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> Public holidays, private companies must give?, Updated: MUST GIVE HOLIDAY (Serious Talk)

samlee860407
post Dec 30 2010, 09:07 AM


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Updated: After reading the newspaper, and read the 1951 Public holiday act, conclusion is companies must give holiday today!

Why? Yes, every employee is entitled to 10 out the gazetted public holidays, but they are also entitle to any day declared as a public holiday by the Federal or State Government under section 8 of the Holidays Act 1951 in any one calendar year.

So yes, every company must give. Now I know, why big companies like IBM also give because they understand it well. Only smaller one who don't understand, and tried to challenge the law due to low protection on employee in Malaysia.

Lucky me smile.gif


Ok, interesting topic at least for me.

Before that, read the spoiler for Malaysia Employment Act 1955 60D about holidays

» Click to show Spoiler - click again to hide... «


So what you guys think? It is stated that 10 days public holiday is the minimum holidays must be given to the worker by the company. And I bet most people here already get more than 10 days of public holiday this year.

So ? Can really dont want give?

UPDATED:
Just call up labor office, was told tomorrow is compulsory holiday, must give or else triple pay. The company can choose to replace another day though.

Update again at 4.30PM

Menteri sumber manusia: 31 Dis tetap cuti umum
Majikan perlu membayar upah kadar cuti umum kepada pekerja jika memerlukan mereka bekerja esok, kata Menteri Sumber Manusia Datuk Dr S Subramaniam (gambar). “Kalau mereka memerlukan pekerja mereka bekerja, kena bayarlah. Itu adalah hak pekerja untuk mendapatkan bayaran hari cuti kerana sudah diumumkan sebagai cuti umum,” katanya hari ini.

Beliau berkata jika majikan gagal memberikan cuti umum atau membayar mengikut kadar cuti umum, pekerja yang terlibat boleh membuat aduan kepada Jabatan Tenaga Kerja.

Majikan berkenaan boleh dikenakan tindakan jika didapati bersalah, katanya kepada pemberita selepas menyaksikan percubaan dua kanak-kanak mencipta rekod Malaysia Book Of Records, di Kuala Lumpur.

This post has been edited by samlee860407: Dec 31 2010, 06:41 PM
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post Dec 30 2010, 09:09 AM


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Can
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stimix
post Dec 30 2010, 09:09 AM


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Announcement is by Govt and not Public. So for public, really depending on the boss. If the boss is football crazy, for sure will follow govt..

For those no interest in Football, rather no Holiday
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acbc
post Dec 30 2010, 09:09 AM


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Mine don't have. This year alone we recognized 11 days (Sep 16 is compulsory now).
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Mackiddo
post Dec 30 2010, 09:09 AM


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Yes. Company can don't give
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dattebayo
post Dec 30 2010, 09:10 AM


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its not a statutory holiday lah


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don^don
post Dec 30 2010, 09:11 AM


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not sure. my company folo gov holiday, so now anxiously waiting announcement. XD
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nwk
post Dec 30 2010, 09:11 AM


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kena ISA if company don't want to give...
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b3ta
post Dec 30 2010, 09:12 AM


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i duno. i got
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jAkUn
post Dec 30 2010, 09:12 AM


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ur company can denied ur public holiday, but the company should pay u triple pay since it's public holiday..
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jenniferjen
post Dec 30 2010, 09:13 AM


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I am interested in this topic too.... keep it going so we know the company right... lol.... and see who unfortunate employee there kekeke...
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epul
post Dec 30 2010, 09:13 AM


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if the company still working tomolo
need to pay double rite the salary to the staff for tomolo
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Hidan
post Dec 30 2010, 09:14 AM


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Yeah, companies have a right not to give. So much for labour laws and Msia having the most public holidays. Hong Kong and France has the most.
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acbc
post Dec 30 2010, 09:14 AM


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Not necessary, if it is not the 11 gazetted holidays, no triple pay. Meaning the company don't recognize it. Even Christmas is not recognize in my company. whistling.gif

