LIFE is full of surprises and exceptions. First and foremost, this piece of article is not to spoil people’s right to celebrate a major festivity but merely for argument sake or as mental exercise for the mind.
Late yesterday (May 1), Prime Minister (PM) Datuk Seri Ismail Sabri Yaakob announced that today’s Labour Day holiday (as Labour Day falls on a Sunday) will automatically be carried over to Wednesday (May 4) as Hari Raya Aidilfitri falls on today (May 2).
This according to the PM is in line with the official announcement of Hari Raya Aidilfitri for 2022 by the Keeper of the Rulers’ Seal that 1 Syawal 1443H falls on Monday (May 2).
“The Labour Day holiday will automatically be carried over to Wednesday (May 4),” he said in a statement.
“This is in line with the provisions of Section 3 of the Holidays Act 1951 (Act 369), Holidays Ordinance (Sabah Cap. 56) and Public Holidays Ordinance (Sarawak Cap. 8).”
Ismail Sabri however said the automatic Labour Day replacement holiday does not apply to the states of Kedah, Terengganu, Kelantan and Johor because Labour Day fell on a Sunday which is a working day in those states.
However, a lawyer contact who is well-verse with “work day and public holiday matters” begged to differ on the PM’s interpretation of Section 3 of the Holidays Act 1951 (Act 369).
“If Labour Day falls on weekly holiday (i.e. Sunday), then the day following shall be public holiday (ie today/Monday). And if such day is already a public holiday (i.e. first day of Hari Raya), then the following day shall be a public holiday (i.e. Tuesday),” contended Leonard Yeoh who is a partner at the law firm Tay & Partners.
“There is no direct provision for Wednesday to be a public holiday even though Tuesday is the second day of Hari Raya,” he told FocusM.
“Using a literal construction of Section 3 of the Holidays Act, Wednesday may not be a holiday. But perhaps by using a purposive construction of Section 3, then Wednesday may be a holiday.”
Offering an example, Yeoh said in the case when this year’s Federal Territory Day clashed with the first day of Chinese New Year (Feb 1) – albeit not on a weekly holiday – the former was carried forward to the second day of the lunar new year “and since the second day of CNY is a public holiday, you then carry forward the second day of CNY to the following day.”
Anyway, let’s leave aside the interpretation of law and focus on celebrating the arrival of Syawal. After all, this is the first time in two years that Muslims in Malaysia get to celebrate Aidilfitri as the country embarks on the transition to the endemic phase which began on April 1.
More importantly, to those travelling back to their hometowns, have a safe trip and happy holidays to all Malaysians at large. – May 2, 2022
