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Private sector employers in FT of KL, Putrajaya and Labuan must give additional paid public holiday on Feb 3 due to overlap, says Labour Dept

Fireworks illuminate the sky, marking the arrival of Chinese New Year at the Kek Lok Si Temple in Penang, January 28, 2022. Private sector employers in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan should give an additional day of paid public holiday on February 3 to their employees due to the overlap between the public holiday for CNY and FT Day. — Picture by Sayuti Zainudin

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PUTRAJAYA, Jan 28 — Private sector employers in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan should give an additional day of paid public holiday on Feb 3 to their employees due to the overlap between the public holiday for Chinese New Year and Federal Territory Day.

According to the Department of Labour (JTK) Peninsular Malaysia, the additional paid public holiday is subject to Section 600 (1) (b) (ii) of the Employment Act 1955 (Act 265).

Act 265 provides that if any of the public holidays specified in paragraphs (a) and (b) fall on any of the public holidays in paragraphs (a) and (b), the following working day after the public holiday shall be deemed to be a paid public holiday in lieu of the first public holiday.

“However, for employers who do not list Chinese New Year as a public holiday, employers only need to provide a paid public holiday for Federal Territory Day only,” according to the department.

This year’s Chinese New Year celebrations fall on February 1 and 2, which overlap with the Federal Territory Day on February 1.

According to the JTK, Federal Territory Day is a paid public holiday that must be honoured by employers whose place of employment is located in the Federal Territory as provided under section 60D (1) (a) (iii) of Act 265.

For the Chinese New Year, if selected and listed by the employer as a public holiday under section 60D (1) (a) of Act 265, it must also be honoured by the employer. — Bernama