This post has been edited by acbc: Dec 30 2010, 09:15 AM
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don^don
post Dec 30 2010, 09:16 AM


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QUOTE(jAkUn @ Dec 30 2010, 09:12 AM)
ur company can denied ur public holiday, but the company should pay u triple pay since it's public holiday..
*
say that to the chinaman company...
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K-o-E
post Dec 30 2010, 09:16 AM


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QUOTE(acbc @ Dec 30 2010, 09:14 AM)
Not necessary, if it is not the 11 gazetted holidays, no triple pay. Meaning the company don't recognize it. Even Christmas is not recognize in my company. whistling.gif
*
ouchh....my outmost pity to you. My company still has vacancies...want to jump over? tongue.gif
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TiF
post Dec 30 2010, 09:16 AM


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haih, confirm 100000000% dun have for my company, wat a lame ass taiwanese company.
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samlee860407
post Dec 30 2010, 09:17 AM


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QUOTE(Hidan @ Dec 30 2010, 09:14 AM)
Yeah, companies have a right not to give. So much for labour laws and Msia having the most public holidays. Hong Kong and France has the most.
*
11 days ain't that much

QUOTE(acbc @ Dec 30 2010, 09:14 AM)
Not necessary, if it is not the 11 gazetted holidays, no triple pay. Meaning the company don't recognize it. Even Christmas is not recognize in my company. whistling.gif
*
Christmas is not a public holiday rite?
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harrychoo
post Dec 30 2010, 09:18 AM


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private company 99% sure won't give, even they gv, they will try to deduct back 1 public holiday from next year, lol
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Keitsu
post Dec 30 2010, 09:18 AM


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i don't believe malaysia gives any extra money if we work on a public holiday.

and yes --- company onli needs to give a minimum of 10 public holidays without any lawyer come knocking at their door... worked for a company like that before =_= kedekut
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jAkUn
post Dec 30 2010, 09:19 AM


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QUOTE(acbc @ Dec 30 2010, 10:14 AM)
Not necessary, if it is not the 11 gazetted holidays, no triple pay. Meaning the company don't recognize it. Even Christmas is not recognize in my company. whistling.gif
*
they should pay triple pay since it is public holiday. Go file complaint lor for this kind of company. HR always ruined a company.
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acbc
post Dec 30 2010, 09:19 AM


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QUOTE(jAkUn @ Dec 30 2010, 09:12 AM)
ur company can denied ur public holiday, but the company should pay u triple pay since it's public holiday..
*
The problem is... it is not a gazetted holiday. Meaning not on covered under Employment Act. Employers always use this rule to escape from paying triple rates.
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bratvalove
post Dec 30 2010, 09:22 AM


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dont care because usually every 31st dec boss will give 1/2 day because he know his staff want to celebrate new year.
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arba2010
post Dec 30 2010, 09:22 AM


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QUOTE(Mackiddo @ Dec 30 2010, 09:09 AM)
Yes. Company can don't give
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Right...up to the company wanna give or not
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samlee860407
post Dec 30 2010, 09:25 AM


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OK... UPDATED~!

Just call up labor office and ask. They say tomorrow is compulsory holiday. If no give must triple pay. You can replace another day for holiday though.

You guys can call up and ask too.
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jenniferjen
post Dec 30 2010, 09:26 AM


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Naiss... lol
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daruma
post Dec 30 2010, 09:28 AM


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my friend comapny, whenever is indian / muslim holiday sure dun give one.
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samlee860407
post Dec 30 2010, 09:41 AM


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got other people tried to call up?
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ADVAN
post Dec 30 2010, 09:44 AM


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QUOTE(bratvalove @ Dec 30 2010, 09:22 AM)
dont care because usually every 31st dec boss will give 1/2 day because he know his staff want to celebrate new year.
*
So good.. Better than none..
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mhchan2002
post Dec 30 2010, 10:38 AM


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so bad on it if no holiday..see gov ppl holiday
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sur3wyn
post Dec 30 2010, 02:31 PM


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Official from FMM! Hope to clarify all confusion. rclxms.gif

http://bit.ly/fYrh1w
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RichieAlex
post Dec 30 2010, 02:46 PM


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No holiday for me.. GRRRRRRRRRR!!!!!


