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Contracted to work on Public Holiday but failed to turn up to work

Elis
Member
Thu, 13 Sep 2018 10:52:13 AM  (Last updated: Fri, 14 Sep 2018 04:53:01 PM)

A person who is employed and contracted to work during public holidays but failed to turn up to work. Can we deduct his pay for that day?

KL Siew
Administrator
Thu, 13 Sep 2018 12:16:47 PM

By law, employees are entitled to enjoy their public holidays. If you think necessary, give a show cause letter for not turning up for work before deciding what to do with him..

Elis
Member
Thu, 13 Sep 2018 12:23:11 PM

Thanks KL Siew. However, the work requires this person to work during the public holidays and that's mentioned in the contract. Thus, not working on a public holiday is already violating the contract?

KL Siew
Administrator
Fri, 14 Sep 2018 07:51:02 AM

Having specifically instructed him to work on that public holiday and he failed to turn up for work?

Elis
Member
Fri, 14 Sep 2018 11:10:08 AM

Yes, thanks KL Siew for responding.  So my question is, can we then NOT pay him for that day? If staff were recruited to work during public holidays and not work and still get their normal pay (without the extra public holiday rate) then they can abuse such agreement because they are still paid for that day as it's part of monthly pay.

KL Siew
Administrator
Fri, 14 Sep 2018 04:05:36 PM

If you read section 60d of the Employment Act, both employer and employee have their rights. Employees are entitled to PH and employer can also require the employees to work on the holiday. So, I think the best thing to do is to consult the Labour Department to get an official ruling. Only they have the authorite to look into the matter.

Elis
Member
Fri, 14 Sep 2018 04:53:01 PM

Thanks KL Siew - I thought you represent the Labour Law Department as you seem to be well versed with all the Labour Laws. Would it be inappropriate to ask what's your profession? I tried to look for your profile but found none but your service in this free membership site seems to be very helpful to a lot of people. 

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