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

The newly elected prime Minister of Malaysia, Dato Seri Anwar Ibrahim, has declared November 28 a public holiday in gratitude for the rakyat's support for him and his party in the recent general election.

Read here to get a refresher on the two different types of public holidays commemorated in Malaysia.

Can Ministers declare a public holiday?

The Minister can declare any day as a public holiday according to section 8 of the Holidays Act. This section gives the Minister responsible the power to appoint any day he wants as a public holiday in the Peninsular, the Federal Territories or certain States (after consulting the States).

Based on the abovementioned section, the Prime Minister is the Minister responsible for a public holiday. He may appoint any date, in our scenario, November 28, as a public holiday. This can be seen in a statement issued by the Malaysian Prime Minister's Department, which has announced that November 28 will be a public holiday in appreciation of the post-election after five days of having hung parliament. 

This holiday is a national holiday and is observed throughout Malaysia by the public sector and the private sector. The private sector is governed by the Employment Act of 1955.

It is important to note that the Employment Act only applies to Peninsular Malaysia or West Malaysia. Sabah and Sarawak, collectively called East Malaysia, have maintained separate labour enactments.

Can employers make employees work on November 28?

According to Section 60 of the Employment Act, an employee who is required to work on a paid holiday is entitled to two days' pay at the regular rate.

In addition, section 60D 3(b) stipulates that an employee who works on a holiday is entitled to a travel allowance for that day if payable to him under the terms of his agreement with their employers but is not entitled to a higher rate of housing allowance or food allowance under this subsection.

The employer may be punished if leave is denied.

In the previous installation of Sultan Muhammad V of Kelantan as Malaysia's 15th Yang di-Pertuan Agong, the executive director of the Malaysian Employers Federation (MEF), Datuk Shamsuddin Bardan, stated that employers who do not grant leave on April 24 could face a fine under section 99A of the Employment Act. Abdul Halim Bin Mansor, president of the Malaysian Trades Union Congress (MTUC), stated that government and business offices in every state should observe the holiday as a symbol of respect.

Replacement Day

However, on November 28, some companies may have plans scheduled for their employees. Hence, in accordance with Section 60D (1A) of the Employment Act, the employer may designate any other day as a paid public holiday in lieu of any of the specified public holidays.

For more HR-related content, visit our HR Library!