by the company as their holiday. If it is one of the holidays appointed by the company, the company will have to pay you (salary/26) x 2 or be replaced with another day.

CSY
Member
Thu, 16 Sep 2010 03:44:40 AM

How bout Malaysia's Day?

SY Chin
Member
Thu, 16 Sep 2010 10:17:57 PM

Hi, I'm a non-manual worker and my income more than RM 1500. My company do promised to paid the travelling allowance when I have to working at oveasea. However, my HR told me that during the travelling period , all of the holidays like Malaysia's Day, day off and Sunday  are irreplaceable and no double paid because it have been included in my travelling allowance. I would like to know is this company have right to do so? Kindly recomment what could i do in this circumstance?

KL Siew
Administrator
Fri, 17 Sep 2010 08:44:16 AM

To SY Chin:  Since you are out of the scope of the Employment Act, those issues should be sorted out with the company.  Anyway, what is there to prevent you from taking days off while working overseas like going sight-seeing, shopping or resting in hotel?

SY Chin
Member
Fri, 17 Sep 2010 05:55:39 PM

Unfortunately, i was not allow to do so and i have to work until the whole event was ended. So which mean that i cannot replacing these holidays even i back to Malaysia?

KL Siew
Administrator
Sun, 19 Sep 2010 07:59:22 AM

What about your colleagues who were working with you in the same event, do they have problem with it?

Esther
Member
Mon, 11 Jul 2011 01:52:02 PM

Hi, Can I know how many Compulsory Public Holidays in a year should a Company follow ?  10 days or 11 days  after last year declare Hari Malaysia as Public Holiday ??

Esther

KL Siew
Administrator
Mon, 11 Jul 2011 09:28:04 PM

lee wai yee, I would suggest you get confirmation from the local Labour Department.

msrajeah
Member
Wed, 17 Aug 2011 01:04:54 AM

hi,

im a part timer working at childrens boutique. since tomorrow is a public holiday (17th aug 2011) (nuzul quran) am i qualified for triple pay? and earlier this morning i asked my supervisor regarding this matter and she said since im only a part timer i will be getting rm20 in addition. i work 10 to 10 and paid for rm5/hour

KL Siew
Administrator
Wed, 17 Aug 2011 08:56:31 PM

If Nuzul Quran is one of your company's appointed holidays and since you are also a part time worker, I am not sure about your case. You better consult the Labour Office.

Dizzy Bomb
Member
Wed, 07 Sep 2011 12:16:09 PM

 Hi, I am wondering if someone here can help me understand this part more clearly?!

on ten of the gazetted public holidays, four of which

shall be—

(i) the National Day;

(ii) the Birthday of the Yang di-Pertuan Agong;

(iii) the Birthday of the Ruler or the Yang di-Pertua

Negeri, as the case may be, of the State in which

the employee wholly or mainly works under his

contract of service, or the Federal Territory Day,

if the employee wholly or mainly works in the

Federal Territory; and

(iv) the Workers’ Day; and

(b) on any day declared as a public holiday under section 8

of the Holidays Act 1951 [Act 369]:

I understand that 4 of the above is compulsory but need to clarify more on section (b). meaning if the gov declares tomorrow a public holiday for whatever reason, does that mean the company has to adhere to that holiday? Is Malaysia Day mandatory?!

Thanks!

John Mark
Member
Fri, 09 Sep 2011 12:29:15 PM

 Re :Hari Malaysia

 
Under section 8 of the Holiday Act 1951 ,a public holiday declared  is  compulsory.For eg:Holiday for Malaysian football team winningSuzuki Cup on December 2010 .Normally is one off holiday which means the Holiday only applies for the year which it has been declared.
 
So what is the difference  between Malaysia Day and other public holidays previously declared under section 8 which we required to observe every year although it was only declared  on 2010? Malaysia day is different from all the other public holidays that had been declared previously under section 8.
 
