Employment Act · 2026 Revised Edition · Part · Rest Days, Hours of Work, Holidays and Other Conditions of Service
64. Work on rest day
In plain English
Not legal advice
Generally, only continuous shift workers can be made to work rest days. A normal day of employer-requested rest day or public holiday work earns the basic rate for 2 days' work. A normal day of employee-requested work earns the basic rate for one day's work. Extra hours add at least one and one-half times the hourly basic rate.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
Subject to section 65(2), no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
In the event of any dispute, the Commissioner may decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.
Commissioner
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
Employment 46
Any employee who at his own request works on a rest day or a public holiday shall be paid for that day —
if the period of work does not exceed one-half of his normal hours of work, a sum at the basic rate of pay for half a day’s work;
if the period of work is more than one-half but does not exceed his normal hours of work, a sum of the basic rate of pay for one day’s work;
if the period of work exceeds his normal hours of work for one day —
a sum at the basic rate of pay for one day’s work; and
a sum at the rate of not less than one and one-half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.
Any employee who at the request of his employer works on a rest day or a public holiday shall be paid for that day —
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
if the period of work does not exceed one-half of his normal hours of work, a sum at the basic rate of pay for one day’s work;
if the period of work is more than one-half but does not exceed his normal hours of work, a sum at the basic rate of pay for 2 days’ work;
if the period of work exceeds his normal hours of work for one day —
a sum at the basic rate of pay for 2 days’ work; and
a sum at the rate of not less than one and one-half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.
Employment
In this section —
“hourly basic rate of pay” of an employee is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 65 for working overtime;
“normal hours of work” means the number of hours of work (not exceeding the limits applicable to an employee under section 65 or 67, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day;
or in the absence of any such agreement, is deemed to be 8 hours a day.
Subsection (3) does not apply to any employee who is employed by the Government or a statutory body in any of the essential services as defined in section 3(3) of the Internal Security Act (Chapter 133)
for the purposes of that section, but any such employee who at the request of his employer works on a rest day or part thereof shall be given a day or part of a day off, as the case may be, in substitution for such a rest day or part thereof.
Terms defined in s 2
basic rate of pay
Defined · s 2“basic rate of pay” means the total amount of money (including salary adjustments and increments) to which an employee is entitled under his contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his contract of service, or for each completed piece or task of work but does not include — (a) additional payments by way of overtime payments; (b) additional payments by way of bonus payments or annual salary supplements; (c) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (d) productivity incentive payments; and (e) any allowance however described;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Labour appointed under section 3(1);
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
hours of work
Defined · s 2“hours of work” means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements, exclusive of any intervals allowed for rest and meals;
overtime
Defined · s 2“overtime” means the number of hours worked in any one day or in any one week in excess of the limits specified in Part 7;
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