1) There are a total of 4 public holiday back in December 2015. The public holiday are as follows;
Dec 11 - Selangor sultan birthday
Dec 14 - Selangor won Malaysia cup in football. It was declared as public holiday
Dec 24 - Prophet Muhammad birthday
Dec 25 - Christmas
2) I worked on all public holiday in December but in my payslip only stated that only 2 out of 4 public holiday is entitled for public holiday pay.
3) I decided to email the HR department regarding this. The HR replied me and I had included the their reply in the quote below
QUOTE
The public holiday that you stated below, company only observe 2 of them which is Selangor Sultan Birthday(11 December 2015) and Christmas(25 December 2015). While Selangor won Malaysia cup( 14 December 2015) and Prophet Muhammad(24 December 2015) is not compulsory public holiday which our company did not observe.
4) Right after I received their reply, I immediately check my agreement. It stated clearly that all benefit is accordance to EMPLOYMENT ACT 1955
EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010
5) I went and google the act and found the following;
QUOTE
EMPLOYMENT ACT 1955
EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010
Holidays
6. (1) Every part-time employee shall be entitled to a paid holiday at his
ordinary rate of pay on the following days in any one calendar year:
(a) on not less than seven 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 part-time employee wholly or mainly
works under his contract of service, or the Federal Territory Day, if the
part-time employee wholly or mainly works in the Federal Territory; and
(iv) the Worker’s Day; and
(b) on any day declared as a public holiday under section 8 of the
Holidays Act 1951 [Act 369].
Reference: http://www.ilo.org/dyn/travail/docs/1527/E...aonline.net.pdf
6) Since it is stated in the Employement Act 1955 that 'on any day declared as a public holiday under section 8 of the
Holidays Act 1951', I decided to take a look at Holiday Act 1951 and found that
QUOTE
[Section 3]
PUBLIC HOLIDAYS
Birthday of the Prophet Muhammad (s.a.w.).
Hari Kebangsaan or National Day.
Chinese New Year (one day in the States of Kelantan and Terengganu, two
days in the other States).
Wesak Day.
Birthday of the Yang di-Pertuan Agong.
Hari Raya Puasa (2 days).
Hari Raya Haji (two days in the States of Kelantan and Terengganu, one day
in the other States).
Deepavali.
Christmas day
Reference: http://www.ilo.org/dyn/travail/docs/1526/H....agc.gov.my.pdf
PUBLIC HOLIDAYS
Birthday of the Prophet Muhammad (s.a.w.).
Hari Kebangsaan or National Day.
Chinese New Year (one day in the States of Kelantan and Terengganu, two
days in the other States).
Wesak Day.
Birthday of the Yang di-Pertuan Agong.
Hari Raya Puasa (2 days).
Hari Raya Haji (two days in the States of Kelantan and Terengganu, one day
in the other States).
Deepavali.
Christmas day
Reference: http://www.ilo.org/dyn/travail/docs/1526/H....agc.gov.my.pdf
7) It is stated clearly that Prophet Muhammad birthday is a public holiday but the HR said not compulsory PH which the company did not observe. Therefore, we are not entitled for PH special pay rate on 24th December. However, my agreement it stated that it follows EMPLOYMENT ACT 1955
EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010 but it did not say how many PH and which PH is entitled in my agreement.
So now I wanna ask,
- Is the company at fault now? It's all stated black and white. If company is at fault, what should I do next?
- Is the company being not ethical by telling us Dec 14 and 24 is public holiday before the actual working day. But after working day, it is considered as not PH and they did not tell us a single thing about it. Actually I'm not supposed to work on Dec 14 and 24 2015 but because they said its PH, therefore its compulsory to work. Unfortunately, I do not have any solid proof that the company told us this because we talk face-to-face instead of messaging etc.
- Some of my colleagues (full-time) that worked OT but company did not pay for it. Can we sue the company regarding this?
This post has been edited by LazyKurosaki: Jan 9 2016, 02:02 PM
Jan 9 2016, 02:00 PM, updated 10y ago
Quote
0.0188sec
0.58
5 queries
GZIP Disabled