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Enquiry: PH Act 1951

Mandy Wong
Member
Fri, 08 Sep 2017 09:29:40 AM  (Last updated: Fri, 08 Sep 2017 02:14:08 PM)

Hi,

Very sorry because the feedback was a bit long, however, I do really need you help for this...

Under Holiday Act 1951, section 3, Public Holiday, stated that "the several days mentioned in the First Schedule SHALL, except as hereinafter provided, be public holidays....."

Question (1): The Act stated "SHALL" means gazette? It means the Company must give those PH as mentioned in First Schedule? In EA only mentioned 5 PH must give and another 6 can be any PH. Our company was follow EA to give 11 days in total. However, those 6 PH that we observed was excluded 3 PH as mentioned in First Schedule. Are we compliance to the law?

Question (2) : Last time our employees work schedule is 5.5 days, so when PH fall on their 0.5 w/day, they will have 1 day off. Now we had implemented 5 days’ work schedule, which the 0.5 days we allocate evenly to each 5 work days, which means the employee will work more hours for each working day, and the initial 0.5 day will become their off day then follow by rest day. In this year, many PH were fall on Saturday - their off day. They are not enjoying their PH as our company policy is if PH fall on off day there's no replacement. EA section 60D stated "EVERY EMPLOYEE SHALL BE ENTITLED to paid PH at his ordinary rate of pay on the following days in any one calendar year: (a) on ELEVEN of the gazette PH...." If falls on employees off day and we didn't give replacement PH, then the employee will have less than 11 days PH a year, yet the act said "SHALL BE ENTITLED"... 

Hope you can help & share your opinion. 

KL Siew
Administrator
Fri, 08 Sep 2017 02:14:08 PM

Question (1) The proper clause to read in the Employment Act is:

60d(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369]:

Question (2). You may observe, goverment departments, banks and others do not get a replacement holiday when the holiday falls on Saturday, isn't it? That's a bit unfortunate we may say. In 2017 there are many holidays falling on Saturday, unlucky for us.

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