Added on December 30, 2010, 2:47 pmaccording to section 8 holiday act 1951.. they should give

This post has been edited by RichieAlex: Dec 30 2010, 02:47 PM
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tet
post Dec 30 2010, 02:54 PM


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just confirm with my HR and labour office....2morow is compulsory holiday........

your company not give? u dare, report to labour office la.....
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Kimichi
post Dec 30 2010, 02:57 PM


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if not cuti..
then company have to pay 3X!!
or at least a reaplacement leave
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Polaris
post Dec 30 2010, 02:58 PM


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QUOTE(samlee860407 @ Dec 30 2010, 09:07 AM)
Ok, interesting topic at least for me.

Before that, read the spoiler for Malaysia Employment Act 1955 60D about holidays

» Click to show Spoiler - click again to hide... «


So what you guys think? It is stated that 10 days public holiday is the minimum holidays must be given to the worker by the company. And I bet most people here already get more than 10 days of public holiday this year.

So ? Can really dont want give?

UPDATED:
Just call up labor office, was told tomorrow is compulsory holiday, must give or else triple pay. The company can choose to replace another day though.
*
Oh lawl!
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Jasonist
post Dec 30 2010, 02:58 PM


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no holiday laaa... business as usual... boss dont sappork harimau mareshia...
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SnoWFisH
post Dec 30 2010, 02:59 PM


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Same here, no holiday...
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epul
post Dec 30 2010, 03:11 PM


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i thought najib declare "public holiday"
not government holiday

This post has been edited by epul: Dec 30 2010, 03:11 PM
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sur3wyn
post Dec 30 2010, 03:48 PM


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QUOTE(Kimichi @ Dec 30 2010, 02:57 PM)
if not cuti..
then company have to pay 3X!!
or at least a reaplacement leave
*
not 3x la, it's 2x or replacement holiday. http://bit.ly/fYrh1w thumbup.gif
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Patrick Star
post Dec 30 2010, 03:52 PM


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i work for a company that support other country operations..tat mean our holiday folo the country v support.. moro nt a holiday for us..

our company oso no triple pay..can v sue the company?
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xavi5567
post Dec 30 2010, 04:02 PM


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company will say u tak suka u quit la..
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Chobits
post Dec 30 2010, 04:06 PM


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wat if u took A/L for tmr already ?? A/L burnn ??
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foo0110
post Dec 30 2010, 04:09 PM


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my com do hr thing...onli got email say tmr is "normal working day",so sad...
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debbierowe
post Dec 30 2010, 04:11 PM


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2moro is holiday replace for saturday (new year), monday is holiday replace for 2moro doh.gif

and all mat salleh 3pm alredy lesap!!!
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post Dec 30 2010, 04:14 PM


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esok cuti, yey!!!!
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samlee860407
post Dec 30 2010, 04:15 PM


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QUOTE(Chobits @ Dec 30 2010, 04:06 PM)
wat if u took A/L for tmr already ?? A/L burnn ??
*
I know those work in IBM (that one near 1U), those that apply annual leave can choose another day to replace it, but must use it before january 31 2011
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ahsia80
post Dec 30 2010, 04:18 PM


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my comp given us one more AL to be used in 2011...not bad tho..MNC comp
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Patrick Star
post Dec 30 2010, 04:36 PM


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MY NOBODY ANSWER MY QUESTION
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samlee860407
post Dec 30 2010, 04:37 PM


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Menteri sumber manusia: 31 Dis tetap cuti umum

Majikan perlu membayar upah kadar cuti umum kepada pekerja jika memerlukan mereka bekerja esok, kata Menteri Sumber Manusia Datuk Dr S Subramaniam (gambar). “Kalau mereka memerlukan pekerja mereka bekerja, kena bayarlah. Itu adalah hak pekerja untuk mendapatkan bayaran hari cuti kerana sudah diumumkan sebagai cuti umum,” katanya hari ini.

