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Public Holiday Issues

Soh Wei Hoong
Member
Fri, 01 Jun 2012 03:00:34 PM  (Last updated: Fri, 01 Jun 2012 03:28:04 PM)

Dear Sir, 

Good Day, I have question regarding Public holiday issue for Agong's Birthday on 2/6/12 (Saturday).
 
Currently my company (factory industries; Sungai Petani Area) are running operation 6 days per week (Monday until Staurday, Sunday factory close) & my offday was assigned by company by every Saturday (alternative) & Sunday. Saturday  is alternative offday**  which means 1st & 3rd weeks Saturday is offday & 2nd & 4th weeks Saturday as working days as follow the work appointment letter given by my company.
 
**Note: - Company has provide 2 type of alternate rest day for Saturday.
              1. - 1st & 3rd weeks Saturday is rest day & 2nd & 4th weeks Saturday as working days.   or
              2. - 2nd & 4th weeks Saturday is rest day & 1st & 3rd weeks Saturday as working days. 
 
For this coming Agong's Birthday on this Saturday 2/6/12, my company was informed that they will close it on this Saturday 2/6/12 (1st week of June 2012) but they also informed that company was NOT given replacement leave for those staff who was offday on 1st week Saturday. 
 
When i try to verified with my HR Dept & they informed that company has been confirmed with Labour Office & said that any public holidays happen on Saturday (included 4 compulsory public holiday) Company have Full Right to decide to give replacement Leave or not for those staff having offday on Saturday.
 
The message given by HR Dept listed as below:
 
" Dear All, 
 
Regarding of Agong's Birthday on 2/6/12,  I have inquiry from the Labour Office at 9.24am, the staff  (her) reply:  If this Public Holiday is on Sunday, sure the company must replace one day to workers, but 2/6/12 is Saturday, there is depend on company management to decide, she said even government departments also not replace for this day. If the company did not replace, there is no violation of labour Law. 
 
If you have any questions, you can query to the Department of Labour. 
 
Thank you.  "
 
 
As Labour law listed which 10 days (now should be 11 days included 1 Malaysia Day 16/9) included  Agong's Birthday on this Saturday. As my understanding, even company has close business for this public holiday, but they suppose also have to replace 1 day replacement leave for those staff are rest at Saturday. If not , that is very unfair for those staff rest on Saturday. Means those staff who was assigned for 1st & 3rd weeks Saturday is rest day are not entitle for this public holiday or just have 2 day rest included public holiday & the follow next Saturday (2nd weeks) have to work. Instead for those staff who was assigned for 2st & 4th weeks Saturday rest day are entitle for this public holiday (1 day Saturday Public holiday & 1 day Sunday rest day) then follow next Saturday (2nd weeks) & Sunday they still having their 2 rest days as follow their shift. 
 
Now I'm very confuse about this and hope sir can give me some advice & information regarding public holiday issue ASAP..
 
Thanks..
 
KL Siew
Administrator
Fri, 01 Jun 2012 03:28:04 PM

Section 59 of the EA may further help to clarify the situation. In this section only the last day (Sundary) will be considered as rest day whereby the wll be replacement in the PH falls on it. It it falls on Saturday, there will not be replacement. If you follow the government department or banks, you will see there will not be holiday for them on following Monday.

59. Rest days.

(1) Every employee shall be allowed in each week a rest day of one whole day as may be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week the last of the rest days shall be the rest day for the purposes of this Part:

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