How many public holidays must employers provide under Act 265?

Question

Accepted Answer

Act 265 Mandates 11 Paid Public Holidays for Eligible Private Sector Employees

Under the Employment Act 1955 (Act 265), private sector employers are required to provide a minimum of 11 paid public holidays annually to eligible employees. This provision specifically applies to employees earning RM2,000 and below, and does not extend to civil servants or other employee categories not covered by the Act's First Schedule.
Mandatory Public Holidays Include Federal Territory Day

Of the total 11 days, five specific days are mandated. For employers whose operations are based in the Federal Territories of Kuala Lumpur, Putrajaya, and Labuan, these five days must include Federal Territory Day. This ensures a consistent recognition of this specific public holiday for employees in these regions.
Employers Select Remaining Public Holidays

The remaining six days from the total of 11 are determined by the employer. These selections must be made from the list of public holidays outlined in Section 3 of the Holidays Act 1951. This grants employers some flexibility in choosing holidays that may be more relevant to their workforce or business operations, while still adhering to the statutory minimum.
Specific Provisions for Overlapping Holidays

The Act also addresses situations where public holidays coincide with other holidays. For instance, if a chosen public holiday falls on the same day as Federal Territory Day, and an employer has designated Chinese New Year as one of their company’s public holidays, then the following day, February 3rd, must be provided as a paid public holiday for employees in Kuala Lumpur, Putrajaya, and Labuan. This clause ensures that employees receive the full benefit of their entitled paid holidays.

Reading history

Hide →

This history is cleared when the page is closed.

How many public holidays must employers provide under Act 265?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends