It cannot be denied that Malaysians love public holidays, more so when a public holiday is announced unexpectedly by the government. The nation could almost collectively be heard squealing in delight when the Prime Minister announced the additional public holiday in conjunction with the 2023 Hari Raya Aidilfitri celebration. Another instance was when 28 November 2022 was declared a public holiday, following the 15th General Election.
While Malaysians welcome impromptu public holiday announcements with open arms, have you ever wondered whether your employer is bound to observe these unexpected public holidays?
Firstly, it is interesting to note that among the public holidays in Malaysia, there are only 11 gazetted public holidays under First Schedule of the Holidays Act 1951:
- Birthday of the Prophet Muhammad (s.a.w.)
- Chinese New Year
- Wesak Day
- Birthday of the Yang di-Pertuan Agong
- Hari Raya Puasa (2 days)
- Hari Raya Haji
- National Day
- Malaysia Day
- Deepavali
- Christmas Day.
Section 8 of the Holidays Act 1951 provides that the Minister may appoint a day to be observed as a public holiday in addition to or in substitution for the 11 gazetted public holidays. This section is therefore relied upon for the announcement of any impromptu public holidays by the government.
Section 60D of the Employment Act 1955 provides that every employee[1] is entitled to the 11 gazetted public holidays (5 of which must be the National Day, Birthday of the Yang di-Pertuan Agong, Birthday of the Ruler or the Yang di-Pertua Negeri or Federal Territory Day, Labour Day and Malaysia Day) and any day declared by the Minister as a public holiday for that particular year under Section 8 of the Holidays Act 1951.
Thus, employers are required to recognise the impromptu public holidays declared under Section 8 of the Holidays Act 1951. Nonetheless, if an employer does not wish to observe it on that particular day i.e. you are asked to work anyway, your employer must pay you two days’ wages (in addition to that day’s wage). Alternatively, your employer may choose to grant you any other day as a paid public holiday in substitution.
Be careful though not to confuse the above gazetted holidays with all other public holidays that do not fall under Section 8 i.e. non-gazetted public holidays, such as New Years Day, Thaipusam, Nuzul Al-Quran, Labour Day, or some state-level holidays, to name just a few. For these your employer is not compelled by law to observe it. This means, you could be asked to go to work, and you would have to.
To conclude, while the 11 gazetted public holidays must be observed by your employer on those particular days, the impromptu public holiday is subject to your employer’s discretion. But if your employer is one of those few that simply recognises ALL public holidays, regardless if it is gazetted or not, then count your lucky stars!
[1] Note: An employee is defined under the amended First Schedule of the Employment Act 1955 as among others, “any person who has entered into a contract of service”
About the Author
Poon Wei Ying is a Senior Associate of XK Law who graduated with First Class Honours from the Cardiff University, United Kingdom. She believes in giving back to the society and that education can change a person’s life.
