Across the Asia-Pacific region, most countries distinguish between gazetted holidays (mandatory for all employees) and restricted holidays (optional days employees can choose based on their religion or community). Understanding this distinction is essential for employers operating in APAC — it affects payroll, scheduling, and employee satisfaction. Getting it wrong means either denying employees their entitled days off or paying for holidays you didn’t budget for.
This guide explains the gazetted vs. restricted holiday framework across major APAC markets and provides practical guidance for employers.
This article is general information, not legal advice. Consult an employment lawyer for guidance specific to your organization.
Key Takeaways
- Gazetted holidays are mandatory for all employees; restricted holidays are optional choices
- Most APAC countries have 10–15 gazetted holidays and 5–10 restricted holidays
- Employees typically choose 2–3 restricted holidays per year from an approved list
- The framework reflects APAC’s religious and cultural diversity
- Employers must track both categories for accurate payroll
What Are Gazetted and Restricted Holidays?
Gazetted Holidays
Gazetted holidays are official public holidays mandated by the government. They apply to all employees regardless of religion or community. Employers must grant these as paid days off.
Restricted Holidays
Restricted holidays are optional holidays that employees can choose based on their personal religious or cultural observance. Employers must grant these when requested, within the limits set by law or company policy (typically 2–3 days per year).
The key difference: gazetted holidays are fixed for everyone; restricted holidays are chosen by the individual employee.
Country-by-Country Breakdown
India
India has the most developed gazetted/restricted framework:
| Category | Count | Examples |
|---|---|---|
| National Gazetted | 3 | Republic Day, Independence Day, Gandhi Jayanti |
| State Gazetted | 10–15 | Varies by state (Pongal, Onam, Durga Puja) |
| Restricted | 5–10 | Varies by state (employee chooses) |
Employees are entitled to 10–12 holidays per year, chosen from both gazetted and restricted lists. The exact composition varies by state.
Malaysia
| Category | Count | Examples |
|---|---|---|
| Federal Gazetted | 7 | New Year’s Day, National Day, Christmas |
| State Gazetted | 11–13 | Chinese New Year, Deepavali, state-specific days |
| Restricted | 2–3 | Employee chooses from approved list |
Malaysia’s gazetted holidays reflect its multi-ethnic composition. Restricted holidays allow employees to observe days specific to their community.
Singapore
| Category | Count | Examples |
|---|---|---|
| Gazetted | 11 | New Year’s Day, National Day, Christmas |
| Restricted | 0 | Singapore uses a different system |
Singapore doesn’t use the gazetted/restricted framework in the same way. Instead, it has 11 gazetted holidays and a system of “extra” holidays that employers may offer.
Philippines
| Category | Count | Examples |
|---|---|---|
| Regular Holidays | 12 | New Year’s Day, National Day, Christmas |
| Special Non-Working Days | 7–10 | Ninoy Aquino Day, All Saints’ Day |
The Philippines uses “regular holidays” (equivalent to gazetted) and “special non-working days” (similar to restricted). Special non-working days are paid but don’t require premium pay for work.
Indonesia
| Category | Count | Examples |
|---|---|---|
| National Gazetted | 13 | Independence Day, Eid al-Fitr, Christmas |
| Collective Leave | 1 | National collective leave day |
| Restricted | 0 | Indonesia uses a different system |
Indonesia has 13 national holidays plus a collective leave day. There’s no formal restricted holiday category, but the collective leave day provides flexibility.
Thailand
| Category | Count | Examples |
|---|---|---|
| Gazetted | 15–18 | Royal Ploughing Day, Songkran, Loy Krathong |
| Substitute | Varies | When holidays fall on weekends |
Thailand has one of the most generous gazetted holiday calendars in APAC. There’s no formal restricted category, but Buddhist holidays dominate the calendar.
Vietnam
| Category | Count | Examples |
|---|---|---|
| Gazetted | 11 | Tet Nguyen Dan, National Day, Hung Kings’ Temple |
| Restricted | 0 | Vietnam doesn’t use this framework |
Vietnam has 11 gazetted holidays with no restricted category. The calendar is heavily influenced by the Lunar New Year (Tet).
Hong Kong
| Category | Count | Examples |
|---|---|---|
| Gazetted | 14 | Lunar New Year, Buddha’s Birthday, Christmas |
| Restricted | 0 | Hong Kong uses a different system |
Hong Kong has 14 gazetted holidays. Employers can substitute up to 2 of these with alternative days.
Comparison Table
| Country | Gazetted | Restricted | Employee Choice |
|---|---|---|---|
| India | 10–15 (state) | 5–10 | 2–3 per year |
| Malaysia | 18–20 | 2–3 | 2–3 per year |
| Singapore | 11 | 0 | N/A |
| Philippines | 12 | 7–10 (special) | Built into calendar |
| Indonesia | 13 | 0 | N/A |
| Thailand | 15–18 | 0 | N/A |
| Vietnam | 11 | 0 | N/A |
| Hong Kong | 14 | 0 | N/A |
Managing Restricted Holidays
Setting Your Policy
- Define how many restricted holidays employees can take — typically 2–3 per year
- Publish the approved list — based on the state/country’s official restricted holiday list
- Set a process for requesting — employees must request in advance
- Track usage — ensure employees don’t exceed their entitlement
Common Restricted Holidays
| Holiday | Region | Religion/Culture |
|---|---|---|
| Milad-un-Nabi | India | Islam |
| Muharram | India, Malaysia | Islam |
| Guru Nanak Jayanti | India | Sikhism |
| Christmas | India, Malaysia | Christianity |
| Pongal | India | Hinduism |
| Thaipusam | Malaysia, Singapore | Hinduism |
Documentation
- Maintain a list of approved restricted holidays per state/country
- Record which restricted holidays each employee takes
- Include restricted holiday policy in employment contracts
- Review and update the approved list annually
What This Means for Employers
Build Dual-Track Calendars
You need two calendars: one for fixed gazetted holidays and one for employee-chosen restricted holidays.
Publish Clear Policies
Employees need to know how many restricted holidays they can take, which holidays are approved, and the process for requesting them.
Track for Payroll
Gazetted holidays are automatically paid. Restricted holidays are paid when the employee requests them. Track both separately.
Respect Cultural Diversity
The restricted holiday system exists because APAC is culturally diverse. Ensure all communities’ holidays are equally represented in your approved list.
Frequently Asked Questions
Can an employer deny a restricted holiday request?
If the employee hasn’t exceeded their entitlement and the holiday is on the approved list, the employer should grant it. Denial without valid reason could be discriminatory.
Do restricted holidays count toward annual leave?
No. Restricted holidays are separate from annual leave. They’re paid days off that don’t reduce the employee’s annual leave balance.
How do I handle employees in different countries?
Maintain per-country calendars. An employee in India has a different gazetted/restricted framework than one in Malaysia. Track each separately.
Are gazetted holidays always paid?
Yes. Gazetted holidays are paid days off for employees who would normally work that day. If the employee doesn’t normally work that day, they may not be entitled to payment.
Can an employer offer more restricted holidays than the law requires?
Yes. You can offer more restricted holidays as a benefit. Document this in your employment agreement.