Ketua Setiausaha Negara Malaysia Dr. Ismail Bin Hj. Bakar announced that the Government has declared 30th July 2019 as a public holiday under Section 8 of the Holidays Act 1951 in conjunction with the installation ceremony of Duli Yang Maha Mulia Sultan Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah Ibni Sultan Hj. Ahmad Shah Al-Musta’in Billah as the 16th Yang di-Pertuan Agong.
2) Under the provisions of Section 60D(1)(b) of the Employment Act 1955, any Public Holiday declared under Section 8 of the Holidays Act 1951 must be observed as paid holiday. Section 60D(1) provides as follows:
“Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year;
(a) On eleven of the gazetted public holidays, five of which shall be –
(i) the national day or
(ii) the birthday of the Yang di-Pertuan Agong:
(iii) the birthday of the Ruler or Yang di-pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory;
(iv) the Worker’s Day and
(v) Malaysia Day (b) On any day declared as a public holiday under Section 8 of the Holidays Act 1951″
3) While Companies have to observe 30th July 2019 (Tuesday) as a public holiday, they may substitute the said holiday with any other day in accordance with the proviso to Section 60D(1A). There is no requirement for the company to obtain consent of employees to make the substitution. The proviso to Section 60D(1A) of the Employment Act 1955 states as follows:
“And provided further that the employer may grant the employee any other day as a paid holiday in substitution for any of the public holidays referred in subsection (1)(b).”
4) The above declaration under Section 8 of Holidays Act 1951 applies only to Peninsular Malaysia and Federal Territory of Labuan. Meanwhile, as regards Sabah and Sarawak appropriate action will be taken by the respective state governments. Please be informed that Section 103(1)(b) of the Sabah Labour Ordinance [CAP.67] and Section 104(1)(b) of the Sarawak Labour Ordinance [CAP.76] contain similar provision as Section 60D(1)(b) of the Employment Act 1955.
5) Section 60D (1) of the Employment Act 1955 states as follows:
“Every employee shall be entitled to a paid public holiday at his ordinary rate of pay on the following days in any one calendar year:
(a) on eleven of the gazetted public holidays ……; and
(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951.”
“Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on –
(a) a rest day; or
(b) any public holiday referred to in paragraphs (a) and (b), the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first mentioned public holiday.”
6) As 30th July 2019 (Tuesday) is also a public holiday in the state of Pahang in conjunction with the birthday of the Sultan of Pahang, 31st July 2019 (Wednesday) shall be a public holiday in substitution in the state of Pahang by virtue of the proviso to Section 60D(1) of the Employment Act 1955.
