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State Public Holidays

Potential Public Holiday Alert: Implications for Employers

The prospect of an additional public holiday is always a cause for excitement. The Government of Selangor state has hinted at the possibility of declaring a public holiday on 14 August 2023 (Monday) if the Selangor Government emerges victorious in the upcoming election. However, the application of this potential holiday is contingent upon various factors, including the policies and agreements in place within companies. This article explores the implications of this potential public holiday announcement and its relevance to employers in Selangor.


State Government’s Announcement and Its Impact

The Government of Selangor’s announcement of a potential public holiday on 14 August 2023 has sparked curiosity and anticipation among residents. The idea of an additional day off holds the promise of relaxation and an extended weekend. However, it’s important to note that the applicability of this public holiday announcement to the workforce depends on several factors, primarily guided by established policies, employment contracts, collective agreements, and the Employment Act 1955 (EA 1955).


Implications for Different Company Practices

The potential public holiday’s impact on companies varies based on their existing holiday practices:

  1. Minimum EA 1955 Observance (Not Applicable): If a company adheres only to the minimum of eleven (11) public holidays specified in the EA 1955, this announcement may not be relevant. Such companies typically don’t observe additional holidays beyond the mandated ones.
  2. Observance of Additional Public Holidays (Partial Applicability): Companies that observe more than the minimum public holidays but not all may need to review their policies. According to the announcement, unless a company decides to observe the newly declared public holiday, it might not be applicable. This highlights the importance of flexibility in policy and decision-making.
  3. Observance of All Public Holidays (Full Applicability): Companies that observe all public holidays, including the ones specified by the government and those declared under Section 9 of the Holidays Act 1951, will naturally include the newly proposed public holiday in their holiday schedule.



Navigating Company Policies and Agreements

Employers and employees alike should consult their respective company policies, employment contracts, and collective agreements. These documents detail the company’s approach to public holidays, working conditions, and leave entitlements. Employers should communicate transparently with their workforce regarding the potential public holiday, clarifying whether it will be observed based on the company’s policies.


Conclusion

The prospect of an additional public holiday in Selangor due to the state election outcome is an exciting development. However, its impact on workplaces depends on various factors, including the company’s public holiday practices and policies. This announcement underscores the importance of clear communication between employers and employees regarding the potential public holiday’s applicability.

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