‘Management to decide on who gets to WFH’

Silence at the office: The number of staff working at Sunway Mall management office have been significantly reduced during the MCO 3.0, showing compliance to WFH policy. — YAP CHEE HONG/The Star

PETALING JAYA: It is the prerogative of the management of a company to decide the 40% of employees who get to work from home (WFH) under a government directive, says the Malaysian Employers Federation (MEF).

Its president Datuk Dr Syed Hussain Syed Husman said it was not for an employee to decide whether he or she should WFH.

“On the issue of employees not being allowed to work from home, it needs to be made clear that the management will decide on staff members that make up the 60% working on-site and the 40% to WFH, ” he said.

Human Resources Minister Datuk Seri M. Saravanan had said as of May 26, the ministry received 479 complaints from workers about not being allowed to WFH during the movement control order through the upgraded Working for Workers (WFW) smartphone app.

On May 22, in announcing tighter SOP during the current movement control order, the government decided that 80% of public sector and 40% of private sector employees are to WFH to help flatten the Covid-19 curve.

Dr Syed reminded bosses to strictly implement the required SOP on WFH as failure to do so will result in an automatic stop-work order for seven days.

“The rule is implemented stringently and no appeal will be entertained, ” he said.

He said that while the SOP posed limitations to employers, most stood by the government requirement of limiting presence of workers at the worksites to 60% as part of the effort to reduce and control the surging Covid-19 infections. He said not all work could be done from home, especially if an employee is a production staff.

Labour and employment law expert Datuk Thavalingam Thavarajah said employers and employees had to adjust to the new normal with an aim to strike a balance between workers’ rights and business needs.

“Employers must comply with the law when it comes to hours of work, overtime and statutory payments. At the same time, workers must play their part and ensure they are contactable during working hours, ” he said.

Hap Seng Consolidated Bhd group human resource director Simon Sim said that the SOP determined by the government must be adhered to.

He said in some business units of the group, those who WFH were higher than the 40% mark set by the government.