Question

Dear HR Professionals,

We have two senior staff based in Malaysia and they asked if they can have a day of leave credited back to their leave record as they have worked during Malaysia public holidays. As we have colleagues in different countries and sometimes they may discuss work even during public holidays. Our company policies did not mention anything related to this but if the employees are drawing more than MYR2,000 monthly, must we credit them the day off or subject to negotiation?

Thank you.

Joey

Reply 1

As long as the employment contract is based in Malaysia corporation, and indeed the employee is working. Yes, you need to credit their replacement PH and non-negotiation should be made.

Shirley

Reply 2

If your senior staff based in Malaysia is for a relatively long duration i.e. at least 6 months or longer, you could communicate to them preferably before the posting, that they will enjoy Public Hols following the local country (i.e. Malaysia) for that duration. This is because it does not make sense for them to come in for work on Malaysia’s Public Hols when the rest of the staff are not doing so. This also means that they could not be accorded off-in-lieu for S’pore Public Hols – as they should not be enjoying Public Hols for both countries i.e. is one or the other. As for discussing work on public hols, it should be tackled from additional hours clocked preferably by week or month i.e. if they are clocking 4 or more hrs and frequently, provide them with the requisite compensation if applicable (in terms of OT pay or time-off).

EG

Reply 3

Although they are not covered under Malaysian's labour law (non-manual worker and pay > RM$2000 per month), as good HR practice for work-life balance, I suggest the Company provides them with some form of time off for working on public holidays.

AL