问: 公司在Wesak Day照常营业，没有补假，请问合法吗？
- 除了法定的5天公假，其余6天替代公假则由僱主决定。其余的6天是1951年假期法令所公布的公共假期 。
问: 如果员工在法定公共假期申请annual leave, 公司应该补假吗？（员工在事前并不晓得当天是公共假期，因为是政府临时宣布的）
- 在劳工法令60A（1B）中列明:当任何公共假期或补假期落在雇员的病假或年假, 或在工人赔偿法令, 或社会保险法令雇员受伤不能工作期间, 雇主必须另补一天以代替之。
Employment Act 1955
(1) 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;
(ii) the Birthday of the Yang di-Pertuan Agong;
(iii) the Birthday of the Ruler or the 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
(iv) the Workers’ Day; and
(v) Malaysia Day; and
(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369].
(1B) Where any of the public holidays or any other day substituted therefore as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen’s Compensation Act 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefore.
(a)Notwithstanding subsections (1), (1a) and (1b), any employee may be required by his employer to work on any paid holiday to which he is entitled under the said subsections and in such event he shall, in addition to the holiday pay he is entitled to for that day:
(i)in the case of an employee employed on a monthly, weekly, daily, hourly, or other similar rate of pay, be paid two days’ wages at the ordinary rate of pay; or
(ii)in the case of an employee employed on piece rates, be paid twice the ordinary rate per piece,
regardless that the period of work done on that day is less than the normal hours of work.
(aa)For any overtime work carried out by an employee referred to in subparagraph (a)(i) in excess of the normal hours of work on a paid public holiday, the employee shall be paid at a rate which is not less than three times his hourly rate of pay.
(aaa)For any overtime work carried out by an employee referred to in subparagraph (a)(ii) in excess of the normal hours of work on any paid holiday, the employee shall be paid not less than three times the ordinary rate per piece.
99A. General penalty
Any person who commits any offence under, or contravenes any provision of, this Act, or any regulations, order, or other subsidiary legislation whatsoever made thereunder, in respect of which no penalty is provided, shall be liable, on conviction, to a fine not exceeding ten thousand ringgit.
Holidays Act 1951
8. Minister may appoint special days to be observed as bank or public holidays
The Minister may, by notification in the Gazette or in such other manner as he thinks fit, appoint, in respect of West Malaysia, or the Federal Territory or, after consultation with the State Authority, in respect of a State, a day to be observed as a public holiday or a bank holiday in addition to, or in substitution for, any of the days mentioned in the Schedules and thereupon this Act shall, in West Malaysia, or in the Federal Territory, or in the State in respect of which a day is appointed to be observed as a holiday as aforesaid, be applicable to such day in the same manner as if the said day had been mentioned in the First Schedule or the Second Schedule, as the case may be.
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