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RE: Replacement Leave

James
Member
Tue, 19 Jun 2018 12:10:26 PM  (Last updated: Wed, 20 Jun 2018 09:44:09 AM)

HI, We need to work on 10 & 11 May 2018, should company need to give us the replacement leave on that 2 days?

Gon
Contributor
Tue, 19 Jun 2018 12:32:29 PM

yes, unless you in sabah as sabah not annoucing PH for these 2 days

James
Member
Tue, 19 Jun 2018 12:35:27 PM
Originally posted by Gon on Tue, 19 Jun 2018 12:32:29 PM

yes, unless you in sabah as sabah not annoucing PH for these 2 days

If company not give the replacement leave what staff need to do? Can them replacement this 2 days on next year before CNY period?

Gon
Contributor
Tue, 19 Jun 2018 01:58:57 PM


if replacement leave is not an option and you have worked for these 2 days, then you should entitled for OT @ PH rate. You may log complaint to labour office if you are not paid

James
Member
Tue, 19 Jun 2018 02:40:16 PM

company maybe will give the replacement leave, but only on next year before CNY period it is acceptable?

KL Siew
Administrator
Tue, 19 Jun 2018 05:29:02 PM

Section 60d(1)(b) proviso, looks like both parties must agree.

Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the remaining six gazetted public holidays provided for in paragraph (1)(a):

Gon
Contributor
Wed, 20 Jun 2018 09:23:08 AM

Hi Siew, leave on 10-11 May declared under 1b, your clause should applicable on 1a only

KL Siew
Administrator
Wed, 20 Jun 2018 09:44:09 AM

Thanks Gon, despite that, I think the principle should be the same especially when the replacement leave is unilaterally pushed to the next calendar year.