KUALA LUMPUR: Community service orders for littering are not equivalent to imprisonment or mandatory court attendance and cannot justify wage deductions, says Malaysian Industrial Commercial Service Employers Association (MICSEA) president YK Lai.
“Employers have a responsibility not only to comply with labour laws but also to nurture responsible and law-abiding citizens in the workplace,” he said in a statement on Tuesday (Jan 27).
The statement responded to recent court cases in which individuals were fined and ordered to perform community service under Section 77A of the Solid Waste Management and Public Cleansing Act 2007 (Act 672).
Under the law, convicted individuals may face fines of up to RM2,000 and be required to perform up to 12 hours of community service within six months.
Lai said Section 23 of the Employment Act 1955, which allows wage deductions for imprisonment or court attendance, does not apply.
He advised employers to manage absences for community service under Section 18A of the Employment Act, either as unpaid leave or through the employee’s annual leave, subject to company approval.
"For example, an employee earning RM2,000 per month who takes three days of unpaid leave in a 31-day month would have a calculated salary of RM1,806.45," he said.
MICSEA recommended best practices for employers, including verifying court orders, maintaining open communication, considering flexible work arrangements, applying wage adjustments lawfully, and avoiding punitive deductions.
