Dear Members:
 
This is a unique situation where the Birthday of the State Ruler is celebrated twice in the same year. The birthday of the 34th Maha Mulia Paduka Seri Sultan Azlan Muhibbuddin Shah Ibni Al-Marhum Sultan Yussuf Izzuddin Shah Ghafarullah-lah was celebrated on 19 April 2014. However, with the passing of His Royal Highness on 28 May 2014, Raja Muda of Perak i.e. Raja Nazrin Shah (as he was known then) ascends the throne as the 35th Sultan of Perak.
 
2. Vide a letter dated 5 September 2014 (appended herewith), the State Deputy Secretary of Perak State, Dato’ Haji Razali Bin Othman announced that the birthday of Sultan Perak, Duli Yang Maha Mulia Paduka Seri Sultan Nazrin Muizzuddin the 35th Shah ibni Almarhum Sultan Azlan Muhibbuddin Shah Al-Magfur-Lah Perak falls on 27 November 2014, which is a Thursday. 
 
3. Pursuant to S.60D(1) of the Employment Act 1955, Birthday of the State Ruler is one of the five compulsory holidays. If an employee in Perak State is required to work on Birthday of the State Ruler or any of the other four compulsory holidays, he is entitled to be paid two (2) days’ wages at his ordinary rate of pay in addition to the holiday pay. These holidays cannot be substituted which means an employee cannot be asked to work on Birthday of the State Ruler and be given another day in substitution. 
 
4. We would also like to remind you that by virtue of S.60D(2) of the Employment Act 1955, if an employee in Perak State is absent without leave or reasonable excuse on the working day: immediately preceding a public holiday (meaning on 26 November 2014, Wednesday), or immediately succeeding a public holiday (meaning on 28 November 2014, Friday), he forfeits entitlement to the holiday pay. 
 
5. This means that if an employee is absent without leave or reasonable excuse on Wednesday/ Friday, he will not receive his wages for Wednesday/ Friday and he will also not be entitled to his holiday pay on Thursday.
 
Should you require further clarification, please do not hesitate to contact us. 
 
Thank you.
 
Yours Sincerely,

 
Ms. Natalie Chong
Legal Adviser

 

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