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Cathie Low
16/12/2009 12:42:21
Re: Public Holiday Replacement?

Dear KL Siew,

I would like to know if a company is having 5 day week, is there any where in our Malaysia Labour Law saying that if a public holiday falls on Saturday, should there be a replacement leave for that?

And if above is yes, what are the public holidays that are to be replaced? Eg, for 2010, Labour Day (1 May), Agong's Birthday, Raya Puasa 2nd Day, Sultan Selangor's Birthday and Christmas Day, all fall on a Saturday. Does the employee get a replacement leave (can be either Annual Leave or force leave on Monday, or anything like that) for that day?

Your reply to above or any reference would very much be appreciated.

Thank you.
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KL Siew
16/12/2009 15:08:30
There will be no replacement for public holidays falling on Saturdays.
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04/01/2011 09:47:12
I was asked to work on 31/12/2010 which is a Ad Hoc Public Holiday which the company I worked in do not recognise.(ie. We were given notice in internal memo.)
We asked our HR manager would we get a replacement holiday( I am not entitled to overtime) and the reply was no, because the company do not recognise the public holiday.

What I want to know is:-
1) Do the company has the right to not recognise the public holiday declared by our PM?
2) Secondly is the HR manager right not to give us replacement holiday for the work done on a declared holiday?
3) Lastly the letter given to us is insulting the PM, the King and Sultan(ie to my interpretation). Is there any action to be take against the company?

Appreciate your reply to the question to the above. Tq
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22/08/2013 15:42:00

Good day to you.

I worked on Hari Raya Puasa on August 8th and 9th this year. My finance normally pays double my salary for such cases. I remember in my previous companies that i worked, I was entitled for replacement leave which can be taken later in year or the company might pay me off if they do not grant a replacement leave. Which means the company will pay me triple my salary if they don't offer a replacement leave. Kindly advise if this practice is compulsory, according to the labor law or it may differ according to the employer.

Thanking you in advance.
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Min nasirah
26/04/2016 09:53:17

Is there any way a company can get their staffs to work on ALL public holidays without any replacement leave, overtime paid (usual, double, tripple rate)?

To elaborate, the company is under F&B sector where the staffs are divided to 1. labour staffs i.e the staffs working on ground level (cashier, runner, kitchen staffs, waiter, etc) and 2. staffs which are placed under management staffs (office staffs) where their working hours is as the usual working hours (8 hours).

INO public holiday given by the company with NO replacement leave and NO OT was granted for the office staffs. The ground staffs are paid OT on the public holidays.

Is there any way/ clause in Malaysia Labor Law that allows this to happen. Is F&B sector has any special right to treat their staffs as such.

I appreciate your kind feedback. This will help heaps. Many thanks in advance
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