Deal all, Would like to seek your advise on this.

My work = 12hrs shift.

When public holiday falls on my rest day. Company not offer replacement off. What rate that I'm eligible to claim?
Lately my company trying to cut down..they just paid 8hrs x 1.0. (coz not on duty, cant calculate 12 hrs)

They used to paid 2.0 but lately keep telling us it's was wrong since day one. what a bullshit reason...So i would like to have a clear guideline.
I've view thru the acta kerja 1955(malaysia), but there's no clear stated about the public holiday falls on rest day (SHIFT working).

Highly appreciated if any one could share his/her opinion. Many thx !

Cheers.

Law is one thing... but you forget that if you actually take legal action against your company/boss, there goes your career.

how come..public holiday 3 times loh..but some co fix rm300 for public holiday..some like Dell i known get rm400++ loh...

some co stingy 2 times if your pay less then rm1.5k...

more then rm1.5k just like 1 hts rm15-18 loh..

somehow usually will be more then rm300++

what to do..you no work..other ppl want work in public holiday..

@J-Slade..in fact, that my regional manager ask me to find out...coz my company regional headquater at singapore..they dont really know in malaysia regulation.. anyway..thx for your advise..

@mhchan2002..i means when the public holiday falls on your rest day. Not work in holiday..ya..as i heard..HP only get 150MYR fixed rate...some based on max rate of 1500MYR...wht to do..no increment this year..and i suppose get promoted this year...now..everything on hold... bad...

Company rule may change. If last time pay 2x but now they can change it to flat rate. So, it is hard to sue the company.

This is the first time I've heard that a company pays 2X the pay when a public holiday falls on the employees' rest day.

Most service companies will pay 1.5 or 2X if you work on a public holiday. But you're not working. It's just that the public holiday falls on your rest day.

Imagine if Hari Raya falls on a Sunday. Don't tell me everyone gets paid double for working on Monday? Monday's not Hari Raya, no? The company is compensating you for not replacing your rest day on Monday. You already took the public holiday (Hari Raya on Sunday).

I means in shift working. Not normal office hr..

Anyone from your company protested ?

I don't think it matters. The company is still simply replacing a rest day, not asking you to work on a public holiday. Actually most companies just add 1 day to your annual leave.

As what i said, shift work mean you can't choose or get replacement rest due to shcedule has fixed.
exp : 05 Apr 09 (sunday) - Public holiday . --- Only normal office hr are getting replacement rest on Monday.


My duty schedule : Sunday (rest Day) , Monday (Morning shift).
But for those working on shift, they have to follow their duty schedule time but not calendar date. my jobs is in O&M field, need to cover 24 hrs. If everybody took the replacement rest on monday. Who will gonna work? You get what i mean?


@KB2005-- Yes, actually everybody anti on it..coz company used to pay 2.0. But..most of them just daring talk behind...what to do..I have bring this matter to into mettin..that why my boss required me to follow up...anyway..i have send them the akta malaysia 1955.. i understand nowdays all company going to cut cost..im not trying to against my boss but something need to make it clear. Hopefully the good news waiting...

anyway..my company paid good in OT... avr 350-400 extra if work on public holiday.
Much2 different !!!!


Thx guys !

Yes, I get what you mean.

At the end of the day, you lose one rest day. So the company compensates you for the one rest day lost... at 1X. In my opinion, that's correct.

Yup..you r right ... thx for advise.
Hopefully i had good news soon.. haa.. i might be d 1st person being 'kill' by company ..

my company used a different method of calculation for public holiday. the rates is somewhere around 1.5X .

Bro, it depend on company policy, if you try comment to your boss better try it in good way, else your boss may had bad view on you

Hi there,

For your case, you should be granted a replacement holiday. Please see below:

(1B) Where any of the 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.

URL: http://www.pesaraonline.net/easection60d.htm

if PH fall on Rest Day (the day before u resume works) then u r entitle to replacement

i really dun know wat u mean by pay 8 hrs x 1.0, this is for work render on wat type of day? are u monthly paid staff?

this type of calculation is mainly for shift workers. we have all the hourly rates for every scenario of overtime occurs ..

Yes, they should granted a replacement rest so called ' in paid holiday' according to Akta 1955..
But my situation are diff...my jobs have to cover 24 hrs..we stick to workin schedule and not calender date...

So, we will never get the 'replacement rest day'. . thanks for ur link info...appreciate that

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Added on April 6, 2009, 4:02 pmYou r right..Thx for ya advised...i just tried to mk things clear...no offend anyone...coz they used to paid 2.0 rate then lately just changed at sudden...without any explanation... that y my boss's boss order me to find out..no worries...all carry out in proper way..

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Added on April 6, 2009, 4:03 pmerr..how to say..quite complicated...hehee

This post has been edited by bonanno: Apr 6 2009, 04:05 PM