Hi all, would like to ask what is actually the minimum amount of public holidays that an employee is entitled for?

I tried searching online and it says there are 11 gazetted holidays in Malaysia. 5 must be observed while the employer can select the remaining 6 days? Does it mean that the employer can choose on their own whether those 5 days are holiday or not?

If let's say the employer plans to close his shop during CNY for 10 days. Can the employer say that those 10 days are replacement holidays for the 10 gazetted holidays n ask their employee to work during those gazetted holidays?

Sorry but I'm abit confused by reading online. Would like to get some clarifications from ya all. Appreciate your reply.

14 min if not mistaken companies have to honor

the gazeted holidays are a must - if u are to work on these days - the company will need to compensate u with OT the ones which are not gazetetd - u can get replacement leaves ... depending on ur company policy ...

May I know which part of the Act state so?
It would be useful to point out to employer's HR

Thanks

should be an in house employment rule set by HR Themselves else fallback to this in Section 60D of the Employment Act.

60D. (1) Every 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 eleven of the gazetted public holidays, five 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;

(iv) the Workers’ Day; and

(v) Malaysia Day; and

(b) on any day appointed as a public holiday for that particular year 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—

(i) a rest day; or

(ii) any other public holiday referred to in paragraphs (a) and (b),

the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first mentioned 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 therefore 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 therefore.

(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 therefore 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 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 earl-ku: Dec 28 2017, 10:15 AM

baguih dok ada earl-ku

if i remember my HRM course correctly (8 years ago), there are only 5 mandatory public holiday to be observed in Malaysia
1. Labour Day
2. State Sultan Birthday
3. Agong birthday
4. Independence Day
5. Malaysia Day

However, the minimum public holiday for a company to practice is 14; which mean the remaining 9 will be by company preference.

If u have to work on the gazetted PH, just make sure you are paid PH rate. Else u can report to JTK.

Alternatively, your employer can convert that 10 days (should be less minus 2 days PH and weekends) into forced leave; minus from your AL.

The company can declare a minimal of 11 days as public holidays in a calendar year... and must includes 5 public holidays, which are Malaysia Day, Independance Day, Labour Day, State's Sultan Birthday and Agong's Birthday in the list of declared holidays.

(A company with good HR would usually publised the list of holidays observed by the company before the new year.)

It used to be 10 days with 4 compulsory days... before the addition of Malaysia Day.

Yes, an employer can close shop for 10 days or more if he wants to... for CNY or any other festivities.

This means he can declare 6 days of the shut-down as replacement holidays... if he wants.

For the other days in the shut-down, he cannot use the 5 compulsory holidays as replacments... but he can request his employees to take annual leaves.

If an employee is new and has no annual leaves... too bad, he will be on no-pay leave, or if the company allows, he can hutang the company and deduct the annual leave latter in the year.

Anyone know if there is any Akta Akta required employers to pay employees medical fee? If it doesn't mention in appointment letter ?