Its a "special case" which is the only public holiday for the time being  declared section 8 for every year starting from 2010.Please refer to the Gazatte extract PU(B) 491/2009  below.

PU(B) 491/2009

IN exercise of the powers conferred by section 8 of the Holidays Act 1951[Act 369], the Prime Minister appoints 16 September in every year commencing from the year 2010 as a public holiday for Peninsular Malaysia and the Federal Territory of Putrajaya to be known as the "Malaysia Day" in addition to the days mentioned in the First Schedule of the Act.


So Malaysia Day is a compulsory public holiday  however it is different from the other compulsory public holiday under section 60 (1)(a) of the Employment Act which cannot be replaced but for holidays declared under section 60D(1)(b) where under section 60D(1A)  employers have the option to replace it with another day as a paid holiday.Simply put it is a compulsory public holiday which can be replaced by another day as paid holiday.

KL Siew
Administrator
Fri, 09 Sep 2011 04:58:19 PM

Malaysia Day may not be one-off holiday, it is very likely it is going to stick. Concerning Malaysia Day, I would prefer to refer the question to the local Labour Department and be guided by their official ruling.

Dizzy Bomb
Member
Tue, 13 Sep 2011 05:37:39 PM

 Thank you very much John. Needed to clarify the Malaysia Day because my company has only given us 10 days per year. So when we asked boos about Malaysia Day, he simply replied that it is not in the rules. So naturally, all of us here were disappointed. However, we did here somewhere that it was mandatory.

I need a copy of the amended Employment Act that shows that new rule in regards to Malaysia Day. Anywhere I can download it?

Thx 

KL Siew
Administrator
Wed, 14 Sep 2011 09:58:57 AM

As far as I know, there is no amendment yet to the EA. Confirm it with the local Labour Department.

Dizzy Bomb
Member
Wed, 14 Sep 2011 02:30:50 PM

 The problem with that is that, we have gotten confirmation from a few different Labour Dept even Putrajaya but our company lawyer has said that he called Putrajaya and according to him they said it is not compulsory. So the only way we can prove to him this issue is to show this idiot some sort of black and white :(

gjusin
Member
Tue, 01 Nov 2011 05:35:27 PM
Originally posted by Esther on Mon, 11 Jul 2011 01:52:02 PM

Hi, Can I know how many Compulsory Public Holidays in a year should a Company follow ?  10 days or 11 days  after last year declare Hari Malaysia as Public Holiday ??

Esther

Ester, may I know whether have you got clarification from the Labour Office about the number of compulsory Public Holidays in a year is it 10 days or 11 days? Have the amendment to the Act being gazzetted? Thank you.

Wendy Low
Member
Tue, 08 Nov 2011 03:30:37 PM

Dear KL Siew,

I hope you can help me to clear the followings ;

1. Compulsory 10 public holiday - does Chinese New Year & Hari Raya Puasa are considered as two public holidays or as four  public holidays due to 2 days each for the festive?

2. Compulsory public holiday should be 10 or 11 days now to includes the Malaysia Day?

3. Employee were requested to work on Sultan Selangor's Birthday day as replacement day taken during the Hari Raya Puasa festive. Now we have new employee who joined in October which they have not taken the off-day during Hari Raya Puase. My question is, if they are request to work on Sultan Selangor's Birthday, do the employer needs to pay them in lieu of cash or replacement day?

Thanks and best regards,

Wendy

KL Siew
Administrator
Tue, 08 Nov 2011 04:48:39 PM

Try reading up <a href="http://pesaraonline.net/part12.htm">Part 12 of the Employment Act </a> for details. Clarify with the Labour Department if still in doubt.

HENRY K
Member
Tue, 27 Dec 2011 11:33:01 AM

Dear KL Siew,

My worker sprained his foot at home on sunday. Doctor issued him MC for 2 days. Such case consider sick leave? or he can claim under socso?  

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