Can An Employer Choose Which Public Holidays To Observe?

Can An Employer Choose Which Public Holidays To Observe?

Public Holidays in Malaysia​

Section 60D(1) of the Employment Act only provides every employees to be entitled to 11 gazetted public holidays and any day appointed as a public holiday under section 8 of the Holidays Act 1951, there are 5 compulsory holidays and 6 elective holidays.​

The 5 compulsory holidays are:​

• National Day
• Malaysia Day​
• The Worker’s Day / Labour Day
• The Birthday of Yang-Di Pertuan Agong​
• Birthday of the Ruler of the State or the Yang di-Pertua Negeri or Federal Territory Day​

The above are compulsory.  They cannot be substituted for another day​

6 Elective Days

• The other 6 public holidays can be determined by the employer from the list of gazetted public holidays. ​
• These public holidays can be substituted for another day by agreement between employer and employee.  Employer must put up notice specifying the remaining 6 public holidays (EA Section 60D (1A)).​
• Where a public holiday that falls on the official rest day (either Friday or Sunday where applicable), the next working day shall be substituted as a public holiday. Further, if a public holiday falls on another public holiday the next working day should be substituted. ​

For more information, please log on to http://www.kabinet.gov.my/bkpp/pdf/hari_kelepasan_am/hka_2021.pdf​

Malaysia Public Holidays 2021

This list has now been updated to reflect the final official 2021 list released by the government.

Note: * Subject to change