Beliau berkata jika majikan gagal memberikan cuti umum atau membayar mengikut kadar cuti umum, pekerja yang terlibat boleh membuat aduan kepada Jabatan Tenaga Kerja.

Majikan berkenaan boleh dikenakan tindakan jika didapati bersalah, katanya kepada pemberita selepas menyaksikan percubaan dua kanak-kanak mencipta rekod Malaysia Book Of Records, di Kuala Lumpur.
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Mackiddo
post Dec 30 2010, 04:49 PM


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the law doesn't say the company can't sack you 1st in case of down-sizing either smile.gif
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Patrick Star
post Dec 30 2010, 04:50 PM


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QUOTE(samlee860407 @ Dec 30 2010, 04:37 PM)
Menteri sumber manusia: 31 Dis tetap cuti umum

Majikan perlu membayar upah kadar cuti umum kepada pekerja jika memerlukan mereka bekerja esok, kata Menteri Sumber Manusia Datuk Dr S Subramaniam (gambar). “Kalau mereka memerlukan pekerja mereka bekerja, kena bayarlah. Itu adalah hak pekerja untuk mendapatkan bayaran hari cuti kerana sudah diumumkan sebagai cuti umum,” katanya hari ini.

Beliau berkata jika majikan gagal memberikan cuti umum atau membayar mengikut kadar cuti umum, pekerja yang terlibat boleh membuat aduan kepada Jabatan Tenaga Kerja.

Majikan berkenaan boleh dikenakan tindakan jika didapati bersalah, katanya kepada pemberita selepas menyaksikan percubaan dua kanak-kanak mencipta rekod Malaysia Book Of Records, di Kuala Lumpur.
*
SO I CAN SUE MY COMPANY?

BT V ALL WORK FOLO SINGAPORE HOLIDAY..STIL EFFECTIVE?

HW TO LODGE A COMPLAINT AT LABOR DEPARTMENT?
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ghoss
post Dec 30 2010, 04:54 PM


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I work in MNC also declared public holiday tomorrow , but have to work half day with 3x pay cool.gif
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darkdevilrey
post Dec 30 2010, 05:01 PM


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mine juz approved holiday by boss.

conclusion:

Najib > Boss
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destroyer
post Dec 30 2010, 05:06 PM


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our labor rights protection still low. AT&T customer service in USA even saturday n sunday holiday. wadafag.
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tajukagebunshin
post Dec 30 2010, 05:12 PM


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my company aso gud example of diehard HAVE TO WORK boss =.=
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lazzy_dogg
post Dec 30 2010, 05:12 PM


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labor law is just so that employees feel that they have rights.... but honestly.... the law tends to side employers.... without the employers.... then "$$ no enuf".... thats what i think....
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ben_panced
post Dec 30 2010, 05:18 PM


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QUOTE(stimix @ Dec 30 2010, 09:09 AM)
Announcement is by Govt and not Public. So for public, really depending on the boss. If the boss is football crazy, for sure will follow govt..

For those no interest in Football, rather no Holiday
*
Menteri sumber manusia: 31 Dis tetap cuti umum
Majikan perlu membayar upah kadar cuti umum kepada pekerja jika memerlukan mereka bekerja esok, kata Menteri Sumber Manusia Datuk Dr S Subramaniam (gambar). “Kalau mereka memerlukan pekerja mereka bekerja, kena bayarlah. Itu adalah hak pekerja untuk mendapatkan bayaran hari cuti kerana sudah diumumkan sebagai cuti umum,” katanya hari ini.

