Lodge Report if Employers Flout MCO

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Employees can’t be forced to take unpaid leave or utilise their annual leave throughout the MCO period.

Hari Anggara

Employees of non-essential services sectors who are forced to return to work despite implementation of a movement control order (MCO) can make a police report at the nearest police station, the Human Resources Ministry said today.

According to the ministry’s list of Frequently Asked Questions (FAQ) on the MCO released today, only sectors which are categorised as essential services are allowed to continue operation. However, they are also required to abide by several limitations.

The limitations include:

  • Employers to reduce the number of employees to a minimum or at least 50 percent of the current manpower.
  • Employers to ensure that the workers’ movements are restricted.
  • Employers provide body temperature checks on a daily basis.
  • Employees must adhere to the Covid-19 precautionary procedures set by the Health Ministry issued from time to time.
  • Employers must provide hand sanitisers.
  • Employers must perform the necessary sanitation and cleaning process.
  • Companies must implement social distancing best practice guidelines.

The ministry has also prohibited employers from forcing employees on unpaid leave or utilising their annual leave throughout the MCO period.

“Employers are not allowed to force employees to utilise their annual leave or take unpaid leave as the MCO is done under the Prevention and Control of Infectious Diseases Act 1988 (Act 342),” the ministry said.

Failing to abide by the MCO, employers can be fined up to RM1,000 or face jail time of six months, or both.

As for queries relating to employees’ wages throughout the MCO period, employers are required to bear the full salary amount according to prior employment contract agreement.

“If the employers refuse to bear the full amount of salary, employees can lodge complaints with the Labour Department via email or in person after that the duration of the MCO. However, investigations will only be conducted after the MCO has ended,” the ministry said.

As for part-time employees, wages paid must not be lesser than standards set in the Minimum Wage Order 2020.

For employees who do not fall under the Employment Act 1955 or Labour Ordinance (Sabah Chapter 67) or Labour Ordinance (Sarawak Chapter 76), employers are required to pay workers’ wages as these are terms set under service agreement between employer and employee.

For employees who are working from home, employers are also required to bear the full amount of allowances stipulated in the employment contract. Employers, however, do not need to pay workers who refuse to turn up at work if they belong to the essential services sector.

Meanwhile, the RM600 aid for workers on no-pay leave which was announced on March 16 does not apply to the MCO period as it only lasts for 14 days.

The special RM600 aid is only applicable for no-pay leave taken for a minimum period of one month.

On Monday night, Prime Minister Tan Sri Muhyiddin Yassin announced a government order effective from March 18 to 31 that would require Malaysians to stop all public gatherings and shut down any non-essential businesses and stores, with only places selling daily necessities and essential services such as transportation, food supply, health, pharmacies, banking, utilities, and manufacturing for electronic and electrical sector allowed to continue operations.

The MCO applies to all schools, private institutions and other learning institutions. – MMO