【HR NEWSLETTER -October 2019】

Public Holidays for Kelantan on the Demise of Duli Yang Maha Mulia Sultan Ismail Petra Ibni Almarhum Sultan Yahya Petra

  1. The Deputy State Secretary (Management) of Kelantan YB Dato’ Haji Tengku Azmil Bin Tengku Jaafar, on behalf of the State Secretary of Kelantan, announced that Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 have been declared by the State Government of Kelantan as public holidays for the State of Kelantan on the demise of Sultan Ismail Petra Ibni Almarhum Sultan Yahya Petra, the father of DYMM Sultan Muhammad V of Kelantan.
  2. Member companies in Kelantan with collective agreements or terms and conditions of employment which provide for a paid public holiday on all public holidays as declared/gazetted by the Federal or State Government will have to observe Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 as paid holidays. Such members who need to operate on Saturday, 28th September 2019, 29th September 2019 and Monday, 30th September 2019 may either substitute, with agreement of the employee, these public holidays with another days(s) as paid public holidays or pay the employees who works on Saturday, 28th September 2019, 29th September 2019 and Monday, 30th September 2019 the specified rate for work on public holidays as provided under the collective agreements or terms and conditions of employment.
  3. Member companies which by virtue of the collective agreements or terms and conditions of employment do not observe all the public holidays as declared/gazetted by the Federal or State Government but observe only specified number of public holidays are not legally obliged to observe Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 as paid holidays.
  4. If Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 is a weekly rest day of an employee, the following working day shall be a paid holiday for the employee. If Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 is an off day of the employee, there is no need for replacement for the holiday. In the event that the employee is required to work on his off day on Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019, he/she shall be paid the specified rate for work on a public holiday as provided under the collective agreements or terms and conditions of employment.
  5. Please be advised that the said public holidays on Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 as declared by the State Government of Kelantan are not within the ambit of Section 60D(1)(b) of the Employment Act 1955 as it is not declared under Section 8 of the Holidays Act 1951. Therefore there is no legal requirement to observe the holidays declared by the State Government except in situations as explained in paragraph 2 above. However, as a mark of respect for the demise of Sultan Ismail Petra Ibni Almarhum Sultan Yahya Petra, all companies in Kelantan are advised to observe Saturday, 28th September 2019, Sunday, 29th September 2019 and Monday, 30th September 2019 as paid holidays.

For further inquiries kindly visit LHDN website www.hasil.gov.my  or contact Hasil Care Line LHDNM at 1-800-88-5436 or 603-77136666 (Overseas).

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