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9th September public holiday is COMPULSORY for employees & what M’sian law says

9th September public holiday is COMPULSORY for employees & what M’sian law says

Who could forget the debacle of a private company in Johor that refused to give its employees holiday for the Agong’s installation back in July?

Well, not the government!

The Human Resources Ministry has just announced that the upcoming public holiday for Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah’s birthday on 9th September is COMPULSORY for employees.

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Under the 60D (1) of the Employment Act 1955, the Agong’s birthday is amongst the 5 compulsory gazetted public holidays for the nation:

  1. National Day
  2. Agong’s Birthday
  3. State Ruler’s Birthday (Sultan, Yang di-Pertua Negeri, Federal Territory Day)
  4. Worker’s Day
  5. Malaysia Day

The Ministry’s statement aims to clear up the confusion of the additional public holiday given on 30th July for the Agong’s installation.

The Yang di-Pertuan Agong salutes members of the Malaysian Armed Forces during his installation ceremony.
(Credit: Bernama via Malay Mail)

According to section 60D (1) of the Employment Act 1955, there are 11 gazetted public holidays each year, including the 5 compulsory ones mentioned above.

Employers can choose which of the 6 remaining public holidays to observe.

HOWEVER, this DOES NOT include additional public holiday appointed under Section 8 of the Holidays Act 1951 – eg installation of the Agong.

Credit: Holidays Act 1951

As 9th of September is a public holiday (like 30th July), employers must observe the day OR replace it on another date in the year.

If you worked on either of those dates and your employer refuses to replace it, you are legally entitled to overtime pay as stipulated under section 60 (3) of the Employment Act 1955.

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Hope this clears up your confusion about having your day off
whenever a public holiday is announced!

Help your friends and family out too by sharing this article
with them. 😊

Happy holiday from TRP!

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