Public Holiday – JDT wins FA Cup

Dear readers,

The State Government of Johor announced 15th May 2016 as a public holiday for Johor to celebrate JDT’s victory in the FA Cup.

IS IT A COMPULSORY HOLIDAY?

Through this announcement, employers in Johor who observe only specific public holidays in a year and NOT ALL public holidays will not be obliged to observe 15th May 2016 as a public holiday.

However, for employers who in their handbook/policies have stated that they observe ALL public holidays in a year will have to observe 15th May 2016 as an additional public holiday. If that is the case, then:

For employees who are scheduled to work on Sunday, 15th May 2016, the following 2 options may be applicable:

  1. Declare 15th May 2016 as a public holiday; or
  2. Treat 15th May 2016 as a normal working day and replace the holiday to another day. S60D(1A) of the Employment Act 1955 provides for this right to replace.

For employees who are on their rest day on Sunday 15th May 2016, the Employment Act 1955 provides that the working day immediately after a public holiday shall be recognised as the substituted public holiday. This will mean that Monday 16th May 2016 will be the paid holiday in substitution for Sunday. In that case, the following 2 options may be applicable:

  1. Declare Monday 16th May 2016 as a public holiday; or
  2. Treat Monday 16th May 2016 as a normal working day and replace the holiday to another day. S60D(1A) of the Employment Act 1955 provides for this right to replace.

By virtue of s60D(2) of the Employment Act 1955, if the employee is absent without leave or without reasonable excuse either today or the next working day after tomorrow, he forfeits his entitlement to the holiday pay which means he will not be paid for the day he is absent and for tomorrow.

Receiving updates as per the above is one of the many benefits of joining MECA as a member. Please contact me at 07-2357208 / 012-6536262 or at victor@meca.com.my to find out more.