突然発表された祝祭日の付与義務はあるのか?

  1. Home
  2. Knowledge Base
  3. 法令
  4. 雇用法1955 Q&A
  5. 突然発表された祝祭日の付与義務はあるのか?

質問

2019年7月30日が国王戴冠式の為に公休日に指定されたが、従業員に必ず与えなければならないのか?

※マレーシアにおいては、指定された5日を含む11日以上の公休日を与える事が定められているが、見方を変えれば、全ての公休日を与える必要が無いようにも解釈出来る。

回答

結論

突然発表された祝日は付与する必要あり。 ただし従業員の同意なしで、会社は振替休日を設ける事が可能。

詳細

雇用法60条Dに基づいて、従業員へ有給休暇として付与される、マレーシアの祝日は以下の3種類に分類する事が可能。

雇用法上、①〜③の付与義務が雇用主に課されている。

① 雇用法で指定された5日の祝祭日
② ①以外で雇用主が認める官報に掲載された祝祭日(最低6日)
③ 1951年休日・祝祭日法 8条に基づき、祝祭日と定められるあらゆ る日。( = 突然発表される特定年のみの祝祭日)

尚、祝祭日の振替に関して設ける場合、①〜③で規定が異なる為、運用に注意。

① = 振替休日不可
② = 従業員と同意の下、振替が可能
③ = 従業員からの同意無しで振替が可能

※ 就業規則、雇用契約書、および労働組合との労働協定 (CA) に明規定ある場合、暗示的な契約が認められる場合、雇用法の限りではない。

雇用法60条D 原文

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:
[Revised by Employment Act 2012 ]

(a) on eleven of the gazetted public holidays, five of which shall be-
[Revised by Employment Act 2012 ]

(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 [Revised by Employment Act 2012 ]

(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369]”; and Employment (Amendment) [Revised by Employment Act 2012 ]

Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on—

(i) a rest day; or
(ii) any other 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.”

(1A) The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining six gazetted public holidays provided for in paragraph (1) (a) in respect of which his employees shall be entitled to paid holidays under paragraph (1) (a) :

Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the said remaining six gazetted public holidays provided for in paragraph (1) (a) ;.

And provided further that the employer may grant the employee any other day as a paid public holiday in substitution for any of the public holidays referred to in paragraph (1) (b).
[Am. Act A1085]

(1B) Where any of the public holidays or any other day substituted therefor 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 thereof. [Am. Act A1085]

(2) Any employee who absents himself from work on the working day immediately preceding or immediately succeeding a public holiday or two or more consecutive public holidays or any day or days substituted therefor under this section without the prior consent of his employer shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence.

(2A) An employee on a monthly rate of pay shall be deemed to have received his holiday pay if he receives from his employer his monthly wages, without abatement (other than as provided under subsection (2) ) in respect of the holiday, for the month in which the holiday falls.

(3)
(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 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.

(b) An employee who works on a holiday shall be entitled to a travelling allowance for that day if payable to him under the terms of his agreement with his employer but such employee shall not be entitled under this subsection to receive an increased rate of any housing allowance or food allowance.

(4) For the purposes of this section if any such holiday falls on a half working day, the ordinary rate of pay payable shall be that of a full working day.

Was this article helpful?