Workers’ rights group wants progressive labour laws
The Social Protection Contributors Advisory Association Malaysia (SPCAAM) has called on the government to amend labour laws to allow for better workplace flexibility.
In a statement, SPCAAM International Labour Advisor Callistus Antony D’Angelus said although Human Resources Minister Steven Sim said Malaysian workers could apply to their employers for flexible work arrangements, employers still had the final say on the matter.
“What all parties need to recognise is that it is still the prerogative of the employer, almost entirely, to approve or disapprove such applications.
“Flexible work arrangements, including working from home, is clearly not something which can be easily legislated as the nature of some businesses would simply not allow for it.”
He said, as such, policy-makers or ministers should not merely regurgitate provisions of the law.
“They should instead be constantly challenging the adequacy of the system to progress with the times.
“The provisions in law for accommodations due to circumstances such as elderly care, disability and childcare have not kept up with the progress made globally over the past few decades.
“There has been a lot more awareness of mental health and its impact at the workplace, as an example, and local laws need to progress with time.”
He also said the Employment Act was a colonial legacy that seemed to be inextricably linked to the master-servant relationship in the workplace.
“Why is it that despite Malaysia being formed in 1963, the workers of Sabah and Sarawak are in an inferior position in many regards as compared to their counterparts in West Malaysia?
“The biggest problem with the unity government at this point is that despite the promise of reform, they continue to pander to the interests of big business.
“Unless there is a fundamental shift philosophically and policywise, we cannot expect change that would benefit the common people of Malaysia,” he said.
On Wednesday, in a post on X, Sim said workers in Malaysia could apply to their employers for flexible working arrangements based on time, days, and location of work according to Sections 60P and 60Q of the Employment Act 1955.
He said such requests should be submitted to employers for feedback within 60 days, and if rejected, employers must provide reasons.
According to Section 60P (1) of the act, an employee has the right to request from their employer for a flexible working arrangement to vary the hours of work, days of work or place of work in relation to their employment, subject to Part XII or anything contained in the contract of service.
The act also stated that application for flexible working arrangement under 60Q (1), the employee shall make an application for flexible working arrangement under section 60P in writing and in the form and manner as may be determined by the DirectorGeneral of Labour.
Sim said this in response to a post by a portal on workers in Singapore now being able to apply to work four days a week, more working days from home, and phased working hours starting from Dec 1.