Employment Act 1955: Working on Christmas in Malaysia
by Austin
Nov 29, 2023
at 5:41 PM
The festive season of Christmas is a significant event in Malaysia's diverse society, where people come together to celebrate with their loved ones. However, for a considerable portion of the workforce, the holiday rush brings with it the obligation to work on Christmas despite it being a public holiday in Malaysia. Therefore, observing the legal protections and regulations governing working during Christmas in Malaysia is imperative. Understanding these Employment Act 155 can help ensure everyone is treated fairly while enjoying the festive spirit.
The Employment Act 1955 is the foundation of labor rights in Malaysia, outlining the rights and obligations of employers and employees. It covers various aspects of employment, such as working hours, overtime, and public holidays.
Christmas as a Public Holiday
Christmas Day is recognized as a public holiday in Malaysia under the Holidays Act 1951. Public holidays are days when employees are not obliged to work and are entitled to paid leave.
Every employee is entitled to 11 paid holidays per year at their ordinary rate of pay on the following days: 5 of these holidays shall be:
The National Day;
The Birthday of the Yang di-Pertuan Agong (1st Monday of June);
The Birthday of the Ruler of the Yang di-Pertua Negeri – August 24
Labour Day – May 1; and
Malaysia Day – September 16.
The employer can select six gazetted public holidays from a list of 8 to make up 11 days. These chosen days must be communicated effectively to the employees through notice or stated in the employment contract.
The Employment Act mandates that employees may work eight hours on a public holiday. Employers may require overtime on Christmas Day if certain conditions are met.
The overtime work is necessary to prevent or minimize serious loss or damage to property, life, or health.
The Essential Services Act 1960 permits overtime work for urgent public service or essential industry.
Employees who are required to work on Christmas Day must be compensated at 200% of their ordinary pay rate for the overtime hours.
Overtime work conducted more than the regular working hours on Christmas Day is subject to a higher premium of 300% of the hourly pay rate.
Travelling Allowance
Employees required to work on Christmas Day are entitled to a travel allowance per their contract.
Annual Leave Entitlement
The Employment Act confers upon employees an entitlement to annual leave, which is commensurate with their length of service. The duration of the annual leave allowance increases with the number of years served. Employees who do not complete a full year of service are entitled to a pro-rated annual leave allowance.
Although working during Christmas may not be everyone's preference, adhering to the labour regulations outlined in the Employment Act is crucial. Employers must ensure that employees are appropriately compensated for their overtime work and given adequate rest periods. On the other hand, employees have the right to refuse overtime work if it is not reasonable or poses a risk to their health or safety.
Remember, the spirit of Christmas can still be shared and cherished even amid the hustle and bustle of work. Appreciate the opportunity to contribute to the festive season while maintaining balance and prioritizing your well-being.
