Got to Work During A Public Holiday? Here Are Some Employee Rights You Need To Know!

Malaysia is probably one of the most generous countries when it comes to public holidays. I mean, we have three main races after all! And the festivities must be celebrated!

Well, as fun as holidays go, some times, companies still require people to steer the ship while some people are away. So what happens if your boss requires you to resume work on public holidays? Don’t worry! The Malaysia Employment Act 1955 has our backs covered. Greaaaaat!

Public holidays

Declared public holidays are a paid holiday by default. That means your boss is required by law to pay you! Oh yeah.

There are several declared public holidays that every company must abide by. On these 10 gazetted public holidays in any one calendar year, every employee is entitled a paid holiday at his/her usual pay. The public holidays include;

• the National Day
• the Birthday of the Yang di-Pertuan Agong
• the Birthday of the Ruler or the Yang di-Pertua Negeri
• the Workers’ Day

Double or triple pays?

When your boss insists that you work on a paid holiday, you are entitled to double pay. If you are required to stay overtime, you are entitled to triple pay!

Wait, how do I even know what my ordinary rate of pay is?

According to Section 60I(1)(a), “ordinary rate of pay” means the wages that you are supposed to receive (whether counted hourly, weekly or monthly) under your contract of service. This does not include the pay you would receive for working on a rest day or on any gazetted public holiday granted by the employer or any day substituted for the gazetted public holiday as there would be separate calculations for that.

Here are the formulas you can use to calculate your ordinary pay (note that ‘/’ means divide):

• Daily or hourly basis: Total salary for the preceding work period/The number of days you worked during that work period. The salary used must exclude any amount paid as incentives or rest day/public holiday wages. (Eg: RM150/5=RM30)
• Weekly basis: Weekly pay/6   Eg: RM600/6=RM100
• Monthly basis: Monthly pay/26   Eg: RM2600/6=RM100

Section 60I(2) states that employers are not compelled to use the formulas provided by the Malaysia Employment Act 1955. However, whatever method used to for this calculation must not place employees at a disadvantage than what the law has provided. Now that’s more like it!

So what if your boss didn’t give you that double or triple pay?

If your boss does not comply to the following, then it would contravene the Section 60D (3). For further assistance, visit your nearest labor office under the Department of Labour Peninsular Malaysia, email jtksm@mohr.gov.my or call 03-80008000 for inquiries.

Take note of the rights you are entitled to and enjoy the holiday to the fullest! Happy holidays! 😉

Also read: Pregnant M’sians Can Sue Bosses Who Don’t Approve 90 Days Maternity Leave