GE15: Can Employer Request Employee To Work On State Holiday?

Amirudin Shari, Menteri Besar of Selangor, has announced that Friday, November 18 2022, will be a state holiday due to the 15th General Election(GE15) being held on that date.

In Malaysia, there are two public holidays: National and State.

National 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 dan Terengganu, one day in the other States)
• Deepavali
• Christmas Day
• Labour Day
• Awal Muharram
• Malaysia Day

Most governmental and private sectors typically observe the aforementioned public holidays.

According to section 9(1) of the Holidays Act, state holidays are often followed by some states in Malaysia or when they are pertinent to the State in question.

9. (1) The State Authority may, by notification in the Gazette or in such other manner as it thinks fit, appoint a day to be observed as a State public holiday in any such State, and such day shall, except as hereinafter provided, be observed in such State as a public holiday.

(2) The Minister may, by notification in the Gazette, or in such other manner as he thinks fit, appoint a day to be observed as a Federal Territory public holiday in the Federal Territory, and such day shall, except as hereinafter provided, be observed in the Federal Territory as a public holiday.

The Private Sector: 11 Days to be Observed *5 Compulsory Days and 6 Elective Days

Fortunately for Employers, section 60D of the Employment Act only grants employees the right to 11 gazetted public holidays and any day designated as a public holiday by Section 8 of the Holidays Act.

Thus, employers are not obligated to observe these state-level holidays. Therefore, if employers do not designate certain state-level holidays as paid holidays, employees are still expected to work as usual.

Federal Territory Day must be commemorated everywhere except for the Federal Territories of Kuala Lumpur, Putrajaya, and Labuan. Other states are required to observe the Birthday of the Ruler or the Yang di-Pertua Negeri.

Before the start of each calendar year, the employer is required by Section 60D to give a list of the 11 gazetted public holidays to which the employees are entitled, 5 of which must be:

1. National Day
2. The Birthday of Yang-Di Pertuan Agong
3. The Birthday of the Ruler or the Yang di-Pertua Negeri or Federal Territory Day, 
4. The Worker's Day
5. Malaysia Day.

Employers may select any remaining six holidays to make up the 11 days

Employers can use this section to request that their staff come to work on Chinese New Year, Hari Raya Aidilfitri, or Deepavali.  

As earlier mentioned, the employer must list which 11 gazetted public holidays are observed.

If your day is not on the list, you must be absent from the family dinner.

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