Public Holidays under Malaysian Law

Public Holiday in Malaysia's Employment Act

As per Section 60D(1) of the Employment Act 1955, all employees are entitled to 11 designated public holidays. Additionally, Malaysian employees are entitled to any days appointed as public holidays under Section 8 of the Holidays Act 1951, referred to as "Ad Hoc Public Holidays".

Both the 11 designated public holidays and Ad Hoc Public Holidays are considered paid holidays.

According to the law, 5 of the 11 designated public holidays must include:

1. National Day (31 August)
2. Birthday of Yang-Di Pertuan Agong
3. Birthday of the Ruler or Yang di-Pertua Negeri or Federal Territory day (varies in different states)
4. Workers' Day (1 May)
5. Malaysia Day (16 September)

The remaining 6 designated public holidays can be chosen by the employer from the list provided in the First Schedule of the Holidays Act 1951, and must be effectively communicated to employees through notice or stated in the employment agreement.

The list includes:

• Birthday of the Prophet Muhammad (s.a.w)
• National Day
• Chinese New Year (2 days, except 1 day in the states of Terengganu and Kelantan)
• Wesak Day
• Birthday of the Yang di-Pertuan Agong
• Hari Raya Puasa (2 days)
• Hari Raya Haji (1 day, except 2 days in the states of Terengganu and Kelantan)
• Deepavali
• Christmas Day
• Malaysia Day (16 September)
• Nuzul Al-Quran (only in Federal Territory of Kuala Lumpur, Putrajaya, Labuan)

Regarding Ad Hoc Public Holidays, Section 60D(1A) of the Employment Act 1955 allows employers to grant employees any other day as a paid public holiday in substitution of any of the Ad Hoc Public Holidays.

What if Additional holidays are announced by the Minister?

According to the 1951 Holidays Act, both the federal government and state governments have the authority to declare additional public holidays. These public holidays are in addition to the 11 paid holidays. Therefore, employers must pay wages or provide substitute holidays to employees if they are required to work on these additional public holidays.

Rates of Pay on Public Holidays

The payment rates for work performed on public holidays are regulated as follows:

1. The Rate of Pay on Public Holidays equals the Ordinary Hourly Rate of Pay multiplied by 2. This means that the minimum hourly pay rate for work done on public holidays must be double the usual rate on regular working days.

2. For Overtime Work on Public Holidays, the rate of pay per hour should be no less than the Ordinary Hourly Rate of Pay multiplied by 3. This ensures that the pay rate for overtime work on public holidays is at least triple the regular pay rate on normal working days.

These regulations are stipulated in Section 60D(3aa) and (3aaa), which mandates that the pay rate for work performed on public holidays must not be less than three times the hourly rate of pay during regular working hours.

Replacement Day
Some companies may have plans on the announce public holidays. The employer may grant the employee any other day as a paid public holiday in substitution for any of the public holidays according to Section 60D (1A) of the Employment Act.

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