Amran was looking forward to Hari Raya Aidilfitri. It was not only a religious celebration, but also one of the rare moments when he could spend uninterrupted time with his wife, children, and parents in his hometown. Like many Malaysians, he believed public holidays were sacred family time—a pause from the grind of daily work.

Yet, every year, his company called him back. Sometimes it was to settle urgent client issues, other times to handle backlog. “We need you in the office,” his manager would say. Amran felt torn: should he refuse and risk being labelled uncooperative, or should he sacrifice his family time yet again? More importantly, he wondered: Doesn’t the law protect employees on public holidays?

The Law

The Employment Act 1955 (Act 265, as amended 2022) lays down clear rules on public holidays and compensation.

1. Entitlement to Public Holidays

• Section 60D(1) provides that every employee is entitled to 11 paid public holidays in a calendar year.
• Five of these are compulsory nationwide:
  • National Day
  • Birthday of Yang di-Pertuan Agong
  • Birthday of Ruler or Governor (State holiday)
  • Workers’ Day (1 May)
  • Malaysia Day (16 September)
• The remaining six can be chosen by the employer, usually covering festive seasons or state-specific holidays.

2. Wages on Public Holidays

• Section 60D(2): Employees who do not work on a public holiday are entitled to their normal wages for that day.

3. Work on Public Holidays

• Section 60D(3): If an employee is required to work on a public holiday, they must be paid two days’ wages at the ordinary rate of pay in addition to their holiday pay.
• If the holiday falls on a rest day, the employee is entitled to another day off as a substitute.

4. Refusal to Work
The Act permits employers to require employees to work on public holidays if the business needs it, provided the correct compensation is paid. However, the law ensures that such work is not “free”—it must be rewarded at premium rates.

5. Collective Agreements or Contracts
In unionised environments or where company handbooks provide better benefits, employees may enjoy more than 11 holidays or higher rates. Section 7 of the Act ensures that more favourable terms in contracts override the statutory minimum.

Lessons

For Employees:

• Know your rights. You are entitled to 11 paid public holidays every year. If you are called back to work, you must be compensated with two additional days’ wages.
• Do not confuse overtime with holiday pay. Public holiday work is compensated separately and at a higher rate than normal overtime.
• Keep records. If you are frequently asked to work on holidays, maintain records of dates and pay slips. This ensures you can claim unpaid entitlements if necessary.
• Negotiate reasonably. While employers can require work on holidays, employees may request fair rostering systems so that the same staff are not always burdened.

For Employers:

• Compliance is non-negotiable. Requiring work on holidays without the proper double pay is a breach of the Employment Act. Employers risk complaints to the Jabatan Tenaga Kerja (JTK) and possible penalties.
• Plan ahead. Holiday staffing should be anticipated in workforce planning. If business demands are predictable (e.g., tourism, retail), schedule rotations so employees can still enjoy time off.
• Respect work-life balance. Even if the law allows holiday work, employers should not abuse it. A company’s reputation and employee morale are enhanced when family time is respected.
• Consider alternatives. Technology, flexible scheduling, and temporary hires may reduce the need to recall permanent staff on holidays.

For HR Practitioners:

• Educate managers. Many line managers are unaware of the compensation requirements. HR must ensure compliance across departments.
• Document policies. Employee handbooks should clearly state public holiday entitlements, pay rates, and rostering principles.
• Handle grievances fairly. If employees complain about excessive holiday work, investigate and address the issue promptly.

Conclusion

So, does public holiday mean family time? Legally, yes—employees are entitled to 11 days of paid holidays. But business realities mean employers can sometimes require staff to work. The critical point is that the law requires fair compensation: two additional days’ wages on top of holiday pay.

For employees like Amran, the lesson is to assert rights respectfully and ensure proper pay is received. For employers, the lesson is to manage holiday work with sensitivity and compliance. Public holidays are more than dates on a calendar—they are moments of cultural, religious, and family significance. A company that respects this not only abides by the law but also earns the loyalty of its workforce.

In short: Public holidays belong to employees, but when business requires sacrifice, the law demands that sacrifice be fairly rewarded.