1955年劳工法令
第60D条文(假期)
(1)每位雇员每年有权获得以平日工资率计算的有薪假期如下:
(a)宪报公布的十一天公共假期, 当中五天必须是:
(i)国庆日。
(ii)元首诞辰。
(iii)州统制者或州元首诞辰，或管辖区日。
(iv)劳动节。
(v)马来西亚纪念日。
(b)1951年假期法令第八条宣布的公共假期:
*但如果(a)和(b)款所指的假期落在：
(i)休息日; 或
(ii)任何(a)和(b)中提的其它公共假期，
*那么休息日或其它公共假期后的下一个工作日视为补假。
(1A)在历年开始前, 雇主必须在一个显目的地方, 展示通告写明第(1)(a)款雇员的其余六天公共假期。
*不过, 经雇主和雇员同意，可以用其它日期来代替在(1)(a)款所规定的其余六天公共假期;
*还有, 雇主可以用其它日期来代替在第(1)(b)款所提述的公共假期。
(1B)当任何公共假期或补假期落在雇员的病假或年假, 或在工人赔偿法令下, 或社会保险法令下雇员受伤暂时无工作能力期间, 雇主必须另补一天有薪假期以替代。
(2)如果在未经雇主事先同意，雇员在公共假期或补假前一天或后一天缺勤, 他将无权享有此公共假期, 除非他有充足理由。
(2A)凡月薪雇员该月工资没有被减少(除了第(2)款之外), 此雇员视为已收到了假期工资。
(3)(a)尽管(1),(1A)和(1B)另有规定, 雇主可以要求雇员在公共假期工作, 雇员除了有权享有当天的假期工资外, 也可以得到:
(i)两天以平日的工资率, 若雇员工资是以每月，每周，每日, 每小时或其他同样工资计算。
(ii)每件两倍平常的工资率，如果雇员工作以件计算。
*无论当天完成的工作时间是否少于正常工作时间。
(aa)对于第(a)(i)款，雇员在公共假期做超时工作, 雇主必须付给不少过他的每小时工资率的三倍。
(aaa)对于第(a)(ii)款，件工雇员在公共假期做超时工作, 雇主必须付给不少过他的每件工资率的三倍。
(b)雇员在假期工作有权享有旅行津贴, 如果雇员和雇主有此合同。但是雇员无权享有加倍的房屋津贴或膳食津贴。
(4)就本条文而言，如果假期落在半天工作日, 平日工资率则应照整天的来算。
以上中文翻译版仅限参考用途，若中英文版本出现差异，应以英文版本为标准。
EMPLOYMENT ACT 1955
Section 60D. Holidays
(1) Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year:
(a) on eleven of the gazetted public holidays, five of which shall be—
(i) the National Day;
(ii) the Birthday of the Yang di-Pertuan Agong;
(iii) the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory;
(iv) the Workers’ Day; and
(v) Malaysia Day; and
(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951
*Provided that if any of the public holidays referred to in paragraphs (a) and (b) falls on—
(i) a rest day; or
(ii) any other public holiday referred to in paragraphs (a) and (b),
*the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first mentioned public holiday.
(1A) The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining six gazetted public holidays provided for in paragraph (1)(a) in respect of which his employees shall be entitled to paid holidays under paragraph (1)(a):
*Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the remaining six gazetted public holidays provided for in paragraph (1)(a):
*And provided further that the employer may grant the employee any other day as a paid public holiday in substitution for any of the public holidays referred to in paragraph (1)(b).
(1B) Where any of the public holidays or any other day substituted therefore as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen’s Compensation Act 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefore.
(2) Any employee who absents himself from work on the working day immediately preceding or immediately succeeding a public holiday or two or more consecutive public holidays or any day or days substituted therefore under this section without the prior consent of his employer shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence.
(2A) An employee on a monthly rate of pay shall be deemed to have received his holiday pay if he receives from his employer his monthly wages, without abatement (other than as provided under subsection (2)) in respect of the holiday, for the month in which the holiday falls.
(3) (a) Notwithstanding subsections (1), (1A) and (1B), any employee may be required by his employer to work on any paid holiday to which he is entitled under the said subsections and in such event he shall, in addition to the holiday pay he is entitled to for that day—
(i) in the case of an employee employed on a monthly, weekly, daily, hourly, or other similar rate of pay, be paid two days’ wages at the ordinary rate of pay; or
(ii) in the case of an employee employed on piece rates, be paid twice the ordinary rate per piece,
*regardless that the period of work done on that day is less than the normal hours of work.
(aa) For any overtime work carried out by an employee referred to in subparagraph (a)(i) in excess of the normal hours of work on a paid public holiday, the employee shall be paid at a rate which is not less than three times his hourly rate of pay.
(aaa) For any overtime work carried out by an employee referred to in subparagraph (a)(ii) in excess of the normal hours of work on any paid holiday, the employee shall be paid not less than three times the ordinary rate per piece.
(b) An employee who works on a holiday shall be entitled to a travelling allowance for that day if payable to him under the terms of his agreement with his employer but such employee shall not be entitled under this subsection to receive an increased rate of any housing allowance or food allowance.
(4) For the purposes of this section if any such holiday falls on a half working day, the ordinary rate of pay payable shall be that of a full working day.
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