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Stephy
01/05/2009 02:15:06
Re: Public holidays and foreign workers

Good day! Have few queations here:
1) For the four public holidays i.e. the National Day, the Birthday of the Yang di-Pertuan Agong, the Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day and the Workers’ Day => Are employer compulsory to pay double for their staff that work on these day?
2)can the other six public holidays replace by a rest day?
3)Are foreign workers cover under Employment Act?

Thank you.

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KL Siew
kl_siew@yahoo.com
01/05/2009 09:40:26
1. Yes, it is compulsory;

2. You have to fix the other 6 days. See the law in the Section 60D of the Employment Act below:

"..(1A) The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining six gazetted public holidays provided for in subsection (1)(a) in respect of which his employees shall be entitled to paid holidays under subsection (1)(a):

Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the said remaining six gazetted public holidays provided for in subsection (1)(a);"

3. Foreign workers are also covered under the Employment Act.
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