Declaration of Ad Hoc Holidays

Notes:

1.      Section 60D(b) of the Employment Act 1955 provides that :

“Every employee shall be entitled to a paid holiday at his ordinary rate of the pay on the following days in any one calendar year”;

 

(a)   On eleven (11) of the gazetted public holidays, five (5) of which shall be –

i)    National Day;

ii)  Birthday of the Yang di-Pertuan Agong

iii)Birthday of the Ruler or the Yang di-Pertuan Negeri

iv) Workers Day

v)   Malaysia Day

 

(b)   On any day appointed as a public holiday for that particular year under Section 8 of the Holidays Act 1951

 

2.      Section 8 of the Holidays Act is provided for under Section 60D(b) of the Employment Act 1955 and

           must be observed as a paid holiday;

           May substitute the said holiday with any other day;

           Not require for the employer to obtain consent of employee to make such substitution

 

3.      Section 9 of the Holidays Act is NOT provided for in the Employment Act 1955. However, the Company must check to confirm if:

 

·         Is there a provision in the Contract of Service or Collective Agreement in which it is stated that the company observes “All public holidays gazetted by the Federal or State Governments”.

 

o  If there is, then the Company must observe all Public Holidays irrespective under which Section of the Holidays Act the day is declared.

 

o  If Companies Collective Agreements or terms and conditions of employment do not observe all the public holidays as gazetted by the Federal or State Government but observe only a specified number of public holidays, the company is NOT legally obliged to observe a public holiday declared under Section 9 of the Holidays Act.

 

In the event that the answer is NO, but would still want to observe the public holiday declared under Section 9 of the Holidays Act, it would be recommended that the Company include a provision in the agreement that the “Company is not legally obliged to observe the public holiday and all future decisions will strictly be on a case to case basis”.

 

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