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Connie
30/12/2010 08:24:19
Re: PH on 31/12/2010

Hi,

As declared by our PM, 31st will be Public Holiday.

Therefore, should we replace 1 day annual leave for those who has apply for their leave on this day?

Thanks
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KL Siew
pesaraonline@gmail.com
30/12/2010 09:06:55
Ask you company whether they are going to follow the advice of our PM or not. If your company also want to celebrate by having a day off, then I think the day's leave should be treated as cancelled.
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Sharon
30/12/2010 10:43:18
If company does not grant this public holiday (is it a compulsory holiday?) do we have to pay staff public holiday overtime rate?

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xiao xiao
30/12/2010 10:53:42
i want to ask this public holiday is compulsory ?
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KL Siew
30/12/2010 10:54:16
You better consult the Labour Department
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Sharon
30/12/2010 12:09:04
Have checked with Labour Department, Subang Jaya.

It is a compulsory public holiday and if staff are asked to work, tipple pay OT rule applies..

Who knew Suzuki cup was so important!
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Sharon
30/12/2010 12:32:14
* that was triple, not tipple..
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Connie
30/12/2010 12:47:38
Thanks a lot.
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kris
30/12/2010 12:58:17
Sharon, for employee covered by Act, 2x pay, excess of normal hours, then only 3x pay.
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sumin
su_min1987@hotmail.com
30/12/2010 13:21:53
Hi, my company is fixed for min. 10days for the employees if for this additional PH it is the company should give us triple or allow to off?
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sumin
30/12/2010 13:29:05
My company fixed for 10days of Public Holiday.
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kris
30/12/2010 14:02:34
Fixed 10 days is under S60D (1) (a)

Addiitonal is under a separate clause in the Act:
S60D (1) (b) say Employer have to observe PH declared under the Holiday Act 1951.

which means all Employers have to observe for employees covered under the Act.

which means 2x pay and excess of normal hours (say 8), 3x pay.
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Kitkat
30/12/2010 14:04:38
I've received an email from one hr consultant.

"Public Holiday 31 December 2010

Please note that the Prime Minister has announced that 31 December 2010 is declared as a Public Holiday to celebrate Malaysia's first ever victory in the Asean Football Federation Suzuki Cup Championship. As this notification is made under S.8 of the Holidays Act 1951, it must be observed as a compulsory holiday.

However by virtue of the proviso to S.60D(1A) of the Employment Act, employers may grant any other day as a paid holiday in substitution for this holiday. The consent of the employee to make the substitution for this holiday to any other day is not required under the law. If instead of making a substitution you wish to require your employees to come to work tomorrow then they should be paid the holiday rate of pay.

We would also like to remind you that by virtue of S.60D(2) of the Employment Act 1955, if the employee is absent without leave or reasonable excuse either today or the next working day after tomorrow, he forfeits entitlement to the holiday pay which means that he will not be paid for the day he is absent and for tomorrow. "

My boss not gonna like it...
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kris
30/12/2010 15:13:37
Mr Razak is very happy....but havoc for year end procedures!!
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Sumin
30/12/2010 16:20:57
Thanks you!!
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Olive
olive.chan@hauni.com
31/12/2010 08:23:20
My company boss is still not willing to follow either one of the double pay or replacement leave. He was just keep given an excuse which we are oversea company and should follow the internal calendar of PH and not just suddenly declare for PH.

What was in my mind, is that german having PH we also having the same PH since we are following the internal calender. But we are not.
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