PETALING JAYA: Questions have arisen on whether employees should be allowed to carry out community service on their own time or paid company time following the enforcement of the Solid Waste and Public Cleansing Management Act for littering.
This is because offenders may be sentenced up to 12 hours of cleaning work if caught littering.
Employees sentenced to community service for littering should do it on their own time and not at the expense of their employers, say heads of human resources.
Head of Eden Group Human Resources Christopher William said employers should not be required to pay for time outside working hours.
“Salary is paid for work done or for approved absence under company policy. Labour law does not require employers to pay for time when an employee is unavailable due to personal legal issues,” William said.
“Community service or legal penalties are personal matters, not work-related duties.”
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Instead, William said human resources should allow employees to apply for leave.
“HR should allow the employee to apply for unpaid leave, and let them use annual leave if they choose or consider flexible hours only if operations are not affected,” he added.
William suggests that the human resources department should also consider whether the individual’s case will impact the reputation of the company.
“The department should decide if any internal action is needed based on company policy, and keep clear boundaries between personal legal matters and workplace discipline.
“The focus is on fairness, business continuity and protecting the organisation, while treating the employee with basic dignity and respect,” William said.
Meanwhile, an HR manager in Petaling Jaya said a company should not be liable to pay for employees’ wages if the community service coincides with their working hours.
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“The company is not obliged to pay employees’ wages and may even consider drastic action if it significantly impacts their ability to carry out work,” said the manager.
He added that community service should be done outside of working hours.
“If someone has committed an offence, the company should not be penalised for what that individual has done,” he said.
“Despite this, the option of annual and unpaid leave should remain in place. If they are entitled to annual leave, they may choose to use annual leave or take unpaid leave, provided it does not disrupt company operations.”
National Association of Human Resources Malaysia president Zarina Ismail said it would be best for employees to complete community service on their own time.
“If this is done on a weekend, this would be better for companies, as it avoids clashes with work hours,” Zarina said.
She added that giving the option to take annual leave or unpaid leave should depend on the company and their flexibility.
The Community Service Order under Section 77B of the Solid Waste and Public Cleansing Management Act 2007 came into effect on Jan 1, enforcing punishments such as cutting grass and collecting rubbish.
The Solid Waste and Public Cleansing Management Corporation has issued 418 notices against individuals found littering in states that have adopted the Solid Waste and Public Cleansing Corporation Act 2007 (Act 672).
Out of the 418 notices, 315 were issued to Malaysians and 103 were issued to foreigners.
Upon conviction, offenders face a fine of up to RM2,000 and may also be sentenced to a community service of up to six months, involving a maximum of 12 hours of work, capped at four hours per day.
