Connect with us

Lifestyle

Forced to Use Annual, Unpaid Leave for Company’s Raya Closure? It’s Illegal! Here’s How to File a Report

Published

Feat Image Raya
Source: Job Street & 123RF

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

With Hari Raya Aidilfitri just around the corner, many Malaysians are preparing for the balik kampung exodus to celebrate with their families. With the Ministry of Education (MOE) announcing an extra day off on 18 March, for up to 12 days of school holiday when the Term 1 break is taken into account, we can definitely expect working parents to take extended annual leave to bask in the festivities.

However, before you take your extended leave and head off to your hometown, there is one crucial thing you should be aware of. If your employer instructs you to take annual leave or unpaid leave because the company is closing for an extended period during the Hari Raya festivities, know that this is against the law in our country. 

144674624 L Normal None

For illustration purposes

 

Employers can’t force workers to take annual leave or unpaid leave

Speaking to WORLD OF BUZZ, Danial Harith, an associate at Kuala Lumpur-based law firm ADIL Legal, explained that under Section 60E(1) of the Employment Act 1955, an employee is entitled to paid annual leave of:

  • Eight days for every twelve months of continuous service with the same employer if they have been employed by that employer for a period of less than two years
  • Twelve days for every twelve months of continuous service with the same employer if they have been employed by that employer for a period of two years or more but less than five years
  • Sixteen days for every twelve months of continuous service with the same employer if they have been employed by that employer for a period of five years or more
Things You Need To Know About Annual Leave 8 Common Questions Answered

For illustration purposes

Furthermore, if the employee has not completed twelve months of continuous service with the same employer during the year in which their contract of service terminates, their entitlement to paid annual leave shall be in direct proportion to the number of completed months of service. Subsection 1A adds that this paid annual leave shall be in addition to rest days and paid holidays.

However, Danial stressed that employers are not allowed to force an employee to go on annual leave on the employer’s own accord, as it’s the employee’s prerogative.

He then referenced the case of Kesatuan Pekerja-Pekerja Continental Tyre Pj Malaysia Sdn Bhd v Continental Tyre Pj Malaysia [2015] 3 ILR 462, in which Continental compelled its employees to use their respective annual leave during a plant shutdown, but didn’t pay the workers their wages to go on leave.

203249400 L 1

For illustration purposes

“The Industrial Court found that Continental had the right to shut down the plant, but didn’t have the right to force its workers to take annual leave during the shutdown,” Danial explained.

“Continental was then ordered to either pay the workers for the days they had not been paid or grant them 2 days of annual leave from the date of the decision,” he added.

 

An employee can’t go on annual leave as they please

Conversely, Danial stated that an employee also can’t go on annual leave as they please. This was established in the case of Pan Global Textiles Bhd. Pulau Pinang v. Ang Beng Teik [2002] 1 CLJ 181.

The judgment notably reads:

“No employee can claim as a matter of right leave of absence without permission, and when there might not be any permission for the same… Hence, continued absence from work without permission will constitute misconduct justifying the discharge of a workman from service.”

Furthermore, Danial added that in the case of Puan Azinah binti Aziz v Overseas Assurance Corporation (Malaysia) Berhad [2006] ILJU 255, the Court found that although Puan Azinah has worked in the company for 20 years, the company has the right to dismiss her if she takes leave without approval from her boss, as taking a day off without consent is classified as a case of serious misconduct.

He clarified:

“Hence, do note that employers have the right to reject leave applications for various reasons. These include insufficient notice, non-compliance with company policy, other employees going on leave during the same period or urgent work that needs to be completed.”

Raya 3

For illustration purposes

 

How to report your employer if they forced you to take annual leave

There are several different ways you can report your employers if they forced you to take annual leave or unpaid leave, including:

  1. Write a complaint to the nearest Department of Labour (JTK) office. You can find the list of JTK offices and their addresses nationwide here
  2. Write a complaint via email to the JTKSM official email at ym.vog.rhomobfsctd-2426da@msktj
  3. Lodge a complaint online via the Public Complaint Management System SISPAA here
  4. Walk into the nearest JTK office to lodge a complaint
  5. Call 03-80008000
  6. Lodge a complaint via the Working for Workers application. Download links for Android here and iOS here

Here is the information required when lodging a complaint:

  • Complainant’s full information (Name, address, telephone number and email)
  • Complained party’s full information (Name, address, telephone number and email)
  • Issues of complaint
  • Copy of relevant supporting documents, such as letter of offer/employment contract and latest payslip
Bsnraya2023 Matching

For illustration purposes

 

Stay tuned to WORLD OF BUZZ for more insights such as this!

 

Also read: LHDN Allows M’sians to ‘Pay Later’ Income Tax in Instalments of Up to 6 Months This Raya, Here’s How

Feat Image Lhdn Eansuran

Source: 123RF
Source: Job Street
Source: 123RF
Source: 123RF

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

Collage 17 Collage 17
News12 hours ago

“Sg Buloh Prison is overcrowded” – Lawyer Urges Court to Release Trio Who Beat Up Man at Kepong Eatery on Bail

Three men accused of assaulting a long-haired man at a bak kut teh shop in Kepong were charged in the...

Collage 2 2 Collage 2 2
News15 hours ago

“Shoot them if they evade arrest” – Kedah MB Urges Extreme Measures Against Langkawi Drug Syndicate

Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor has urged police to take firm, and even “extreme”, measures to...

Collage 15 Collage 15
News2 days ago

Jho Low Seeks Presidential Pardon from Donald Trump to Drop His 1MDB Criminal Charges in the US

Fugitive Malaysian businessman Low Taek Jho, better known as Jho Low, has reportedly applied for a presidential pardon from former...

Collage 14 Collage 14
News3 days ago

19yo M’sian Student Charged with Murder of Woman Found with 61 Stab Wounds, Faces Death Penalty

A college student has been charged at the Kota Bharu Magistrate’s Court today with the murder of 19-year-old Nurfisya Zulkifly...

Collage 13 Collage 13
News3 days ago

PDRM: Several Individuals, Believed to be Drunk, Beat Up Man at Kepong Eatery for ‘Glaring’ at Them

A man was assaulted by a group of individuals after reportedly looking in their direction while dining at a restaurant...

Collage 11 Collage 11
News7 days ago

PDRM: 11yo Student Who Fell from Melaka School Was Retrieving Peer’s Shoe He Had Thrown on Awning

Police have confirmed that an incident involving a Standard 5 male student, who was injured after falling from a garage...

Collage 9 Collage 9
News1 week ago

11yo Falls From Melaka School Building While Retrieving Shoe Allegedly Thrown Onto Awning by a Peer

A Standard Five male student from a primary school in Batu Berendam, Melaka, was injured after falling from the first-floor...

Dd Ft 17 Dd Ft 17
News1 week ago

“I forgive him” – Father of 8yo Girl Fatally Struck Near Johor School Urges Public Not to Blame Van Driver

An 8-year-old student was fatally struck in front of Sekolah Kebangsaan (SK) Seri Maimon in Parit Sulong, Batu Pahat, Johor,...

Announcement

Latest Videos



TRENDING TODAY