Gazetted Public Holidays

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asked on Jan 22, 2005 at 18:19
by   cheated
Dear Puan Ira,

I am from retail IT line and we work 6 days a week and have an off day (on weekdays). My query goes like this;
1) does the employer has the right to over rule a gazetted Public Holiday (ie: Hari Raya Haji) and say that it is not applicable for retail employees;
2) is there a difference between an employee an retail line employee;
3) by informing us that the gazetted Public Holiday is not applicable to us, does the employer have to pay us extra if we work on that day

Please advise.
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1 Answers

answered on Jan 25, 2005 at 11:15
by   Subash
DO you earn RM 1500 or less? If so, then you are an Employee covered by the employment act. According to the employment act, every employee is entitled to 10 public holidays, 4 of which must be (Agongs Birthday, Merdeka Day, Sutans Birthday & Labour day) the other 6 is at the discretion of the employer. Your employer cannot state that any of the 4 days are not applicable to you, but in the case of the Hari Raya Haji, I suppose he can. If you earn more than RM 1500, it should state in your contract.

2. Do you have a contract of service? Do you have a fixed salary or a commission based salary only? I take it that you are not an outside contractor of sales who only makes commision from any sales deal that you close, because your employer has required you to work on a public holiday. If so, then there is no difference.

3. No. If the employer does not recognize the day as a public holiday, he should not need to pay you extra for it.
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