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Special Holiday Declartion

siew siew
Member
Mon, 04 Sep 2017 09:52:42 AM  (Last updated: Tue, 05 Sep 2017 04:09:46 PM)

Hi

We are company from Singapore and we have a Sister Company in Malaysia . Malaysia Staff already allocated 10 days of public gazetted holiday . But Malaysia always have Special declaration holiday .

Q: Do we have to accept it and grant staff holiday ?

As i see our Malaysia Customer , they did not recognised some of the special declaration holiday . Is it legal or ilegal ?

For your advise

KL Siew
Administrator
Mon, 04 Sep 2017 12:26:58 PM

Give a call to the Labour Department to find the official ruling.

mdkamil
Contributor
Tue, 05 Sep 2017 04:09:46 PM

Certain confusion and inconsistent practices by Employers with regards to ad-hoc announcement of public holiday may be due to lack of understanding on the Acts.

Employment Act 1955 which covers certain group of employees regulate the minimum number of public holidays to be observed per year (11 days), and it also specify which holidays are compulsory to be observed (5 of them). In addition to the 11 days, the Act also mention that holidays declared under Sec 8 of the Holidays Act 1951 must be observed.

The circular sent by Federation of Malaysian Manufactures (as copied & pasted below) can be a good reference to understand the practice of observing the holidays that are declared under Sec 8 of the Holidays Act 1951.

To: CEO/ Directors/ Managing Directors/ Human Resource Managers/ Executives

Government Announcement of Ad Hoc Public Holiday

This is to remind members of the correct practice for observing ad hoc public holidays:

1. An ad hoc public holiday declared under Section 8 of the Holidays Act, 1951 has to be
granted to employees covered by the Employment Act 1955.

2. Section 60D(1)(b) of the Employment Act 1955 requires observance of the holiday as a paid holiday in addition to other public holidays agreed to be granted to employees.

3. There are three alternatives when granting a paid holiday declared under Section 8 of the Holidays Act 1951:

a. Observe the public holiday and allow employees the day off with pay. If the public holiday fall on a rest day or another public holiday, the following working day shall be a
substituted paid holiday; OR

b. Request employees to work on the holiday declared and compensate them by paying
additional two days’ wages at the ordinary rate of pay; OR

c. Request employees to work on the holiday and inform that the holiday will be substituted on another day as provided under Section 60D(1A) of the Employment Act 1955. Wages for work on that day is the normal rate, not public holiday rate. The company can substitute the holiday without its employees’ agreement. The company has to fix the replacement date, which need not be the same date for all employees.

4. For employees NOT covered under the Employment Act 1955:

a. If the contract of service states that the company is granting all public holidays, then
observe the public holiday and allow employees to go off with pay on that day;

b. If an employee is requested to work on the holiday declared, grant a substituted public
holiday or public holiday benefits/payments as agreed in the contract of service;

c. If a company only grants some of the gazetted public holidays, then they are not
compelled by law to grant an ad hoc public holiday as a day off.

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