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28/01/2010 12:36:35
Re: state holiday

Hi , i got a question can anyone advice me :)

1/2/10 is state holiday but company request to work on that day .
below is the message from company

( Due to high backlog situation for Bench, you have been chosen to call back to work on 01-February-10.

You will be replacing a day leave where is subject to be utilising within the same period of month. The replacing day off shall take at times convenient to your division and with approval by your division manager.)

who come to work will replace 1 day off , who not coming to work will deduct 1 day leave !! it is company got the right to do that ??
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KL Siew
28/01/2010 13:32:27
If you are specifically required to work on that day and you fail to turn up for work, the employer may have to right to do that or even take disciplinary action against you. Consult the Labour Department if necessary while this is still time.
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28/01/2010 14:38:56
how many times rate of pay when working on Federal Territory Day ?
replace with 1 day it is fair ?

6.5 Public Holidays

Every employee shall be entitled to paid holiday at his ordinary rate of pay on the following days in any one calendar year:

(a) on ten of the gazetted public holidays, four of which shall be-

(i) the National Day;

(ii) the Birthday of the Yang di-Pertuan Agong;

(iii) the Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day; and

(iv) the Workers’ Day; and
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KL Siew
28/01/2010 16:28:53
The Employment Act does not talk about replacement. It only mentions about payment @ two times the ordinary rate of pay for working on public holidays. In your case, I don't know whether the EA is applicable to you as it only covers employees with salary not exceeding RM1500. If you are covered, you may insist that you be paid double or else complain to the Labour Department. If you are out of the scope of the EA, the current practice may stand unless you can negotiate for a better deal .
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