PETALING JAYA: Employers should adopt clear and well-defined arrangements in managing attendance without causing wage disputes if employees are sentenced to community service for minor offences such as littering, says the Malaysian Employers Federation (MEF).
Its president Datuk Dr Syed Hussain Syed Husman said employers could allow affected employees to use annual or unpaid leave in line with company policies, grant time-off-in-lieu where feasible or offer flexible or adjusted working hours for short durations.
Under Act 672 of the Community Service Orders (CSO) individuals found guilty of spitting and littering may be required to perform up to 12 hours of community service within six months of committing the offence and face compound fines of up to RM2,000.
“This balanced and structured approach helps employers maintain operational continuity while ensuring fairness and consistency across the workforce,” he said.
Syed Hussain said MEF agrees that Act 672 is rehabilitative and corrective in nature and is not equivalent to imprisonment or compulsory court attendance.
“As such, there is currently no express provision under Malaysian labour law, including the Employment Act 1955 that permits automatic wage deductions solely because an employee is required to perform community service,” he told The Star.
He cautioned employers against treating the CSO as a basis for unilateral wage withholding as Section 23 of the Employment Act does not apply in such cases.
However, Syed Hussain stressed that community service arises from personal legal responsibility and employees should be encouraged where it is possible to schedule such obligations outside normal working hours.
“Employees should notify employers early, provide official documentation and make reasonable efforts to minimise work disruption,” he said.
MEF also advised employers to avoid using unrecorded leave as a standard practice, warning that it could weaken attendance governance, create inconsistencies and raise audit and compliance concerns.
“Clear internal policies, proper documentation and proportional flexibility are essential while awaiting clearer government guidance on managing community service in employment settings,” Syed Hussain added.
Lawyer Kokila Vaani Vadiveloo said Section 23 of the Employment Act only allows wage deductions in cases such as imprisonment or court attendance but does not cover community service.
“Employers cannot simply deduct pay when employees are required to perform community service,” said the former Selangor Bar chairman
However, she pointed out that this does not automatically entitle employees to be paid for time off.
Kokila Vaani said absences can be managed under a company’s existing policies such as unpaid leave or annual leave and provide a lawful and transparent way of managing such situations.
Kokila Vaani said employers should apply policies consistently, avoid singling out employees to maintain workplace morale.
“Until the law provides clearer guidance, a calm, practical, and fair approach remains the best way to manage such absences,” she advised.
Criminal defence lawyer K A Ramu, who concurred with Syed Hussain and Kokila Vaani, said community service is not a registrable offence and should be treated with greater discretion compared to criminal cases which come with harsher penalties.
“Community service is a form of rehabilitation for acts of public misconduct that do not pose harm or danger to anyone’s safety.
“It is intended to raise awareness, in this case the issue of littering, and to deter people from discarding refuse irresponsibly,” he said.
On Tuesday, Malaysian Industrial Commercial Service Employers Association (Micsea) president YK Lai urged employers to manage absences fairly and lawfully while promoting civic responsibility and environmental awareness.
