KUALA LUMPUR – Employers must still pay staff their salaries and cannot force them to go on unpaid or annual leave during the lockdown period, said the Human Resources Ministry.
In a frequently-asked-questions document posted on Twitter today, the ministry said employers must provide salaries during the lockdown as agreed upon in their service contract between worker and employer.
This also applies to workers not in the scope of the Employment Act 1955, and chapter 67 of the Labour Ordinance in Sabah, or chapter 76 of the Labour Ordinance in Sarawak.
The Employment Act 1955 covers all workers who receive salaries not exceeding RM2,000 a month and manual labourers without wage limits. The act also covers foreigners who receive the same protection.
The directive on salaries applies to those covered in the act and those who are not.
The ministry added that employees cannot be forced to take annual leave or unpaid leave throughout the lockdown.
“This is not allowed because a directive has been made under the Prevention and Control of Infectious Diseases Act 1988 (Act 342).”
TERKINI: SOALAN LAZIM (FAQ)MENGENAI PEKERJAAN SEMASA PERINTAH PENUTUPAN PENUH SEKTOR SOSIAL DAN EKONOMI (TOTAL LOCKDOWN)KEMENTERIAN SUMBER MANUSIA
— Kem. Sumber Manusia (@myksm) June 8, 2021
Kemaskini: 8 JUN 2021 pic.twitter.com/jzsyp3W32n
The ministry said workers are allowed to request to work from home for roles that are “suitable subject to the approval of employers based on the capacity set by the government from time to time”.
It added that although salaries must generally be paid, allowances are subject to eligibility under the service contracts of employment.
The ministry said those required to be present at the office to manage payroll can do so with authorisation obtained from police with approval letters from employers.
Police will also issue one-off authorisation letters that last for two to three days, it said.
The ministry employers that they would be committing an offence under the Prevention and Control of Infectious Diseases Act 1988 if they failed to comply with the directives set by the government.
It said actions to be taken by employers throughout the full lockdown between June 1 and June 13 include ensuring the number of workers in workplaces do not exceed the maximum capacity set, ensuring a limit on the movement of the workers involved, and recording attendance with the MySejahtera app, as well as conducting temperature checks daily.
Employers are also asked to provide hand sanitisers and conduct sanitisation work if needed, apart from following guidelines set by the Health Ministry.
The Human Resource Ministry said workers are also required to wear masks at all times, and comply with the directives from the Health Ministry and National Security Council. – The Vibes, June 8, 2021
