*WEEKLY HOLIDAYS ACT 1950

This Act shall apply to Peninsular Malaysia only.

Interpretation

exposing goods for sale as part of any controlled business carried on by him;

the storage, preparation, processing or manufacture of goods, some or all of which are ordinarily disposed of in the course of any controlled business carried on by him; or

any other purpose of a controlled business carried on by him, or, where part only of any premises or places are so used, means that part:

Provided that the term “shop” shall not include a restaurant or any bazaar for charitable or public purposes, or any separate room or workshop used exclusively for the storage, preparation, processing or manufacture of goods which are of a description ordinarily disposed of in a substantial quantities otherwise than as part of the business of a controlled business;

“theatre” includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainment or for use as a dance hall;

“unassisted shop” means any shop in which the controlled business is carried on by the sole proprietor without assistance other than that of the husband, wife or one of the children of the proprietor;

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“week” means the period between midnight on any Saturday night and midnight on the succeeding Saturday night.

Closing of shops

an unassisted shop may remain open on both Friday and

Sunday in each week on condition that on either Friday or

Sunday in each week only the proprietor shall attend to the customers;

the Director General may, upon application being made to him in that behalf, in the manner prescribed, by the proprietor or the manager, give written permission in the case of any shop for some other day to be substituted in any particular week for the day chosen by such proprietor or manager and this subsection shall thereupon apply in the case of that shop to such day accordingly and not to the day of that week chosen; and

the Director General may, upon application being made to him in that behalf by the proprietor or manager, give written permission that in any particular week a specified piece of work be performed in any shop on the day on which that shop, in accordance with this subsection, would otherwise be entirely closed; and the Director

General shall, if he gives such written permission, specify a day in that particular week or in the week next following on which all persons to be employed in such specified piece of work shall be given a whole holiday in lieu of the whole holiday which they would otherwise have been given under this subsection.

The proprietor or the manager shall specify in a notice, in such form as may be prescribed, the day in each week on which a

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shop is closed in pursuance of subsection (1) and shall exhibit such notice permanently in a conspicuous place in the shop.

The day chosen by the proprietor or manager in accordance with subsection (1) shall not be altered by the proprietor or manager more often than once in six months.

The proprietor of an unassisted shop shall specify in such notice as may be prescribed the day in each week on which he only will attend to customers as provided for in proviso of paragraph 1(a), and shall exhibit such notice permanently in a conspicuous place in such unassisted shop.

The Minister may from time to time, by notification in the

Gazette add to, alter or amend the Schedule.

Provisions relating to shops where more than one business is carried on

When any shop is closed under subsection (1) every person employed therein shall be given a holiday, in addition to any holiday given under section 3, 6 or 7, during such period as the shop is closed.

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The Minister may, for the purposes of this section, specify different hours or days for different shops or different classes of shops or for different areas or for different times of the year.

The proprietor or the manager shall specify in a notice, in such form as may be prescribed, the day in each week on which a shop is closed in pursuance of a requirement under subsection (1) and shall exhibit such notice permanently in a conspicuous place in the shop.

Weekly holidays in shops, restaurants and theatres

The Director General may, by notification in the Gazette, exclude any particular class of employee from the operation of subsection (1).

Shops to be closed on five additional days every year

The proprietor or the manager shall specify in a notice, in such form as may be prescribed, the days chosen in accordance with subsection (1) and shall exhibit such notice permanently in a conspicuous place in the shop.

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In addition to the holidays required to be given by subsection 6(1) every person employed in a shop of a class mentioned in the

Schedule or in any restaurant or theatre shall be given in every year a whole holiday on five other days to be chosen by the proprietor or manager.

If in any year any of the days chosen by the proprietor or manager in compliance with subsection (1) is a day on which his shop is required to be entirely closed under section 3 then the day next following on which the shop would otherwise be opened shall be deemed to be a day chosen in compliance with subsection (1) and the shop shall be entirely closed on that day.

No deduction or abatement to be made from wages

A person who is given a holiday under section 5 shall be paid in respect of such holiday the wages he would have earned had he worked during that part of the day in which such holiday is given.

Administration of Act

The Director General may either generally or specifically direct any State Director of Labour or Assistant State Director of

Labour or, with the consent of the Minister, any other public officer to exercise, perform or discharge any power, duty or function of the

Director General under this Act or under any regulation made thereunder.

The Yang di-Pertuan Agong may, by notification in the

Gazette, appoint persons to be Inspectors for the purposes of this Act within such local limits as he may assign.

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Every Inspector appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code

[Act 574].

The Director General and any State Director of Labour or

Assistant State Director of Labour may exercise any or all of the powers of an Inspector.

Powers of Inspectors

enter and remain in any shop, theatre or restaurant to which this Act applies and in any quarter, house or other accommodation where persons who are employed in such premises live or sleep;

make such examination of any such shop, restaurant, theatre, quarter, house or other accommodation and of any record, register or notice maintained therein, in pursuance of rules made under subsection 14(2), and take on the spot or otherwise such evidence of any person as he may deem necessary for carrying out the purposes of this Act.

Any person having the custody of any record, register, or notice maintained in pursuance of rules made under subsection 14(2)

shall be bound to produce the same when so required by an Inspector, but no person shall be compellable to answer any question if the answer may tend directly or indirectly to incriminate himself.

Penalties

contravention of section 3, 5, 6, 7 or 8 or of any requirement duly made thereunder;

contravention of any rule made under paragraph 14(2)(a)

or (c); or

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breach of any condition imposed under section 4, the proprietor and the manager of the establishment in respect of which such contravention or breach takes place shall, on conviction, be liable to a fine which may extend, in the case of the first offence, to two hundred and fifty ringgit, in the case of a second offence, to five hundred ringgit, and, in the case of a third offence or subsequent offence, to one thousand ringgit.

Exemption from application of this Act

In particular and without prejudice to the generality of the foregoing power, such rules may–

All rules made under this section shall be published in the

Gazette and shall be laid as soon as conveniently may be before the

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Dewan Rakyat which may, by resolution, amend, approve or disapprove of the same. All rules approved by the Dewan Rakyat with such amendments, if any, as may have been made, shall come into force as from the date of the resolution approving the same.