Poser whether May 10, 11 were public holidays
Published on: Monday, June 04, 2018
Kota Kinabalu: Some employers and many employees in Sabah are disappointed that no news came out of the recent Sabah Cabinet meeting on whether May 10 and 11 were declared as public holidays for Sabah.According to Federation of Sabah Industries (FSI) Life President Datuk Wong Khen Thau, "there are just too many public holidays in Malaysia."The month of May is exceptional if polling day May 9 declared as a public holiday is counted, plus another additional holidays declared by Pakatan Harapan as the poll victor as promised.ADVERTISEMENT
However, Malaysian Employers Federation (MEF) Executive Director Datuk Shamsuddin Bardan, in a circular to employers in Sabah, said that, "Members are advised that although Thursday May 10, 2018 and Friday May 11, 2018, were declared as public holidays under Section 8 of the Holidays Act 1951 by the Federal Government of Malaysia applicable to Peninsular Malaysia and Labuan, to-date the State Government of Sabah had not declared May 10 and 11, 2018 as public holidays for Sabah under the Public Holidays Ordinance of Sabah."He opined that, "As such, members in Sabah need not have to observe May 10 and 11, 2018 as public holidays.""Member companies in Sabah which have continued business operations on May 10 and 11, 2018 need not have to pay their employees any additional pay and also need not have to replace these two days with any other days in substitution."According to Shamsuddin, companies in Sabah which have allowed employees not to work on May 10 and 11, 2018, are advised to instruct employees to take annual leave or unpaid leave for those without any annual leave balance; or, work for two days on dates to be determined by their company as replacement for May 10 and 11, 2018; or, treat the two days as special paid leave of the company.ADVERTISEMENT
Meanwhile, Sabah Employers Association (a member of MEF) President Yap Cheen Boon in a circular to employers said that, "After much persistent effort on our part to seek confirmation, the Sabah State Secretary's Office has verbally advised that May 10 and 11, 2018 are not public holidays for Sabah, as such no official gazette to date has been published."According to Yap, for employers who have allowed staff the said two days off following the post-GE14 announcement by the Federal Government, it is up to their discretion to treat the off days as holidays with applicable compensation and leave, or just like usual, extra days off.
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Yap said as for employers who have continued business on the two said days, "it is at your discretion to accord extra holiday payment, or not; and treat as per normal business days."The Sabah Government owes a duty of public interest to clarify this matter and their stance by end May. It may be an oversight out of inexperience of running a state government, and not being given the appropriate advice by the civil service.Yap opined, "It should be noted however that the new State Government can gazette the public holidays retrospectively. As such all are advised to comply with the necessary legal arrangements such as calculating overtime, holiday pay etc."Looking back on May 9, due to delay in announcing the GE14 results and after Tun Dr Mahathir declared victory, the MEF at 3:30 in the morning of May 10, issued a circular to its members: "Members are advised that Tun Dr. Mahathir Mohamad as the Prime Minister designate at a media conference at about 2:50 am, May 10, 2018 had directed the Chief Secretary to the Government to declare Thursday May 10 and Friday May 11, 2018 as public holidays under Section 8 of the Holidays Act 1951. By virtue of Section 60D(1)(b) of the Employment Act 1955, these days shall be observed as paid holidays."In retrospection, many bosses in Sabah said they feared offending Tun Dr Mahathir (for reasons best known to them) if they did not allow their workers off on May 10 and 11, 2018.The bosses also noted that the MEF circular also mentioned that, "The State Governments of Sabah and Sarawak were also directed to declare Thursday May 10 and Friday May 11, 2018 as public holidays under the Public Holidays Ordinance of the respective state. By virtue of Section 103(1)(b) of the Sabah Labour Ordinance (CAP.67) and Section 104(1)(b) of the Sarawak Labour Ordinance (CAP.76) which contain similar provisions as Section 60D(1)(b) of the Employment Act 1955, these days must be observed as paid holidays."Stay up-to-date by following Daily Express’s Telegram channel.
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