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Tan
30/12/2010 08:26:16
Re: Sudden declared of PH

Hi,

Our PM have declared that 31/12/2010 is a public holiday for all.

If we are still working on the 31/12/2010, does that mean Organizations will add 1 extra day into our upcoming Annual Leave?

Thank you for your assistance.
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wiwi
30/12/2010 09:05:19
Dear Mr Siew,

If employer insists us to work on 31/12/2010...What kind of rate should the company pay us?
or employer hav the right whether not to follow the PH declaration & work as normal rate?

TQ
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KL Siew
pesaraonline@gmail.com
30/12/2010 09:10:15
It looks like many of you are very interested in today's news about our PM declaring a PH for tomorrow I think you better give a call to the local Labour Department and ask for advice. Tell us what they said.
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kris
30/12/2010 10:20:59
anybody manage to get thru to labour office?
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C.H. Tan
30/12/2010 11:12:18
我有call去labour Office。也有send mail to JTKSM。他们说的都一样

Sebagaimana yang diumum oleh YAB Perdana Menteri, 31 Disember 2010 > adalah cuti umum yang diwajibkan. Pekerja boleh diminta bekerja tetapi > hendaklah dibayar gaji 2 hari atau diberi cuti gantian.
> > Rujuk seksyen 60D Akta Kerja 1955

> > > > As announced by the Prime Minister, 31 December 2010 is a > compulsory public holiday. Employee may be required to work but has to > be paid 2 daysí wages or given other day as replacement.> > Refer section 60D of the Employment Act 1955

Yang benar,
> > MdHatta Md Jauhar
> > Ibu Pejabat,
> > Jabatan Tenaga Kerja Semenanjung Malaysia
> > (Labour Department).
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Tan
30/12/2010 12:33:59
I just called the Selangor State Labor Department and they mentioned that the Organization will have to pay 2 days wages (double pay) and replacement days are not counted.

I'm confused. Any other source?
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C.H. Tan
30/12/2010 12:47:40
tan, ur mean is cant make the replacement?
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kris
30/12/2010 12:48:03
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.

replacement is not mentioned. so for staff not covered under Act, u can propose add 1 day leave just to make employee happy...and employer not so happy.
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C.H. Tan
30/12/2010 12:48:32
Our company will replace to another day
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Tan
30/12/2010 12:50:50
My employer giving us 1 day additional into Annual Leave for next year. I was hoping for 2 days because it's suppose to be double pay ma.

Employee should be happy then only got productivity. HAHAHA! Agree?

Happy holidays everyone! :D
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Tan
30/12/2010 13:03:11
C.H. Tan: When I called Selangor State Labor Dept, he say they (Organization) must pay and not give replacement leaves.

I asked what if they want to give you extra 1 day Annual Leave and don't want to pay? He (Labor Law Dept) say No, they (Organization) must pay. If not you can report.

Hope this information helps. :)
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kris
30/12/2010 13:06:01
if covered by ACT, must pay OT. replacement leave not mentioned. if u r not covered by ACt, ie. salary >1500, then u have no recourse. ie. u can be asked to return to work, pay normal and no replacement leave whatsoever.
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Sanusi Din
30/12/2010 13:12:24
kris,
most company give one day replacement for those fall under salary>1500. company also can choose not to give. But under unionised organisation those under union even if salary >1500, still need to check collective agreement. must adhere to the CA or end up in dispute.
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C.C
31/12/2010 10:41:58
My boss always said, follow the labour law. But today PM suddenly declared as a public holiday, but my boss insist do not want to follow. Now, We have to work like normal day, no 2x or 3x pay and no even have any replacement. If my boss insist her way, what can we do? Does it means that, we have to work without anything(Kerja Buta)? (no 2x pay or replacement)
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Yen
02/01/2011 21:32:38
Our company (factory) decided not to shut down on 31 December 2010 nor given double pay, but to grant every staff extra 1 day leave, so they can take their leave any other day.
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