Beliau berkata jika majikan gagal memberikan cuti umum atau membayar mengikut kadar cuti umum, pekerja yang terlibat boleh membuat aduan kepada Jabatan Tenaga Kerja.

Majikan berkenaan boleh dikenakan tindakan jika didapati bersalah, katanya kepada pemberita selepas menyaksikan percubaan dua kanak-kanak mencipta rekod Malaysia Book Of Records, di Kuala Lumpur.

Bayaran cuti umum = triple yo brows.gif
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hako
post Dec 30 2010, 05:20 PM


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triple pay who dont want. usually Rm500/day now get Rm1500.
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Kono
post Dec 30 2010, 05:28 PM


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QUOTE(Patrick Star @ Dec 30 2010, 04:50 PM)
SO I CAN SUE MY COMPANY?

BT V ALL WORK FOLO SINGAPORE HOLIDAY..STIL EFFECTIVE?

HW TO LODGE A COMPLAINT AT LABOR DEPARTMENT?
*
show you this, email from my office HR..
becuase im following HK holiday too =)

********************************************

Dear all,

Arising from our Prime Minister’s announcement declaring December 31, 2010 as a Malaysian Public Holiday, kindly be informed that for employees who enjoy the public holidays of another country depending on the business process they support, one day shall be added to their floating leave for year 2011.

*********************************************

thumbup.gif
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tajukagebunshin
post Dec 30 2010, 06:17 PM


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my company doesn't give a rats arse, bah
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sillylupie
post Dec 30 2010, 07:12 PM


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Hmmm - Dr. S. Subramaniam is now above the "Employment Act 1955"!
Hmmm ....
Funny ...
Football also become compulsory public holiday.
What's next?
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jyejye87
post Dec 31 2010, 11:25 AM


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Hi can i ask where can i file a case if my company did not pay me double/triple or replacement leave?
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samlee860407
post Dec 31 2010, 11:29 AM


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try labor office.

Credited to HR Malaysia


Contact Number for Local Labour Offices in Malaysia / Kementrian Sumber Manusia Malaysia
March 26, 2008 at 3:53 am | Posted in HR Contacts | 59 Comments
Tags: Labour Office, Malaysia Labour Office

Contact for Malaysia’s Labour Offices / Alamat Pejabat Kementrian Sumber Manusia Malaysia

Malaysia’s State Labour Department / Kementrian Sumber Manusia Malaysia

Headquaters / Ibu Pejabat ( HQ )

Address - Level 6-9, Block D3, Complex D,
Federal Government Administrative Centre
Putrajaya 62530
W.Putrajaya

Phone No - 03-88892381 / 03-88889111
Fax No - 03-88892381
Email - ksm1@mohr.gov.my

Perlis ( Share Office with Kedah )
Address – Pejabat Tenaga Kerja Negeri Kedah/Perlis
Tingkat 3, Wisma Persekutuan
Jalan Kampong Baru
05532 Alor Setar, Kedah.

Phone No - 04-7300700 / 04-7319111
Fax No - 04-7301952

Contact Telephone Numbers
State Labour Department
Headquarters 03-88865000
Perlis :04-977192
Kedah 04-7300700
Pulau Pinang 04-2625536
Perak05-2549405
Kelantan 09-7482506
Terengganu 09-6244781
Selangor 03-56384535
Wilayah Per.03-42678797
Negeri Sembilan 057616517
Melaka 06-7616517
Johor 07-2243188
Pahang 09-5157016
Sabah 088-238755
Sarawak 082-242261


This post has been edited by samlee860407: Dec 31 2010, 07:27 PM
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samlee860407
post Dec 31 2010, 07:28 PM


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Updated: After reading the newspaper, and read the 1951 Public holiday act, conclusion is companies must give holiday today!

Why? Yes, every employee is entitled to 10 out the gazetted public holidays, but they are also entitle to any day declared as a public holiday by the Federal or State Government under section 8 of the Holidays Act 1951 in any one calendar year.

