Oct 14 2024, 09:56 AM
QUOTE(cruel_boy @ Aug 28 2014, 09:59 AM)
On the contrary, Employment Act 1955 Section 60D(1b) states that
I believe that is because rest day(sunday) are not paid holidays (26 working days in a month, not 30/31), whereas public holiday and annual leave are paid holidays.
Anyhow, in my case i assume it is entirely up to the HR discretion. We do have an HR policy, but these were not clearly defined. But i did confirm with Pejabat Buruh, a weekly rest day is not entitled for replacement if the employee is sick and obtained MC, regardless of which day his rest day falls on as per his working schedule.
Thank you very much for all of your input guys.
If I read 60D(1B) correctly - the employee must first be on sick leave then it so happens that a public holiday as defined in S60D falls within that sick leave period then the employer needs to replace the PH. For example I have dengue and on MC for 4 days- so happens one of the PH is within that 4 days - then my employer is required to replace the PH which fell within the period I was on sick leave. So it has to be - sick leave first - then the PH falls with the sick leave. I believe that is because rest day(sunday) are not paid holidays (26 working days in a month, not 30/31), whereas public holiday and annual leave are paid holidays.
Anyhow, in my case i assume it is entirely up to the HR discretion. We do have an HR policy, but these were not clearly defined. But i did confirm with Pejabat Buruh, a weekly rest day is not entitled for replacement if the employee is sick and obtained MC, regardless of which day his rest day falls on as per his working schedule.
Thank you very much for all of your input guys.
That’s the only way to interpret the Act sensibly.
This post has been edited by Thasmita: Oct 14 2024, 09:58 AM
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