Public Holidays - Hari Raya Puasa & National Day 2011

1. Please be informed that the Government has declared the following day as a public holiday under the provisions of Section 8 of the Holidays Act 1951 vide Gazette Notification P.U.(B) 261 and P.U.(B) 262 dated 4 May 2011:

a) 1st September 2011, if Hari Raya Puasa falls on 30 August 2011; or
b) 2nd September 2011, if Hari Raya Puasa falls on 31 August 2011.

2. Under the provisions of Section 60D(1)(b) of the Employment Act 1955, any holiday declared under Section 8 of the Holidays Act 1951 must be observed as a paid public holiday.

Section 60D(1) 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 ten of the gazetted public holidays …….
b) on any day declared as a public holiday under section 8 of Holidays Act 1951.”

3. By virtue of 1st September 2011 (Thursday) or 2nd September 2011 (Friday) being declared as a public holiday, all employers, including those who have not been observing Hari Raya
Puasa as a paid holiday, are required to observe 1st September 2011 or 2nd September 2011 as a paid public holiday based on the situations as stated in paragraph 1 above.

4. Companies may substitute 1st September 2011 (Thursday) or 2nd September 2011 (Friday) with another day in accordance with the proviso to Section 60D (1A) of the Employment
Act 1955 which states as follows:

“And provided further that the employer may grant the employee any other day as a paid public holiday in substitution of any of the public holidays referred to in
subsection (1)(b).“

Thus there is no requirement for the company to obtain consent of employees to substitute 1st September 2011 (Thursday) or 2nd September 2011 (Friday), whichever is the case,
with another day.

5. In the event that the public holiday on 1st September 2011 (Thursday) or 2nd September 2011 (Friday), as the case may be, is a rest day for the company, the following working day
shall be a paid public holiday in substitution of that public holiday.