Dear MECA Members,
 
RE: Agong's Birthday and Hari Gawai (Sarawak) Public Holidays
 
We will be celebrating our Agong's birthday on Saturday, 1st June 2013. At the same time, companies in Sarawak will have an additional public holiday to celebrate Hari Gawai, which happens to fall on Saturday, 1st June 2013 and Sunday, 2nd June 2013. 
 
For the State of Sarawak, the Chief Minister has declared 3rd and 4th June 2013 (Monday and Tuesday) as public holidays for these holidays. Pursuant to s.104(1)(b) of the Labour Ordinance of Sarawak, all employees will be entitled to any public holiday that is announced by the Government of the State. Since the Chief Minister has made this announcement, employers are required to observe 3rd and 4th June 2013 as holidays. 
 
For employers in Peninsular Malaysia, the Hari Gawai holiday is not applicable. Therefore, only 1st June 2013 will be a public holiday in conjunction with the Agong's birthday. For employers who observe a 5-day work week, there is no requirement for a replacement holiday. For employers who observe a 6-day work week, under s.60D of the Employment Act 1955, the Agong's birthday is a compulsory holiday. As such, employers who require their employees to work on 1st June 2013 are legally obliged to pay them the public holiday rates stipulated under s.60D(3) of the Act. Employers are not allowed to replace this holiday with any other day. 
 
 
 
Yours faithfully,
 
MECA EMPLOYERS CONSULTING AGENCY SDN BHD
 
 
 
Victor Gan
Senior Legal Adviser
Category: 
Circular
Public: 
No