What’s the story?
Reminiscing my childhood, I remember this very thought which is also quite the Asian mindset inbuilt in most of us (don’t deny it) - “Study hard, get a job, earn your own money, and you can do whatever you like”. I’d like to personally express that adulthood isn’t the paradise so many of would have expected or hoped, or maybe I’m just not there yet.
Left, right and centre, I see my peers (myself not excluded) working around the clock, caffeine dosage increasing at a ridiculously rapid rate, if it were a drug, it would have been a controlled prescribed medication by now. But, it is what it is, and it begs the question, is this normal? What is a work-life balance in Malaysia? How does one juggle healthy-living, relationship-maintenance and career progression?
Perhaps this is a growing concern that has escalated to the leaders of our country to have prompted some action made as a form of encouragement for a somewhat balanced life of individuals employed in Malaysia.
More often than not, individuals go into the workforce with limited to no knowledge of their rights as employees and this leads to unpaid overtime, career-and-work priority and very little care for oneself. If you are one of those individuals, this article may ease you into the field a little better.
Employment in a Nutshell
Going back to basics, employment in layman terms simply means a paid work agreement between an employer and an employee where the employer hires or takes on an individual as an employee to provide certain services based on a particular set of skills required. In Malaysia, government sectors and private sectors are governed by different sets of laws and rules. Primarily, employer-employee relationships within the private sector are governed by what is known as the Employment Act 1955.
Earlier this year, the Amendments to the Employment Act 1955 was gazetted, and at the time, there were many uncertainties. It is and remains a known fact that the Law is an ever developing progress that grow with the times, and the same applies for this particular piece of legislation which may or may not come as a relief to most employees. Before delving into the amendments and the positive effect that follow suit, it is wise to note the crux of the Employment Act 1955.
Of course as introduced, the Employment Act 1955 (“EA”) governs and/or provides guidelines for all private sector labour policies. Just naming a few legislative protections set out:
And the list goes on. In spite of all this, it is prudent to note that notwithstanding the objective of the Employment Act 1955, that is to govern the employer-employee relationship existent as an agreement in private sectors, the Employment Act 1955 only applies to a certain class of employees set out in Schedule 1 of the Act, which means, the EA does not protect nor cover all employees in Malaysia. However, it is common practice for employers to apply the same rules and protection in their employment contracts with the employees.
As spoken, there were talks and bills to amend the Employment Act 1955 over the past year, which was then gazetted this year. The same was to come into effect on 1st September 2022, however, the Human Resources Ministry has announced an extension of time till the end of 2022 and the amendments shall come into force on 1st January 2023, in understanding that the economy is now in the process of recovering from the repercussions of the Covid-19 Pandemic, thus granting businesses sufficient time to accommodate such amendments. Here are the crucial amendments to the Employment Act 1955 that shall take place come the new year:
We have yet to explore the extent of how effective these changes will make to the work force in Malaysia, only time will tell. But, we know for sure, some of these changes, such as paternity and maternity leaves are very much welcomed, not to mention the possibility of flexible working hours and locations. It would also be wise for employers to begin the process of aligning their employment contracts / agreements lest s7 of the EA come into play.
Many have been asked this question “do you know your rights under the Law as an employee?” and sadly, their responses are not in the affirmative. Many opine that the Law is an abyss or a maze, but to know the basics of one’s rights would bring you a long way.
Conclusion
In crux, it is crucial to have some form of awareness of your standing in the corporate/working world, because ultimately, you will have to be responsible for your own well-being as you are of your own work-tasks. Know what is statutorily and contractually granted to you as your right, and there is no harm in querying into any uncertain or ambiguous term of your employment agreement.
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