REST DAYS
1. What are rest days?
A week has 7 days - everybody knows this, of course. The labor laws require that an employer must allow an employee to have one whole day of rest in every week. That, is the rest day as termed by the law.
In the August 1998 amendments, power is now transferred from the Minister to the DG to approve an application by an employer to have his employees enjoy their monthly rest days once a month in a stretch of days.
Where to Look: Section 59(1)
2. Must the rest always be a Sunday?
Any day of the week can be declared as the rest day. It just so happens that most countries in the world have adopted Sunday as the rest day. Therefore these business houses close on Sunday and they must as well let employees have the same day off as their rest day.
Where to Look: Section 59(1) - Read Between The Lines
3. Do employees have a say on when the rest day should be?
No. By right the employee has no say at all. It is the employer who will decide which day it is for the employee to take off as his rest day. It would be a compromising employer who allows his employees to choose their own rest days - this is definitely a good employee relations approach, provided that business is not adversely affected.
Where to Look: Section 59(1) - Read Between The Lines
4. Must the rest day be on the same day in every week?
Let's put it this way. The law requires that the employer set the rest days and informs the employee accordingly before the commencement of the month. The days need not be the same day of every week. So it can be on Sunday this week, but Tuesday next week and so on.
But once the rest day is set for the month, the employer is not allowed to change the rest day for the employee. This is to prevent the employer from taking advantage of the employee by shifting his rest day around in order to prevent paying him rest day rates if he is required to work on his rest day.
Where to Look: Section 59(1) - Read Between The Lines
5. How should employees be informed of their rest day?
If the rest day is a common day, such as Sunday where the entire company closes for the day, a single permanent notice on the notice board will suffice.
If employees are given their rest days on different days of the week ( usually happens where business goes on throughout all 7 days of the week, e.g. hotels), employees are notified through the roster (or their work time-tables) for the next month, or when they are issued their clock-in cards for the next month.
Failure to inform the employee of his rest day is an offence against the law. Note also that the Roster mentioned need to be maintained for inspection for a period of up to 6 years.
Where to Look: Section 59(2)
6. An employer is not allowed to change the employee's rest day. What if the employee applies to have his rest day changed?
Same answer - No. The rest day is taboo. No changing means no changing, unless you are prepared to take the stand (risk) that as long as the employee initiated it, he would complain to the Labor Office. Or you may even want to take the chance that if the Labor Officer finds out, he will happen to be the nice fellow who says " Oh what the heck, the employee agreed - so we won't be so technical about enforcing the law". The choice is yours.
Where to Look : Section 59(1) - Read Between the Lines
7. Many businesses are on a 5-Day week schedule. Which is the rest day if there are 2 days off in a week?
The law says "the last of such rest days shall be the rest day for the purposes of the Act".
There are, in fact, companies which operate on systems with more than 2 rest days. If there are two days, then the 2nd day is recognized as the official rest day, and if there are 3 rest days, then it is the 3rd day and so on (Any employer giving 4 rest days????)
The non-rest days are commonly referred to as "off-days" to differentiate from the rest day, and to indicate that these are not governed by the law for matters relating to work on rest day, overtime sense.
Where to Look : Section 59(1)
8. Can an employee have his rest day replaced if he has sick leave on his rest day?
An employee on rest day is not entitled to sick. So there is no question of replacing the rest day.
Where to Look : Section 59(1)
9. Are there other situations where rest day does apply?
Yes. Rest days are not provided for during any period where an employee is on maternity leave, disablement leave under SOCSO or Workmen's Compensation.
Where to Look : Section 59(1)
10. The rest day means a period of 24 hours beginning at midnight for an non-shift worker. How about for a shift worker?
As a shift worker's time of starting (or ending work) changes according to the shift that he is in, the midnight starting point does not apply any more. In addition, the rest day is defined as a "continuous period of not less than 30 hours" which is free from work.
Where to Look : Section 59(1A)
11. Can an employer require that an employee must return for work on his rest day?
A Shift Worker can be compelled to Work on his rest day.
A non-shift worker cannot be compelled to work on his rest day except under the following circumstances:
In case of accident, whether actual or threatened, which affects his place of work
In work which is essential to the life of the community (e.g. public transport)
Work essential for the defence or security of Malaysia (probably industries involved in arms production?)
Urgent work to be done on machinery or plant
An interruption of work which it was impossible to foresee (power shutdown?)
Work in any industrial undertaking essential to the economy of Malaysia or an essential service as defined under the Industrial Relations Act, 1967 (e.g. banking, electricity services, fire services, dock and harbor, postal, prison, production of fuel and lubricants, public health, radio & TV, telecommunications, transport, water etc.)
Where to Look : Section 60(1)
12. How should an employee be paid If he works on a rest day?
The Rates are different for Monthly Rated Employees as compared to employees who are daily or hourly rated.
For Monthly-rated employees, any period of work which is less than half a day (usually up to 4 hours for example) shall be paid half his ordinary rate of pay for that day.
That's right, folks. Paying "double-rate" for monthly-rated employees is actually paying more than the required minimum of the law. But then, it has more like become the standard market rate by now. It doesn't look like it is easy to get anyone to come back for rest day work if the rate is less.
For a daily-rated or hourly-rated employee, he is entitled to 1 day's pay for any period of work on a rest day which is less than half his normal hours. For work which is more than half a day but less than the normal hours of work for the day, he is entitled to 2 days wages.
Where to Look : Section 60(3)
13. What if an employee works beyond the normal hours of work on a rest day?
For that, whether it is for a monthly, daily or hourly-rated employee, each hour over the normal hours is to be paid at 2 times the hourly rate of pay.
Where to Look : Section 60(3)
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