So yes, every company must give. Now I know, why big companies like IBM also give because they understand it well. Only smaller one who don't understand, and tried to challenge the law due to low protection on employee in Malaysia.

Lucky me smile.gif
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rgck
post Jan 14 2011, 05:32 PM


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Employment Act 1955 ACT 265
Page 47

Holidays
60D. (1) Every employee shall be entitled to a paid holiday a this
ordinary rate of pay on the following days in any one calendar
year:
(a) on ten of the gazetted public holidays, four of which
shall be—
(i) the National Day;
(ii) the Birthday of the Yang di-Pertuan Agong;
(iii) the Birthday of the Ruler or the Yang di-Pertua
Negeri, as the case may be, of the State in which
the employee wholly or mainly works under his
contract of service, or the Federal Territory Day,
if the employee wholly or mainly works in the
Federal Territory; and
(iv) the Workers’ Day; and
(b) on any day declared as a public holiday under section 8
of the Holidays Act 1951 [Act 369]:
Provided that if any of the public holidays referred to in paragraphs
(a) and (b) falls on a rest day the working day following immediately
the rest day shall be a paid holiday in substitution of that public
holiday.
(1A) The employer shall exhibit conspicuously at the place of
employment before the commencement of each calendar year a
notice specifying the remaining six gazetted public holidays provided
for in paragraph (1)(a) in respect of which his employees shall be
entitled to paid holidays under paragraph (1)(a):
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):
And provided further that the employer may grant the employee
any other day as a paid public holiday in substitution for any of
the public holidays referred to in paragraph (1)(b).
(1B) Where any of the public holidays or any other day substituted
therefor as provided in subsection (1) or (1A) falls within the
to which the employee is entitled under this Act, or falls during
the period of temporary disablement under the Workmen’s
Compensation Act 1952, or under the Employees Social Security
Act 1969, the employer shall grant another day as a paid holiday
in substitution for such public holiday or the day substituted therefor.
(2) Any employee who absents himself from work on the working
day immediately preceding or immediately succeeding a public
holiday or two or more consecutive public holidays or any day or
days substituted therefor under this section without the prior consent
of his employer shall not be entitled to any holiday pay for such
holiday or consecutive holidays unless he has a reasonable excuse
for such absence.
(2A) An employee on a monthly rate of pay shall be deemed to
have received his holiday pay if he receives from his employer his
monthly wages, without abatement (other than as provided under
subsection (2)) in respect of the holiday, for the month in which
the holiday falls.
(3) (a) Notwithstanding subsections (1), (1A) and (1B), any
employee may be required by his employer to work on any paid
holiday to which he is entitled under the said subsections and in
such event he shall, in addition to the holiday pay he is entitled
to for that day—
(i) in the case of an employee employed on a monthly,
weekly, daily, hourly, or other similar rate of pay, be
paid two days’ wages at the ordinary rate of pay; or
(ii) in the case of an employee employed on piece rates, be
paid twice the ordinary rate per piece,
regardless that the period of work done on that day is less than
the normal hours of work.
(aa) For any overtime work carried out by an employee referred
to in subparagraph (a)(i) in excess of the normal hours of work
on a paid public holiday, the employee shall be paid at a rate which
is not less than three times his hourly rate of pay.
(aaa) For any overtime work carried out by an employee referred
in to in subparagraph (a)(ii) in excess of the normal hours of work
on any paid holiday, the employee shall be paid not less than three
times the ordinary rate per piece.
(b) An employee who works on a holiday shall be entitled to
a travelling allowance for that day if payable to him under the
terms of his agreement with his employer but such employee shall
not be entitled under this subsection to receive an increased rate
of any housing allowance or food allowance.
(4) For the purposes of this section if any such holiday falls on
a half working day, the ordinary rate of pay payable shall be that
of a full working day.

This post has been edited by rgck: Jan 14 2011, 05:32 PM
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