Shift Work Rest Days Regulations

All employees are entitled to at least one rest day per week. For shift workers, a rest day is defined as a continuous period of at least 30 hours.

Employers must prepare a roster showing each employee's scheduled rest days. This roster must be displayed or made available for inspection for up to six years.

Employees cannot be forced to work on their rest day unless their work necessitates continuous operation or requires multiple shifts.

The Director General has the authority to determine if an employee's work qualifies as essential and requires continuous operation or multiple shifts, in case of disputes.

Banking services are classified as essential services, allowing bank employees to work on rest days.

The Industrial Relations Act 1967 defines which services are considered essential.

Subsection 60A(2) of the Employment Act 1955 outlines exceptions for working on rest days, including essential services.

The case of Malayan Commercial Banks Association v Association of Bank Officers clarified that bank workers can work on rest days due to banking being an essential service.

The amount of money an employee earns for each unit produced.

The total number of units an employee produces in a single day.

The total amount of money an employee earns for working a day, calculated by multiplying the payment per unit by the number of units produced and the number of workers.

Statutory paid holidays that are declared by the government for all employees.

An employee is entitled to 11 gazetted public holidays per year, including specific holidays like National Day, Workers' Day, and Malaysia Day, plus additional public holidays chosen by the employer.

The employer must display a notice before the start of each year, listing the chosen public holidays for the year.

If a gazetted public holiday falls on an employee's regular rest day, the next day will automatically be considered their public holiday.

By mutual agreement, an employee can exchange a public holiday for another day, allowing them to work on a public holiday and take a day off later.

An employee working on a rest day for a period not exceeding half their normal hours is entitled to one day's wages at their ordinary rate.

An employee working on a rest day for a period exceeding half but not exceeding their normal hours is entitled to two days' wages at their ordinary rate.

Employees paid monthly or weekly who work on a rest day for a period not exceeding half their normal hours receive half a day's wages.

Monthly/weekly paid employees working on a rest day for a period exceeding half but not exceeding their normal hours receive a full day's wages.

Overtime on a rest day is paid double the employee's regular hourly rate.

Employees paid by piece rate who work on a rest day earn twice the usual amount per piece completed.

An employee's 'ordinary rate' is their regular pay for a normal workday.

An employee's 'normal hours of work' are their regular working hours per day.

An employer is legally obligated to pay workers double their daily wage for working on a public holiday.

An employer can require employees to work on a public holiday, but must pay them the required wages.

Overtime worked on a public holiday is paid triple the regular hourly rate.

Workers are entitled to annual leave based on their years of service. Workers with less than 2 years service get 8 days, 2-5 years get 12 days, and over 5 years get 16 days.

Annual leave is in addition to regular rest days and public holidays.

Workers must apply for annual leave and unauthorized absence is considered misconduct.

An employee's daily wage is calculated by dividing their monthly wage by the number of working days in a month.

The calculation of wages for working on a public holiday includes the daily wage plus an additional amount equal to the daily wage.

If an employee on paid annual leave becomes eligible for sick leave or maternity leave, they will be granted the new leave type, and the annual leave will be considered unused for the days covered by the sick leave or maternity leave.

Employees who don't apply for leave during the year forfeit their leave entitlement. If an employee applies for leave and it's rejected, they are paid one day's wages for each day of leave they were entitled to.

Upon termination of a contract, an employee is entitled to take their earned annual leave before leaving.

Employers must pay employees their regular wages for each day of paid annual leave. For employees paid monthly, receiving their regular monthly salary is considered annual leave payment.

If an employee is terminated before taking their earned annual leave, the employer must pay them for the unused leave. However, this doesn't apply if the employee is dismissed for serious misconduct.

Employees are entitled to paid sick leave after being examined and certified unfit for work by a designated company doctor, and the employer must pay for this examination.

If medical emergency prevents seeing the company doctor, employers may accept certificates from other doctors.

Employees are entitled to paid sick leave after dental examinations by a qualified dental surgeon.

If an employee is absent from work due to sickness, they must have a medical certificate from a registered medical practitioner, medical officer, or dental surgeon. If they don't have this certificate, they're deemed absent without permission.

When on sick leave, an employee must inform their employer within 48 hours of the start of the leave. Not informing the employer makes the absence unauthorized.

The duration of paid sick leave varies based on the employee's length of service. Less than 2 years of service grants 14 days, 2-5 years grants 18 days, and 5 years or more grants 22 days.

If an employee is hospitalized due to illness, they are entitled to 60 days of paid medical leave per year.

Married male employees are eligible for 7 days of paid paternity leave per confinement, up to a maximum of five confinements.