Your Company Cancelled Post State Election’s Public Holiday? Here’s What The Law Says:

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Your Company Cancelled Post State Election’s Public Holiday? Here’s What The Law Says:

14-Aug-2023
By Ayunie

In the aftermath of state elections in Malaysia, the customary practice of declaring public holidays to commemorate significant events has once again come to the forefront. However, the delicate balance between celebrating democratic milestones and maintaining the smooth operation of private companies has sparked discussions, highlighting the flexibility permitted by the country's employment laws.


In various states across Malaysia, public holidays have been declared in the wake of recent state elections, allowing citizens to participate in festivities and reflect upon the democratic process that shapes their governance. While this gesture is well-received by many, it has raised questions regarding the challenges faced by private companies, particularly those operating in industries that necessitate continuous production and services.


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The legal framework in Malaysia provides a nuanced approach to addressing this issue. According to Section 8 of the Holidays Act 1951 and Section 60D (1) (b) of the Employment Act 1955, companies in certain industries have the leeway to exercise flexibility when it comes to adhering to sudden public holiday declarations made by the Federal Government of Malaysia or a state government, specifically with less than two days' prior notice.


The rationale behind this allowance is to prevent disruptions in industries that rely on consistent operations, such as manufacturing, production, and essential services. These industries are characterized by their need to ensure business continuity and prevent unwarranted interruptions. Therefore, employees in such companies are often required to report for duty as scheduled, unless explicitly informed otherwise by their employer.


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This approach aims to strike a balance between celebrating democratic milestones and preserving the economic stability of the country. While the public sector and certain private enterprises may observe the sudden public holiday declarations, industries with unique operational demands have the flexibility to manage their workforce in a way that aligns with their business requirements.


The recognition of the diverse needs of industries underscores the adaptability of Malaysia's employment laws. It acknowledges that not all businesses can halt operations without notice, as doing so might lead to economic repercussions and challenges in meeting consumer demands.



While the issue has sparked debates and discussions, it also highlights the importance of open communication between employers and employees. Companies that fall under the flexible category often inform their workforce in advance about their operational plans during such situations. This transparency helps employees to plan accordingly and minimizes confusion.


In essence, the flexibility embedded within the employment laws recognizes the dynamic nature of modern work and strives to accommodate the needs of both businesses and employees. It is a reminder that while celebrations are important, sustaining the economic engine of the country is equally vital.


What are your opinions on this? Comment below. 

state elections public holiday company law employment act


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