Many have messaged me, “Aunty, I work in the private sector in Semenanjung Malaysia, and my company didn’t send out a memo limiting public holidays this year. Despite telling my boss that it’s not in accordance with the Employment Act, he insists we must work on 17th September 2024. What should I do?”
Here are my recommendations:
1. Negotiate. Try to negotiate for an extra annual leave as a replacement holiday instead on another day. EA1955 Section 60D(1A) allows for the substitution of public holidays with agreement of both parties.
2. Delay Action. If negotiations fails, I don’t recommend immediately lodging a report with JTK. While I support standing up for your rights, lodging a report may cause long-term tension. Once you insist on a replacement holiday, your boss may already be unhappy, and going to JTK, jangan-jangan hidup you lagi sengsara nanti.
3. Document and Plan. So, show up to work today anyway, and make sure to record your attendance in writing – it’ll be useful later. In the meantime, quietly update your resume and start looking for a better boss, one who understands the importance of compliance.
4. Final Step (Optional). Once you’ve secured a new job, tender your resignation. If you’re still not over it, bring up the replacement holiday again and see if he allows it this time. If he refuses, let him know that you’ll lodge a report with JTK, armed with your attendance record from that day.
In that order.
Gitu.
xoxoxo, AuntyHR
