25/08/2026
Is the Selangor Special Holiday on September 1st, Declared under Section 9(1) of the Holidays Act 1951, Mandatory for the Private Sector?
1. Scope of Statutory Mandatory Holidays under the Employment Act 1955
According to Section 60D(1)(b) of the Employment Act 1955, employees are entitled to a paid holiday at their ordinary rate of pay on:
"any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369]".
Please note that this provision explicitly refers only to Section 8 and does not mention Section 9.
2. Difference between Section 8 and Section 9(1) of the Holidays Act 1951
There is a clear distinction in the declaring authorities under these two provisions:
• Section 8 (Declared by the Federal Minister): Authorises the Federal Minister to declare a special bank or public holiday in respect of Peninsular Malaysia, the Federal Territory, or (after consultation with the State Authority) a particular State. Due to the direct link under Section 60D(1)(b) of the Employment Act, once such a holiday is appointed, private sector employers must grant the holiday, provide a substitution day, or pay holiday overtime rates (double/triple pay).
• Section 9(1) (Declared by the State Authority): Authorises the State Authority (State Government) to declare a day to be observed as a State public holiday in that particular State (such as the Selangor State special holiday).
3. Determining Factors for Private Sector Entitlement
Since Section 60D(1)(b) of the Employment Act 1955 does not incorporate Section 9(1) of the Holidays Act 1951:
• When the Selangor State Government declares a State special holiday solely under Section 9(1), private sector employers are not legally bound to grant a paid holiday to their employees.
• Therefore, whether private sector employees can enjoy a holiday or receive overtime pay on that day depends entirely on company internal policies or the terms stipulated in their Contract of Service.
