KUALA LUMPUR: Employers can choose whether to give their workers paid public holiday or otherwise for the public holiday today that has been declared by certain state governments.
Peninsular Malaysia Manpower Department director-general, Mohd Jeffrey Joakim said in a statement yesterday that based on Section 60D of the Employment Act 1955, all employees were eligible for 11 paid public holidays in a calendar year and five gazetted public holidays.
The gazetted public holidays are the National Day, birthday of the Yang di-Pertuan Agong, Sultan or Ruler’s birthday or Federal Territories Day, Workers Day and Malaysia Day.
“Besides that, any day declared as a public holiday within the calendar year under Section 8 of the Holidays Act 1951 and the balance of six public holidays can be chosen from any of the other public holidays.
“Based on this provision, a public holiday declared by the state authorities under Section 9 of the Holidays Act 1951 is applicable under the Employment Act 1955,” Mohd Jeffrey said.
Malaysian Employers Federation (MEF) executive director Shamsuddin Bardan yesterday was quoted by The Star newspaper as saying that the move by the Selangor and Penang state governments to declare May 6 as a state public holiday might mean little as employers were not obliged to follow. — Bernama
He said although a state public holiday had been declared by a state government, employers were not obliged to follow since it was stated in Section 60 (2)(b) of the Employment Act that “employers are not obliged to adhere to a state-declared holiday but are bound under Section 8 of the Holidays Act if it is a nationwide-declared federal holiday”.
On Friday, Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim announced Monday, May 6, as a public holiday to facilitate those who returned to their hometowns in Selangor to vote in the 13th general election on Sunday. — Bernama