This is because Wesak Day, the Yang di-Pertuan Agong’s birthday, and the first and second days of Gawai Dayak overlap, says the state labour department.
The Sarawak labour department said Wesak Day falls on May 31, while the king’s birthday and the first day of Gawai Dayak fall on June 1, followed by the second day of Gawai on June 2.
It said that under subsection 104(1) of the Labour Ordinance (Cap 76), the king’s birthday is a compulsory public holiday that must be granted to workers and cannot be replaced with another day.
Wesak Day and the first and second days of Gawai are public holidays observed based on the religious and cultural background of workers.
The department said the same subsection provides that if any public holiday falls on a worker’s rest day or overlaps with another public holiday, the next working day must be treated as a replacement public holiday.
Accordingly, workers who have been granted holidays for Wesak Day and the first and second days of Gawai are entitled to June 3 as a replacement holiday for Wesak Day if May 31 is their rest day.
June 4 will be the replacement holiday for the first day of Gawai, which overlaps with the king’s birthday.
However, the replacement dates may be changed to another day through mutual agreement between employer and employee under subsection 104(2) of the same ordinance.
The department added that employees required to work on any public holiday or replacement holiday are entitled to holiday pay rates as provided under subsections 104(6), (7), (8) and (9) of the ordinance. - FMT
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