Public Holiday in Sabah & Sarawak on Tuesday, 30th July 2019 in Conjunction with the Installation Ceremony of Seri Paduka Baginda Yang di-Pertuan Agong

With reference to last entry posted on 30^th June 2019 entitled: “30TH JULY 2019 DECLARED AS A PUBLIC HOLIDAY – INSTALLATION CEREMONY OF SERI PADUKA BAGINDA YANG DI-PERTUAN AGONG” with regard to the declaration of 30^th July 2019 as a Public Holiday under Section 8 of the Holidays Act 1951 in conjunction with Installation Ceremony of Duli Yang Maha Mulia Al Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah Ibni Sultan Hj. Ahmad Shah Al-Musta’in Billah as the 16^th Yang Di Pertuan Agung, it is stated under paragraph 4 of the Circular that:

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.

2. Employers are advised that 30^th July 2019 has also been declared as a public holiday in the states of Sabah and Sarawak by the respective state governments in conjunction with the Installation Ceremony of Seri Paduka Baginda Yang di-Pertuan Agong.

3. While Companies in Sabah and Sarawak have to observe Tuesday, 30^thJuly 2019 as a public holiday, they may substitute the said holiday with any other day in accordance with the provisos to Section 103(2) of the Sabah Labour Ordinance [CAP.67] and Section 104(2) of the Sarawak Labour Ordinance [CAP.76]. There is no requirement for the company to obtain consent of employees to make the substitution. The provisos to Section 103(2) of the Sabah Labour Ordinance and Section 104(2) of the Sarawak Labour Ordinance state 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 to in paragraph (b) of subsection (1).”

4. In the event that Tuesday, 30^th July 2019 is a rest day of the employees, the employer shall by virtue of the provisos to Section 103(1) of the Sabah Labour Ordinance and Section 104(1) of the Sarawak Labour Ordinance grant the employee a paid public holiday on the working day following immediately the rest day.

5. In the event that Tuesday, 30^th July 2019 is an off day of the employees, there is no statutory requirement to replace a public holiday that falls on an off-day.

6. Below is the copy of the Sabah Government Gazette No. 173 [No. JKM(S)100-6/4 Klt. 9(132)] dated 4^th July 2019 and a copy of the Sarawak Government Gazette No.59 [JKM/UPPAN/100-2/1/2 JLD 2(17)] dated 18^th July 2019 for your reference.