01/06/2025

NATIONAL 5 ON SUNDAY JUNE 1, 2025

‘No’ to regulating after hours engagement

‘Labour law falls short in protecting staff’ PETALING JAYA: While Malaysian labour laws provide clear guidelines on working hours and overtime pay, they fall short in protecting employees from work-related communications beyond office hours, said lawyer Kokila Vaani Vadiveloo. She told theSun that Section 60A of the Employment Act 1955 governs working hours and overtime, stating that employees should not work more than eight hours per day or 45 hours per week. “Any work beyond this is considered overtime and must be compensated,” she said. However, Kokila noted that the Act offers no explicit or even indirect protection against being contacted after working hours. “There is no statutory ‘right to disconnect’ in Malaysia. While Section 60A regulates working hours, it does not safeguard employees from after-hours communication,” she said. She pointed out that in certain roles, particularly those with a culture of after hours availability, employees may be vulnerable to warnings or disciplinary action if they fail to respond outside office hours. Legal action, however, is unlikely unless these expectations are clearly outlined in the employment contracts or internal company policies. “Unless there’s an express clause, courts are unlikely to uphold disciplinary action based solely on implied duties like loyalty or cooperation,” she said. Kokila advised employees to discuss and negotiate after-hours boundaries during hiring process, especially in industries that often require round-the clock availability. “These terms are enforceable if they are clearly drafted and mutually agreed upon. “Unfortunately, most employment contracts in Malaysia lack such provisions,” she said. For those who feel unfairly penalised for not responding after hours, Kokila suggested that they lodge complaints with the Labour Department or take the matter to the Industrial Court, particularly when no contractual obligation exists. To formally introduce a “right to disconnect,” Kokila said Malaysia would need to amend the Employment Act or introduce a separate law outlining employee rights and employer responsibilities regarding after-hours communication. “The law should define terms like ‘working hours’ and ‘reasonable contact’, and include dispute resolution mechanisms. “It could mirror laws from France, where companies with over 50 employees must negotiate disconnection policies, or from Spain, where digital disconnection is legislated across sectors,” she said. Kokila also recommended that such policies be supported by public awareness campaigns and proper enforcement mechanisms. She warned that the absence of a disconnection policy could create problems for Malaysian companies operating internationally. “Non-compliance with foreign labour laws that recognise the right to disconnect may result in legal, financial or reputational consequences,” she said. – By KIRTINEE RAMESH

PETALING JAYA: The Malaysian Employers Federation (MEF) has weighed in on the rising debate around the need to regulate after-hours work-related communication. MEF president Datuk Syed Hussain Syed Husman emphasised that while employee well-being must be respected, rigid laws could negatively impact business flexibility and competitiveness. “While the Employment Act 1955 outlines clear parameters for working hours and overtime, it does not specifically address after-hours digital communication, especially with the rise of remote and flexible work arrangements. “Employers should cultivate a workplace culture that respects personal time, while also ensuring continuity in urgent situations,” he said. According to MEF, a one-size-fits-all “right to disconnect” policy is unsuitable for Malaysia’s diverse economic landscape. The federation supports flexible, company-specific policies crafted through mutual understanding between employers and employees. “The goal should be to promote well-being and productivity, not bureaucracy and disruption,” he added. Syed Hussain said many employers now realise frequent after-hours engagement can lead to burnout, low morale and reduced productivity. However, he acknowledged that certain roles, such as customer service, crisis response and international operations may require after-hours availability. Despite concerns, MEF does not support amending the Employment Act 1955 to include clauses restricting after-hours communication. “Such amendments would disrupt operational flexibility, particularly for sectors with global clients, 24/7 operations We support flexibility, as one-size-fits-all ‘right to disconnect’ policy unsuitable for Malaysia’s diverse economic landscape: MEF Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

Syed Hussain emphasised that while employee well-being must be respected, rigid laws could negatively impact business flexibility and competitiveness. – ADIB RAWI YAHYA THESUN

Berkat Jaya. “A few monkeys were near the rubbish bins and one of them jumped at me suddenly. “I fell and hurt my shoulder, elbow and right hip. I had to have three stitches on my head,” he said. Kampung Batu Lada Federal Village Development and Security Committee secretary Ramdzan Yusoff said the Wildlife and National Parks Department had set up traps after receiving the villagers’ complaints. – Bernama to consider. Employers would need to revise employment contracts, implement tracking systems and invest in compliance infrastructure – a task especially challenging for micro, small and medium enterprises. Instead of legislation, MEF encourages organisations to adopt internal guidelines that clearly define urgent versus non urgent communication, set reasonable expectations and promote the use of scheduling tools to delay email dispatches after working hours. MEF firmly believes that any policy around after-hours communication should be tailored by sector, allowing critical industries like healthcare and logistics to retain operational flexibility. “We’re open to collaborating with the Human Resources Ministry, Malaysian Trade Union Congress and other stakeholders to develop sector-specific guidelines that ensure operational needs are met,” Syed Hussain said. He also recommended training for managers on respectful communication practices and promoting digital wellness without compromising productivity. Syed Hussain urged all stakeholders to strive for a fair and flexible approach. “The workforce is our greatest asset. “By fostering respect, flexibility, and clear communication, we can create a sustainable work culture,” he said.

or critical response needs.” He warned blanket legal provisions could lead to unintended consequences, such as reduced responsiveness, weakened client relationships and disrupted real-time coordination. Instead, MEF promotes internal policies, awareness-building and voluntary best practices as more practical solutions. It also outlined several challenges employers would face if a “right to disconnect” law were implemented. One significant concern is operational inflexibility, especially in healthcare, logistics, IT and finance sectors that operate beyond standard hours and rely heavily on timely communication. Another challenge is the potential reduction in global competitiveness. Delayed responses to international clients could harm business relationships and impact a company’s standing in the global market. He also said the mismatch between rigid laws and job functions where after hours engagement is often necessary, such as for senior executives or sales personnel. Additionally, legal ambiguity in defining what exactly constitutes “work related communication” could lead to disputes and confusion between employers and employees. There is also the administrative burden

Kuala Krai villagers in fear of wild monkey attacks KUALA KRAI: The peace and tranquillity of three villages here in Kelantan have been shattered since a group of wild monkeys started acting aggressively, attacking residents and damaging crops as well as intruding into residential areas. hypertension and diabetes, is still traumatised after facing an anxious moment on May 27 when she tried to chase away several monkeys on a soursop tree in front of her house.

“I fell when a huge monkey jumped from the tree towards me. I hit my head and hurt my knee. My son took me to the Sultan Ismail Petra Hospital here,” she said. Two days later, Muhammad Afif Mohd Affandi, 16, suffered injuries when he fell from his motorcycle while trying to dispose of garbage near his home in Taman

This has left about 300 residents from Kampung Kubang Lebur, Kampung Batu Lada and Taman Berkat Jaya fearful of stepping out of their homes, especially with two more residents falling victim to these wild monkeys in the past week. Zaiton Omar, 62, who suffers from