Public Holiday Malaysia 2024

How many Malaysia Public Holiday 2024 are there?

Recently, employers in Malaysia have expressed concern over the manner of announcing spontaneous public holidays Malaysia on short notice. All these public holidays are listed in the First Schedule of the Holidays Act. The following are the ten specific public holidays stated in the schedule:

• Chinese New Year (2 days)
• Wesak Day
• Hari Raya Aidilfitri (2 days)
• Merdeka Day
• Hari Raya Haji
• Agong’s Birthday
• Malaysia Day
• Deepavali
• Prophet Muhammad’s Birthday
• Christmas Day

However, it should be noted that in Kelantan and Terengganu, Chinese New Year is only a one-day celebration as compared to all the other states where it takes up to two days. However, in Kelantan and Terengganu, Hari Raya Haji goes on for two days, while in most of the other states, it lasts for a single day.

State Holidays and National Holidays

Public holidays in Malaysia can be classified as the state or national ones. The above-listed official holidays are usually observed not only by the governmental structures but also by most commercial organizations.

While Malaysian states also observe state holidays as per section 9(1) of the Holiday’s Act, depending on their significance to the respective state.

Take for instance, Kuala Lumpur, the capital city of Malaysia and two other federal territories namely Putrajaya and Labuan celebrate together during the yearly Federal Territory Day held on February 1st. In addition, this celebration is required by Section 9(2) of The Holidays Act.

11 Days to be Observed. (Five days compulsory and six days elective)

What are the 11 gazetted public holidays in Malaysia

The statutory public holidays that every employee is entitled to as provided for by Section 1 of the Holiday act (Section 8 of the Act and section 60D of the Employment Act) include the 11 gazetted ones and any day specified as a public holiday.

Employers are not required to observe state level holidays. If employers do not declare such state level holidays as paid holiday; hence, the employees must work as usual for the days.

However, there are several exceptions like Federal Territory Day that should be strictly observed within federal territories (KL, Putrajaya and Labuan). In other states, the Ruler’s Birthday, also known as the Yang di-Pertua Negeri, should be commemorated.

Section 60D requires the employer to give a list of 11 gazetted public holidays to which employees are entitled before the start of each calendar year, 5 of which must be:

1. National Day
2. Yang Di Pertuan Agong’s birthday
3. The Birthday of the Ruler or The Yang-di Pertua Negeri or Federal Territory Day
4. The Labour’s Day
5. Malaysia Day

The remaining 6 days will be chosen by the employers to make it 11 days.

This provision empowers employers to designate whether employees should work on specific occasions such as Chinese New Year, Hari Aidilfitri, or Deepavali. It is important to highlight that employers are required to specify the 11 officially designated public holidays.

The Minister has the discretion to declare additional public holiday Malaysia

The Minister has the mandate of coming up with additional public holidays, as per Section 8 of the Holidays Act. The provision empowers the Minister to declare any day a Public Holiday in the Peninsular, Federal Territories, or certain States following consultation.

Surprise public holidays declared by the Malaysian government in 2021-2023:

• April 21, 2023: Hari Raya Aidilfitri
• November 28, 2022: Formation of unity government and appointment of Malaysia’s 10th Prime Minister
• December 3, 2021: KL team winning Malaysia Cup ( Wilayah Persekutuan only)

However, it’s important to mention that the Employment Act is applicable only to Peninsular Malaysia and West Malaysia whereas labour legislation in Sabah and in Sarawak prevails separately.

Is it within legal bounds for an employer to mandate that employees work on an officially declared public holiday Malaysia?

Section 60 Employment Act

In accordance with Section 60 of the Employment Act, an employer can request an employee to work on a paid holiday, and the ordinary rate of pay on public holiday Malaysia should be at least twice the ordinary rate of pay on working days. Public holiday Malaysia overtime pay rate shall never fall below 3X the rate of pay during working days.

Section 60D(3)(b) Employment Act

According to section 60D(3)(b) of the Employment Act 1955, where in working on a holiday, the employee is in law due for a travel allowance under his/her terms of employment contract, he/she should be paid for the travel allowance. Nevertheless, the employee is supposed to be allowed an increase in the rate on any housing or food allowance under this subsection.

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If the employer declines to grant the employee leave, they could face repercussions or penalties.

Malaysia’s Employment Act of 1955 requires employers to give employees leave off for all public holidays. Failure on their part to give leave attracts hefty fines amounting to about RM10,000 and/or six months imprisonment. Furthermore, employers could face other consequences such as drop in employee morale, loss of productivity, increased employee turnover and negative image as an employer.

Replacement Day

Some businesses may be planning this depending on the holiday. According to Section 60D (1 A) of the Employment Act, the employer can substitute any given holiday with any other day of his choosing as per Section 60 D (1 A).

List of Public Holiday 2024 Malaysia

Conclusion

There are 11 paid public holidays and employers usually select 6 out of 11 public holiday Malaysia but ministers can declare additional special holidays from time to time.

On the contrary, employers are free to choose a different day to observe holidays which they may not be able to do on short notice. Where employers force the employees to serve on this minister’s announced holidays, they will have to be paid according to the public holiday rate.

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