In Malaysia, public holiday entitlement for employees is governed by the Employment Act 1955, which applies to Peninsular Malaysia and the Federal Territory of Labuan. The Act does not specifically apply to Sabah and Sarawak, as they have their own labor ordinances, but the principles are generally similar. Key Points on Public Holiday Entitlement in Malaysia:
1. Minimum Entitlement:
– Employees are entitled to 11 paid public holidays per year, as stipulated by the Employment Act 1955.
– Out of these 11 holidays, 5 are compulsory:
- National Day (31 August)
- Birthday of the Yang di-Pertuan Agong (King) (date varies)
- Birthday of the Ruler or Governor of the State (date varies)
- Labour Day (1 May)
- Malaysia Day (16 September)
2. State and Federal Holidays:
– Each state in Malaysia has its own public holidays, such as the Sultan’s birthday or religious festivals.
– Employers can choose additional holidays from the state or federal list to make up the remaining 6 holidays.
3. Substitution of Holidays:
– If a public holiday falls on a rest day (e.g., Sunday), the following working day is typically observed as a substitute holiday.
4. Work on Public Holidays:
– If an employee is required to work on a public holiday, they are entitled to:
– Double pay for the hours worked, or
– A substitute holiday and their normal daily wage.
5. Part-Time Employees:
– Part-time employees are also entitled to public holidays, but their entitlement may be prorated based on their working hours.
6. Additional Holidays:
– Some employers may offer more than the statutory minimum of 11 public holidays as part of their employment contracts or company policies.
7. Sabah and Sarawak:
– In Sabah and Sarawak, the labor ordinances are similar, but there may be slight differences in the number of public holidays or specific state holidays.
Important Notes:
– Employers must display a list of public holidays for the year in the workplace.
– Employees should check their employment contracts or collective agreements, as some companies may offer more generous holiday entitlements.
