Posted by Have you ever been looking forward to a break because you and your friends had planned a great road trip? You pack your bags, fill up your car with gas, and get ready to leave. On the day before that public holidays, as you are saying goodbye to your coworkers, your boss walks into the office and says that the company will not be closed. As usual, work would go on.
You take off your party hat and put on your painful work hat. If you’ve been in this scenario, you may have thought if your manager might force you work on holidays. If so, what do you get in return? Do you get paid twice as much or an extra day off?
Can my boss force me to work on public holidays?
For starters, this only applies to people who are considered employees by the Employment Act 1955 and Peninsular Malaysia (including the Federal Territory of Labuan). The Act says that “employees” are people who make less than RM2,000 a year or, no matter how much they make, such as people who do hard labor or work as a domestic servant.
The Employment Act doesn’t protect you if you aren’t a worker who fits the description of a worker given above. Instead, you would have to rely on your job contract, and if there were any problems with it, you would have to go to the Industrial Court.
Section 60D(1) says that as employees, we are entitled to a paid holiday on any gazetted public holiday (like National Day, Malaysia Day, or the birthday of the Yang di-Pertuan Agong) or any other day that is marked a holiday by the Holidays Act 1951.
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If your boss still ask you to work on a public holiday here’s what you should know:
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Ask for day off substitute
If your employer requires you to work on a public holiday, he may provide you another day off instead.
Section 60D(1):
“Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year: (a) on eleven of the gazetted public holidays, five of which shall be—”
Section 60D(1A):
“…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 six gazetted public holidays provided for in paragraph (1)(a): 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 (1)(b).”
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You are entitled for extra pay
Now, about the pay you should get if you work on a public holiday, section 60D(3)(a) says that whether you are paid by the hour or by the month, you are entitled to an extra two days’ pay at your regular rate on top of your holiday pay. Public holidays don’t matter how many hours you work, unlike normal days off.
On a public holiday, you can earn RM60 if you regularly make RM20 per day.
This number is based on the holiday pay (RM20) + two days of regular pay (RM20 x 2 = RM40).
Here is a quote from Section 60D(3)(a):
“…in addition to the holiday pay he is entitled to for that day— (i) 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…regardless that the period of work done on that day is less than the normal hours of work.”
Holiday overtime pays at least three times your hourly wage. If you worked extra on a public holiday, you could earn RM15 per hour if you usually make RM5.
Remember that if the holiday falls on a half-day, you will get compensated for a full day.
What if you want extra pay instead of substitute days off?
The Employment Act doesn’t specify what your boss must pay you for working on a holiday. Your company’s policy and your boss’s decision determine whether you earn extra money or a day off.
Because Malaysia has so many different types of enterprises. It’s hard to set standards that ensure none of them lose money.
For example, extra pay may be best for logistics workers who must meet tight schedules. However, a small company with few employees may benefit financially from giving you an extra day off.
Knowing your company’s policies helps you plan a vacation or earn extra money.
SOURCE: AskLegal
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Anisa is a writer who focuses on career and lifestyle topics in an effort to motivate both job searchers and employers towards greater fulfillment in their professional lives.
Reach me at anisa@jobstore.com.