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
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... «
60D. Holidays
(1) Every employee shall be entitled to a paid holiday at his ordinary rate of pay on ten gazetted public holidays in any one calendar year, four of which shall be--
* (a) the National Day;
* (b) the Birthday of the Yang di-Pertuan Agong;
* © 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
* (d) the Workers' Day:
Provided that if any of the said ten gazetted public holidays falls on a rest day the working day following immediately thereafter shall be a paid holiday in substitution therefor.
(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 in respect of which his employees shall be entitled to paid holidays:
Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the said remaining six gazetted public holidays.
(1B) Where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave 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 succeding 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 --
o (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
o (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 paragraph (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 paragraph (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 or pay payable shall be that of a full working day.
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 umumMajikan 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