11th December 2016 is a Public Holiday in conjunction with Selangor Sultan’s Birthday
Recently, we’ve received an enquiry from one of our HR Member and his question goes “Can you advise us whether, 11th December 2016 is a public holiday in conjunction with the Sultan Selangor’s Birthday? And, as what we comprehend – will it be replaced on 13th December as 12th December 2016 is a Public Holiday as well in conjunction with Prophet Muhammad’s Birthday (Maulidur Rasul)”
Alright, first of all, let us look at the first Public Holiday in conjunction with the Sultan Selangor’s Birthday which falls on 11th December 2016.
11th December 2016 would be the he birthday of the 9th Sultan Selangor, Duli Yang Maha Mulia Sultan Sharafuddin Idris Shah Alhaj ibni Almarhum Sultan Salahuddin Abdul Aziz Shah Alhaj.
Now, following the S.60D(1)(a) of the Employment Act 1955, State Ruler’s Birthday is one of the five compulsory holidays. So, if an employee in Selangor State is required to work on the Sultan’s Birthday or any other five (5) compulsory holidays, the employee is entitled to be paid two (2) days’ wages at his ordinary rate of pay. These five (5) compulsory holidays cannot be substituted which means an employee based in Selangor cannot be asked to work on 11th December 2016 and be given another day in substitution.
However, the following provision under S.60D(1) of the Employment Act 1955, where should the State Ruler’s Birthday falls on a rest day or on another public holiday, then the working day that immediately follows the rest day or public holiday (meaning on 13 th December 2016 as 12th December 2016 is a public holiday) shall be a paid holiday in substitution of the first mentioned public holiday.
Now, let’s look at the Public Holiday on 12th December 2016 in conjunction with Prophet Muhammad’s Birthday (Maulidur Rasul).
Prophet Muhammad’s Birthday (Maulidur Rasul) will be celebrated on 12th December 2016. As this holiday has been declared under Section 8 of the Holidays Act 1951, it has to be observed as a compulsory holiday following to S.60D(1)(b) of the Employment Act 1955.
Notwithstanding this, by virtue of the second provision to S.60D(1A) of the Employment Act 1955, employers may grant any other day as a paid holiday in substitution for this holiday. The consent of the employee to make the substitution for this holiday to any other day is not required under the law. If no substitution is made then employees are entitled to receive the holiday rate of pay for working on 12th December 2016.
Please be reminded that under S.60D(2) of the Employment Act 1955, should the employee is absent without leave or reasonable excuse on the working day immediately preceding or immediately succeeding a public holiday, the employee forfeits entitlement to the holiday pay.
This means that the employee will not be paid for the day he/she is absent and for the public holiday.
Should you require any clarification please do not hesitate to leave us a message below. Thank you!