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Theresa Joseph
06/02/2015 02:10:28
Re: Public Holidays

Dear KL Siew,

Selangor has 19 days of public holidays (if I am not wrong). Company (retail shop) needs us to work during these days, however 10 days of the public holidays will be replaced to other days (these 10 days are the 10 chosen public holidays by the company).

I understand that if the public holiday is replaced to another day, I am not entitled to the extra payment; OT payment; salary/26 x2 (please correct me if I am wrong).

My question is, how about the remaining 9 days? If I work on these days, should the company pay me the extra payment? If yes, is the calculation salary/26 x 2? And say I need to work for 10 hours during the public holiday, is the extra 2 hours calculated as salary/26/8 x 3 x 2 hours?

Please advice.

Thanks and regards.
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KL Siew
klsiew.my@gmail.com
06/02/2015 08:57:35
First, I think you should seek clarification from your company what are the days selected by them to be their holidays. Although there are 19 days but under the Employment Act they only need to provide a minimum of 11 days. Please note, the minimum now is 11 days, not 10 days anymore. Anyway, for those remaining public holidays, those are just ordinary working days, not extra need to be paid.
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Theresa Joseph
06/02/2015 09:18:45
Dear KL Siew,

Thanks for the reply.

The 10 days are:
New year,
Labour day,
Agong's birthday,
Hari Raya Day 1,
Hari Raya Day 2,
National Day,
Malaysia Day,
Awal Muharam,
Sultan Selangor's Birthday,
Christmas.

However, company also said that this will be like our annual leave which we can only use next year after we 'earn' it this year. Is this correct?

Please advice.

Thanks and regards.
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KL Siew
06/02/2015 09:49:15
That is not correct. You should bring the matter up with the Labour Department.
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Theresa Joseph
06/02/2015 10:04:32
Dear KL Siew,

Meaning, I can actually request a leave after the Public Holiday. Ie: Labour Day is on 1st May 2105 and I work on this day. I can ask a leave on 2nd May 2105 or on any day after that as long as it is after 1st May 2105 (not before 1st May 2015) and no need to wait till 2016 to utilize it (please advice if this is wrong).

Thanks a lot for your time to reply.

I appreciate it.


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KL Siew
06/02/2015 11:22:51
Whenever you want to take leave, you have to apply first and get approval. If you go on leave without approval before or after PH, you may not get holiday pay.
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