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nor akmar
28/02/2008 23:42:37
Re: cuti gantian Replacement Leave?

Is a non exec
or exec
or managerial staf , be it contract or confirmed
in a company (Sdn Bhd)

entitled for a Cuti Gantian because was ask to work on a public holiday (1/2/08)
outstation in Tggnu on a friday

Are all 3 entitled for Cuti Gantian CG
Can The Mgmt refused CG because of kepentingan tugas
Can the Mgmt make rules (no circular to that effect) no CG for exec/mngr
or non execs?
Still blurr on this age old prob..Thanks

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KL Siew
29/02/2008 09:08:39
So, you must be working in Wilayah Persekutan and 1 Feb is your public holiday. Secondly I presume Friday is not a rest day of your company.

(1) For those who are covered by the Employment Act, i.e. with salary not more than RM1500, they are entitled substituted holiday for working on rest day (see proviso of Section 60D of the EA below). But in your case, since Friday is not a rest day for the company, they are not entitled to a subsituted holidays. However, they are entitled to extra pay for working on holiday - FT Day.

"..Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on a rest day the working day following immediately the rest day shall be a paid holiday in substitution of that public holiday.; .."

(2) For those who are not covered by the EA,, i.e. with salary over RM1500, the above law does not cover them. As such, they will go according to the regulations and rules of the company on such matter of working on public holidays. If none, all of you should try to negotiate with the company about such matter.

(3) If management refuses to grant GC, then management should pay holiday pay to those who work on the public holiday. For those of you who are not covered by the EA, they should work out something with the management to cover such problem.

If you are not successful in getting the problem solved, you can always ask for help from Industrial Relations Department.

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