Report non-essential service employers forcing staff to work

KUALA LUMPUR, March 19 -- Workers in non-essential services can lodge police report against their employers if they were forced to work during the Movement Control Order (MOC) period.

The Human Resource Ministry in its frequently asked questions (FAQ) statement on MOC today said if an employer defies the order, he could be violating the Movement Control Order which is a criminal offence.

“(The offence) is under Regulation 7 of the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020 which provides for a fine not exceeding RM1,000 or jail not more than six months or both,” said the ministry.

Meanwhile, the ministry said employers in essential service should reduce the number of personnel to the minimal level or at least less than 50 per cent from their normal operation during the period.

 According to the ministry, during the Movement Control Order period from March 18 to 31 to combat the spread of COVID-19, employers should ensure limited workers in the operation.

The matter was based on the regulations under the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

The ministry added the employers should also have instruments to screen body temperature daily as well as ensuring employees adhere to COVID-19 prevention procedures.

Apart from that, the employers should also provide hand sanitiser and carry out sanitation and cleansing while ensuring social distancing best practice is carried out.

The ministry stressed that employers listed under essential service have the right not to pay workers who refused to work during the period.

The Human Resource Ministry said employers are required to pay the full salary for the Movement Control Order period with daily paid workers according to the agreed wage rate between the employer and the employee in the offer or service contract or the latest wage increment letter.        

“For workers whose salaries are not fixed then their daily wage should not be less than the minimum wage as per Minimum Wages Order 2020, " the ministry said.

At the same time, employers may require their employees to perform appropriate work from home, and will have to pay their workers' wages along with the applicable allowance.

The ministry said if employers refused to pay salaries during the period, workers could submit their complaints online through the Labour Department (JTK)’s official email.

Employers are also required to pay wages or salaries of workers outside the scope of the Employment Ordinance 1955 / Labor Ordinance (Sabah Chapter 67) / Labor Ordinance (Sarawak Chapter 76) as this is included in the contract of service agreed between the employer and the employee," said the Human Resource Ministry

According to the ministry, employers cannot compel employees to take annual leave or unpaid leave during this period as the order had been made under the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

Any questions regarding employer and employee issues can be dealt with the ministry’s COVID-19 Employment Monitoring Room by calling 03-8889 2359/8886 2409/8890 3404 or email jtksm@mohr.gov.my, jtknsabah@mohr.gov.my, jtknsarawak @ mohr.gov.my

-- BERNAMA