FAQ

PUBLIC HOLIDAY
Prepared by
Arulkumar Singaraveloo
Malaysia HR Forum
Image taken from https://blog.wego.com/wegos-2019-calendar-public-holidays-malaysia/
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▪ This sharing by Malaysia HR Forum is for educational and informational purposes only.
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guarantee that there are no mistakes or errors. All information is of a general nature and does
not address the specific circumstances of any particular individual or entity.
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the Legal & Enforcement Division of the Labour Department Headquarters (JTKSM).
 General Info & References
This compilation is for public holiday observation in Peninsular Malaysia and the Federal Territory of Labuan

References
1. Employment Act 1955
https://www.facebook.com/groups/MalaysiaHRForum/permalink/882675169048053/

2. Holidays Act 1951

https://www.facebook.com/groups/MalaysiaHRForum/permalink/1132991657349735/

3. Election Offences Act 1954

https://www.facebook.com/groups/MalaysiaHRForum/permalink/1112674652714769/

4. Sample Memo to Employees on Voting Time Off/Leave

https://www.facebook.com/groups/MalaysiaHRForum/permalink/1117559288892972/

5. Other similar discussions

https://www.facebook.com/groups/MalaysiaHRForum/permalink/1131930480789186/
https://www.facebook.com/groups/MalaysiaHRForum/permalink/1131981470784087/
https://www.facebook.com/groups/MalaysiaHRForum/permalink/906941283288108/
https://www.facebook.com/groups/MalaysiaHRForum/permalink/913994295916140/
https://www.facebook.com/groups/MalaysiaHRForum/permalink/914163025899267/ 4
 Employment Act 1955

Section 60D
Holidays
(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 Federal Territory;
(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]:
 Holidays Act 1951

Section 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
Peninsular 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 Peninsular 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.
 Holidays Act 1951

Section 9
State and Federal Territory public holidays
(1) The State Authority may, by notification in the Gazette or in such other manner as it thinks fit, appoint a day to be
observed as a State public holiday in any such State, and such day shall, except as hereinafter provided, be observed
in such State as a public holiday.
(2) The Minister may, by notification in the Gazette, or in such other manner as he thinks fit, appoint a day to be
observed as a Federal Territory public holiday in the Federal Territory, and such day shall, except as hereinafter
provided, be observed in the Federal Territory as a public holiday.
 What should company observe?

▪ the National Day;

Compulsory to be ▪ the Birthday of the Yang di-Pertuan Agong;
observed as per
▪ the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in
Section 60D of
which the employee wholly or mainly works under his contract of service, or the Federal
Employment Act
Territory Day, if the employee wholly or mainly works in the Federal Territory;
1955
▪ the Workers’ Day; and
(minimum 11 days) ▪ Malaysia Day; and
▪ Any other six (6) public holidays chosen by the company (it can be national or state holiday)

Companies may choose to observe additional public holidays or all public holidays. Typically this is spelled out in the
Company Policy/Employee Handbook, Employment Contract and/or Collective Agreements.
 Holidays declared under section 8 and section 9

Holiday declared under section 8 Holiday declared under section 9

Declared by Federal Government State Government

Subject to conditions specified in Company Policy/Employee

Handbook, Employment Contract and/or Collective Agreements.

▪ If the company only observes the minimum eleven (11) days

specified in EA 1955, this is not applicable.

Compulsory to ▪ If the company observes the minimum of eleven (11) days

Yes
be observed? specified in EA 1955 plus a few additional public holidays but not
all, then any holiday declared shall not be applicable unless the
company decides to observe.

▪ If the company observes all public holidays, then any public

holidays declared under section 9 shall be observed.
Which option does your company observe?
1
Does not observe
Acceptable legally? Yes
additional public
holidays
0
2
11 days as per
Section 60D of the
+ Observes additional
public holidays but not Acceptable legally? Yes
Employment Act 1955 all

Compulsory for all Companies +

(for employees within the scope
3
of Employment Act 1955)
Observes all public
Acceptable legally? Yes
holidays
Should the company observe any public holiday declared under section 8 or section 9?

Holiday declared Holiday declared under

under Section 8 Section 9

1 Yes No

No
2 Yes (This may also depend on how
the company policy is worded)

Yes
3 Yes (This may also depend on how
the company policy is worded)
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