Malaysia Day falls on 16 September 2014, which is a Tuesday. Pursuant to S.60D(1) of the Employment Act 1955, Malaysia Day is one of the four compulsory holidays. If an employee is required to work on Malaysia Day or any of the other four compulsory holidays, he is entitled to be paid two (2) days’ wages at his ordinary rate of pay. 
 
These holidays cannot be substituted which means an employee cannot be asked to work on Malaysia Day and be given another day in substitution. 
 
We would also like to remind you that by virtue of S.60D(2) of the Employment Act 1955, if an employee is absent without leave or reasonable excuse on the working day: immediately preceding a public holiday (meaning on 15 September 2014, Monday), or immediately succeeding a public holiday (meaning on 17 September 2014, Wednesday), he forfeits entitlement to the holiday pay. 
 
This means that if an employee is absent without leave or reasonable excuse on Monday/ Wednesday, he will not receive his wages for Monday/ Wednesday and he will also not be entitled to his holiday pay on Tuesday. Should you require further clarification, please do not hesitate to contact us. 
 
 
Thank you and Selamat Hari Malaysia to all of you.
 
 
Yours Sincerely,
 
Ms. Natalie Chong
Legal Adviser
Category: 
Circular
Public: 
No