Can Your Boss Ask You to Work on a Public Holiday in Singapore?

Last updated on October 19, 2024

A public holiday is coming and you’re eagerly looking forward to that much-needed break from work…

But the day before the public holiday, your boss suddenly calls you up and asks you to go to work the next day!

You’re outraged.

Can your boss do that to you? Or should you be making a complaint to the Ministry of Manpower (MOM)?

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The short answer is: yes, your boss can ask you to work on a public holiday.

However, if you are considered an “employee” under the Employment Act, your boss is legally required to:

Pay you an extra day’s salary; or
Provide you with a day off on another day (i.e. off in lieu).

(Do we even *have* human rights in Singapore? Okay, kidding.) ⠀ You’re probably already well aware of this, but tomorrow is Vesak Day – a public holiday! Unfortunately, some of us may be called back by our bosses to continue working. This is legal but if you are a non-government employee, you will generally be entitled to 1 extra day’s pay. ⠀ This extra pay is calculated based on your basic rate of pay if the public holiday falls on a working day, or your gross rate of pay if the public holiday falls on a non-working day (i.e. weekends for most office people). (Also, gross rate of pay = basic pay rate + allowances.) ⠀ Alternatively, you and your boss can agree to let you make up your holiday on another day. Personally we would prefer the day off, but go for the option that works better for you! Happy Vesak Day in advance! ⠀ #singaporelegaladvice #singapore #law #singaporelaw #instasg #sglife #publicholiday #holiday #VesakDay

A post shared by SingaporeLegalAdvice.com (@singaporelegaladvice) on May 27, 2018 at 9:06pm PDT

Which Days are Public Holidays in Singapore?

There are 11 gazetted public holidays in Singapore. They are:

New Year’s Day
Chinese New Year (first day)
Chinese New Year (second day)
Hari Raya Puasa
Hari Raya Haji
Good Friday
Labour Day
Vesak Day
National Day
Deepavali
Christmas Day

The dates of public holidays are set by the MOM. Some of these dates are fixed (for example, National Day always falls on 9 August), while some change every year. You can find the dates of public holidays on the MOM website. Dates of the upcoming year’s public holidays are usually published in the second quarter of the current year.

Polling Day, either for the General Elections or the Presidential Elections, is also a public holiday. However, Polling Day for a by-election is not be a public holiday.

You are Entitled to Be Paid on a Gazetted Public Holiday

If you are covered by the Employment Act, you are entitled to 11 paid public holidays (as mentioned above) in a year.

There are 2 types of payment rates:

Basic rate of pay. This is the basic pay that you are entitled to under your employment contract. It does not include extra payments such as for overtime work or any allowances (e.g. meal allowances).
Gross rate of pay. The gross rate of pay is the basic rate of pay plus any allowances you may be entitled to under your employment contract. However, it also excludes payment for overtime work.

You are entitled to your gross rate of pay on a public holiday, if:

You were not absent on the working day immediately before or after a holiday without consent or a reasonable excuse.
You are on authorised leave (e.g. sick leave, annual leave, unpaid leave) on the day immediately before or after a holiday.

You are not entitled to holiday pay if the holiday falls on your approved unpaid leave. To illustrate:

If you are on approved unpaid leave on 8 August, you will still be entitled to a paid public holiday on 9 August (i.e. National Day).
If you are on approved unpaid leave from 8 to 10 August, you will not be eligible for a paid public holiday on 9 August.

What If You Are NOT Working on a Public Holiday?

If you are not working on a public holiday, you are entitled to be paid 1 day’s salary at the gross rate of pay.

This pay will already be included if you are paid on a monthly basis, so your boss will not have to pay you extra. However, if you are paid on a daily basis, you should receive extra pay for the public holiday itself.

Note: you will not be entitled to this pay if:

You skip work on the working day before or after a public holiday without your boss’s approval; or
You applied for and took unpaid leave on that public holiday.

What If You Work on a Public Holiday?

If you work on a public holiday, by default, your employer should pay you an additional day’s pay.

Alternatively, by mutual agreement, you can get one of the following:

A public holiday in lieu.
Time off in lieu (only for employees not covered under Part IV of Employment Act).

What is my pay entitlement for working on a public holiday?

If you are required to work on a public holiday, you should be paid an extra day’s salary at the basic rate of pay.

Your monthly gross salary already includes payment for the holiday, so your employer need only pay you an additional day’s pay.
If you are absent without reason on the working day before or after the holiday, you are not entitled to the holiday pay. Your employer can therefore deduct one day’s pay at the gross rate from your monthly gross salary.

The table below outlines different scenarios and your entitlement:

If you work on a public holiday that falls on	Your entitlement
A working day	An extra day’s salary at the basic rate of pay. The gross rate of pay for that holiday. Overtime pay if you work beyond your normal hours of work.
A non-working day (e.g. a Saturday for employees on a 5-day work week)	Overtime pay for extra hours worked on a Saturday. One extra day’s salary at the gross rate of pay or another day off for the public holiday.
A rest day	Payment for work done on a rest day. Overtime pay if you work beyond your normal hours of work. The next working day will be a paid holiday instead.

You can also use this calculator to calculate your public holiday pay.

Overtime pay entitlement still applicable

Regardless of what day the public holiday falls on, you will still be entitled to overtime pay if you work longer than your usual working hours.

Am I Entitled to a Public Holiday in Lieu?

If you are required to work on a public holiday, you and your employer can mutually agree to substitute a public holiday for another working day (i.e. a day off-in-lieu).

However, if there is no mutual agreement on the duration of time off in lieu, your employer can decide on one of the following:

Pay an extra day’s salary at the basic rate of pay for one day’s work.
For working 4 hours or less on a holiday, grant time off in lieu of 4 hours on a working day.
For working more than 4 hours on a holiday, grant a full day off on a working day.

What If Your Boss Refuses to Give You Your Extra Pay?

How to claim your extra pay

If your boss refuses to pay you your extra pay, you can file a claim at the Tripartite Alliance for Dispute Management for mediation first. You will be able to claim a maximum of $20,000 (if you are a non-union member). If you are a union member and the union files on your behalf, then you can claim up to $30,000.

If you are still employed by your boss, you can file your claim within 1 year of the dispute. Otherwise, you will have to file your claim within 6 months from your last day of work.

If your dispute remains unresolved after mediation, your case will be referred to the court, via the Employment Claims Tribunal.

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Generally speaking, working on a public holiday is subject to the terms of the employment contract or mutual agreement between employer and employee.

Employees are encouraged to recognise employees’ personal commitments, especially during public holidays. If employees are required to work on a public holiday, they must be paid an extra day’s salary at the basic rate of pay or granted a day off-in-lieu.

If you need legal advice on your public holiday entitlements in Singapore, or on filing a claim for unpaid extra salary against your boss, you may get in touch with one of our employment dispute lawyers.