Malaysia legislation
Section 104
Section 104
(a)
on sixteen gazetted public holidays as specified under the
Public Holidays Ordinance (Sarawak) [Cap. 8] (1958 Ed.), four of which shall be—
(i)
the National Day;
(ii)
the Birthday of the Yang di-Pertuan Agong;
(iii)
the Birthday of the Yang di-Pertua Negeri of
Sarawak; and
(iv)
the Workers’ Day:
Provided that the other twelve public holidays referred to in this paragraph be fixed with regard to the religion and customs of the employees; and
(b)
on any day in addition to the gazetted public holidays referred to in paragraph (a) declared as a public holiday by the Government of the State:
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Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on a rest day, the working day following the rest day shall be a paid holiday in substitution of that public holiday.
(2)
The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining twelve gazetted public holidays in respect of which his employees shall be entitled to paid holidays under paragraph (a) of subsection (1):
Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the remaining twelve gazetted public holidays provided for in paragraph (a) of subsection (1):
And provided further that the employer may grant the employee any other day as a paid public holiday in substitution for any of the public holidays referred to in paragraph (b) of subsection (1).
(3)
Where any of the public holidays or any other day substituted therefor as provided in subsection (1) or (2) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Ordinance, or falls during the period of temporary disablement under the
Workmen’s Compensation Act 1952 [Act 273], or under the
Employees’ Social Security Act 1969 [Act 4], the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefore.
(4)
Any employee who absents himself from work on the working day immediately preceding or immediately succeeding a public holiday or two or more consecutive public holidays or any day or days substituted therefor under this section without the prior consent of his employer, shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence.
(5)
An employee on a monthly rate of pay shall be deemed to have received his holiday pay if he receives from his employer his monthly
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wages, without abatement (other than as provided under subsection (4)) in respect of the holiday, for the month in which the holiday falls.
(6)
Notwithstanding subsections (1), (2) and (3), any employee may be required by his employer to work on any paid holiday to which he is entitled under those subsections, and in such event he shall, in addition to the holiday pay he is entitled to for that day—
(a)
in the case of an employee employed on a monthly, weekly, daily, hourly, or other similar rate of pay, be paid two days’
wages at the ordinary rate of pay; or
(b)
in the case of an employee employed on piece rate, be paid twice the ordinary rate per piece, regardless that the period of work done on that day is less than the normal hours of work.
(7)
For any overtime work carried out by an employee referred to in paragraph (a) of subsection (6) in excess of the normal hours of work on a paid public holiday, the employee shall be paid at a rate which is not less than three times his hourly rate of pay.
(8)
For any overtime work carried out by an employee referred to in paragraph (b) of subsection (6) in excess of the normal hours of work on any paid holiday, the employee shall be paid not less than three times the ordinary rate per piece.
(9)
An employee who works on a holiday shall be entitled to a travelling allowance for that day if payable to him under the terms of his contract of service with his employer but such employee shall not be entitled under this subsection to receive an increased rate of any housing allowance or food allowance.
(10)
For the purposes of this section if any such holiday falls on a half working day, the ordinary rate of pay payable shall be that of a full working day.
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Hours of work