(1)雇主必须每星期给以雇员一整天的休息日，而休息日可由雇主时不时将之决定，若雇主给以每星期的休息日多过一天, 就此章而言, 最后一天才是休息日。
*但此条款不适用于雇员在第37条下享产假期间, 或在第60F病假条文下, 或在1952年工人赔偿法令下, 或1969年雇员社会保险法令下暂时无工作能力的病假期间。
(1A)尽管第(1)条款和第2(1)条款之"日"另有定义, 就轮班工作而言, 一段连续的30小时之时间才算是一天休息日。
(1B)尽管第(1)条款另有规定, 总监在经过雇主书面申请后, 可以准许雇主在一个月中任何日子作为每周的休息日，就本条文而言, 该日即视为雇员的休息日，不过, 总监有权定下任何他认为适当的条件。
(2)雇主必须在每月开始时, 准备一份值勤表通知雇员所定的休息日，如果所有雇员的休息日都定在同一天, 雇主可以在受雇地点的显眼地方张贴告示通知雇员所定的休息日。
(1)除了第60A(2)条另有规定外, 雇员不可被强迫在休息日工作, 除非该工作必须持续或需要两个或更多斑次来进行。
不过, 对任何工作是否必须持续或需要两个或更多斑次来进行的争议, 总监有权为此作出决定。
(i)不超过正常工作时间一半者, 以一天平日工资率计算; 或
(ii)超过正常工作时间一半者, 以一天平日工资率计算; 或
(b) 在用于第十二章有关轮班雇员, 或一些工作的正常工作时间会超过午夜者, 就是由任何一个出发点算起, 连续不断的二十四小时;
(f)何工业事业对马来西亚经济重要的工作. 或1967年工业关系法令例为重要服务(Essential Services)的工作;
EMPLOYMENT ACT 1955
Section 59. Rest day
(1) Every employee shall be allowed in each week a rest day of one whole day as may be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week the last of such rest days shall be the rest day for the purposes of this Part:
*Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 37, or on sick leave as provided under section 60F, or during the period of temporary disablement under the Workmen’s Compensation Act 1952, or under the Employees’ Social Security Act 1969.
(1A) Notwithstanding subsection (1) and the interpretation of the expression ―day‖ in subsection 2(1), in the case of an employee engaged in shift work any continuous period of not less than thirty hours shall constitute a rest day.
(1B) Notwithstanding subsection (1), the Director General, on a written application by an employer and subject to any conditions he may deem fit to impose, may permit the employer to grant the rest day for each week on any day of the month in which the rest days fall and the day so granted shall be deemed to be the employee’s rest day for the purposes of this section.
(2) The employer shall prepare a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein, and where the same day in each week has been appointed as the rest day for all employees in the place of employment, the employer may, in lieu of preparing a roster, display a notice at a conspicuous place in the place of employment informing the employee of the fixed rest day so appointed.
(3) Every such roster and every particular recorded therein shall be preserved and shall be made available for inspection for a period not exceeding six years from the last day of the month in respect of which the roster was prepared or cause to be prepared.
(4) Any employer who contravenes any of the provisions of this section commits an offence.
Section 60. Work on rest day
(1) Except as provided in subsection 60A(2), no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts:
*Provided that in the event of any dispute the Director General shall have power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts.
(3) (a) In the case of an employee employed on a daily, hourly or other similar rate of pay who works on a rest day, he shall be paid for any period of work—
(i) which does not exceed half his normal hours of work, one day’s wages at the ordinary rate of pay; or
(ii) which is more than half but does not exceed his normal hours of work, two days’ wages at the ordinary rate of pay.
(b) In the case of an employee employed on a monthly or weekly rate of pay who works on a rest day, he shall be paid for any period of work—
(i) which does not exceed half his normal hours of work, wages equivalent to half the ordinary rate of pay for work done on that day; or
(ii) which is more than half but which does not exceed his normal hours of work, one day’s wages at the ordinary rate of pay for work done on that day.
(c) For any work carried out in excess of the normal hours of work on a rest day by an employee mentioned in paragraph (a) or (b), he shall be paid at a rate which is not less than two times his hourly rate of pay.
(d) In the case of an employee employed on piece rates who works on a rest day, he shall be paid twice his ordinary rate per piece.
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