Public Holidays in Malaysia

How many public holidays do we have in Malaysia?

Many Malaysian employers have expressed concern over the ad hoc declaration of public holidays.

The First Schedule of the Holidays Act lists all public holidays. The following are the 10 public holidays specified in the schedule:

Chinese New Year
Wesak Day
Hari Raya Aidilfitri (2 days)
Merdeka Day
Hari Raya Haji
Agong’s Birthday
Malaysia Day
Deepavali
Prophet Muhammad’s Birthday
Christmas Day

It’s worth noting that the states of Kelantan and Terengganu only celebrate Chinese New Year for one day, whilst other states celebrate it for two. Hari Raya Haji is observed for two days in Kelantan and Terengganu, but it is observed for one day in other states.

Wait a minute, we have more public holiday : State Level

There are two types of national and state public holidays in Malaysia. The above-mentioned official holiday is usually honoured by most governmental and private organisations.

Pursuant to Section 9(1) of the Holidays Act, state holidays are often observed by select Malaysian states or when they are important to the state.
Consider Kuala Lumpur, the country’s capital. KL celebrates New Year’s Day on January 1, Thaipusam, Nuzul Al-Quran and Awal Muharram.
According to Section 9(2) of the Holidays Act, Kuala Lumpur, along with just two other territories, celebrates Federal Territory Day on February 1.

The Private Sector: 11 Days to be Observed. (5 Compulsory Days & 6 Elective Days)

Every employee is entitled to the 11 gazetted public holidays and any day specified as a public holiday under Section 8 of the Holidays Act under Section 60D of the Employment Act.

State level holidays are not mandated to be observed by employers. If businesses do not declare certain state level holidays as paid holidays, employees must continue working as usual.
There are several exceptions, such as Federal Territory Day, which must be observed in the federal territories (KL, Putrajaya and Labuan). The Ruler’s Birthday, or the Yang di-Pertua Negeri, must be observed in other states.

Section 60D requires the employer to give a list of 11 gazetted public holidays to which employees are entitled before the start of each calendar year, 5 of which must be:

National Day
The Birthday of Yang-Di Pertuan Agong
The Birthday of the Ruler or The Yang-di Pertua Negeri or Federal Territory Day
The Worker’s Day
Malaysia Day

The remaining 6 holidays are left to the employers to pick from to make up the 11 days.

This section allows the employer to ask the employees to come to work on Chinese New Year, Hari Aidilfitri or Deepavali.
As previously noted, the employer must list the 11 gazetted public holidays.

More holidays can be created by the Minister!

Section 8 of the Holidays Act allows the Minister to declare any day a public holiday. This law essentially allows the Minister in Charge the authority to declare any day a public holiday in the Peninsular, the Federal Territories, or select States (after consulting the States).

In 2017, the Malaysian Prime Minister Department declared September 4th to be a national holiday in honour of the Malaysian contingent’s remarkable performance in the 29th Southeast Asian Games in Kuala Lumpur.
This is a national holiday that is observed by both the public and private sectors in Malaysia. The Employment Act of 1955 regulates the private sector.
It’s important to remember that the Employment Act only applies to Peninsular Malaysia and West Malaysia. The labour laws of Sabah and Sarawak have been kept separate.

Is it legal for an employer to require employees to work on a declared public holiday?

Section 60 Employment Act

An employee may be asked to work on any paid holiday for a penalty of two days’ salary at the regular rate.

Section 60D(3)(b) Employment Act

An employee who works on a holiday is entitled to a travel allowance for that day if it is due under the terms of their employment contract, but such employee is not required to an increased rate of any housing or food allowance under this subsection.

If the employer refuses to give the employee leave, they may be punished.

Following Sultan Muhammad V of Kelantan’s installation as Malaysia’s 15th Yang di-Pertuan Agong, Malaysian Employers Federation (MEF) executive director Datuk Shamsuddin Bardan indicated that employers who do not offer leave on April 24, 2017 may be fined per Section 99A of the Employment Act.
Meanwhile, Abdul Halim Bin Mansor, president of the Malaysian Trades Union Congress (MTUC), urged that every state’s government and private offices should observe the holiday out of respect.

Replacement Day

Based on the holiday, some businesses may have plans. In accordance with Section 60D(1A) of the Employment Act, the employer may give the employee any other day as a paid public holiday in lieu of any of the public holidays.

Conclusion

There are only 11 paid public holidays, of which employers may choose 6 out of 11; however, the Minister may announce special holidays from time to time.
Employers, on the other hand, may select a replacement day for these last-minute holidays. Employers who compel employees to work during the minister’s announced holidays will be paid at the rate of a public holiday.

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