HR Ministry MCO Guidelines
Does employer need to pay salaries to employees during the 14 days Movement Control Order (MCO) extension which started from 1st April 2020 till 14th April 2020?
Yes, all salaries and fixed allowances are required to be paid to employees except for allowances that are related to attendance/travelling (which are NOT being performed during that period).
Can employers advise their staff to apply for Annual Leave or directly deduct employee’s Annual Leave during the extended Movement Control Order (MCO)?
No, the employers can’t force their employees to take Annual Leave during the extended Movement Control Order (MCO) as Annual Leave is granted or to be deducted upon the will/request by employees.
What are the actions that employers could take during the extended Movement Control Order (MCO)?
During MCO, employers are advised to follow the below actions:-
- Employers must pay their employees full salaries and all eligible allowances during the extended Movement Control Order;
- Subjected to agreement from both parties, employers could offer their employees as per the below:-
- Full paid leave
- Half paid leave; or
- Unpaid leave
- If retrenchment actions are required, employers can refer to the Retrenchment Guidelines. Retrenchment Guidelines and Employment Retrenchment Notification form (Form PK) is available in JTKSM website. (www.jtksm.mohr.gov.my)
What actions can be taken by employees if the employers does not follow the above?
Employees may go to the nearest Labour Office to lodge a report.
Can employers perform Retrenchment process if their businesses are affected by the COVID-19?
Retrenchment is a way to cut down excess overhead labour in the company. In general, the Retrenchment process is the prerogative of the employer. However to ensure that the Retrenchment process is fair to all parties, these are the 3 key things employers need to adhere to, namely:-
- The reason for the employer’s business affected by COVID-19 should be genuine;
- Employers are required to avoid retrenchment of work first such as reducing work hours, limiting or restricting the hiring of new employees, limiting overtime, limiting work on weekends or public holidays, reducing employees’ salaries, implementing temporary layoffs (lay-off); and
- If Retrenchment process is unavoidable, foreign workers needs to be terminated first. The principle of LIFO (Last in First Out) must be adhered if it involves local employees during the Retrenchment process. However this principle can be ignored if the employer has a strong justification for not doing so. The employer must report to the nearest Labour Office thirty (30) days before the date of Retrenchment. The employer can get Retrenchment Guidelines and Employment Retrenchment Notification form (Borang PK) in JTKSM website. (www.jtksm.mohr.gov.my)
What actions can be taken if there’s a COVID-19 suspect or positive employee?
Employer should direct all employees who work closely with the employee to stay at home for a period 14 days to ensure that it does not spread to others. Prior to that, the said employee are required to identify all individuals who are close contact (three to six feet) with them on the past 2 weeks before being suspected. By doing so, the employers will have a complete list of the individuals who are at risk. Employers must maintain confidentiality without leaking personal information of the said employee. In addition, the employer must perform disinfection process at the working spaces affected. If the workplace is inside a building or shared office area, the employer involved should inform the management of building so that they can take precautionary measurements accordingly.
Can foreign workers who holds a Temporary Employment Visit Pass (PLKS), Employment Pass (Expatriate Pas), and MM2 return to their origin country?
Yes and it will be subjected to the conditions set by the Immigration Department of Malaysia. Please contact KDN Operations Room at 03- 8886 8110 / 03-88868126 for more information.
If there’s an employee confirmed with positive COVID-19, can employers grant unpaid leave to all employees?
Employers can provide leave to other employees in order to ensure the safety and health measure of other employees. The leave granted to employee shall be a paid leave and not unpaid leave. Employers are not allow to force employees to go on unpaid leave.
What can be done by a daily wage employee during the period of Movement Control Order (MCO), if no salaries is being paid?
Please refer to the FAQ’s under Employment Retention Program (ERP) issued by The Social Security Organization (SOCSO) at 1300-22-8000 or visit www.perkeso.gov.my
What actions can be taken if employers’ falls under the Non Essential Services category but still operate without an exception letter from the Director of Health (MOH)?
Any personnel can lodge a report to PDRM/RELA/JTK/Occupational Safety and Health Department.
What actions can employee take if there’s employer who does not comply with the Movement Control Order (MCO)?
Employees can lodge a report to the Police, RELA or Ministry of Human Resources (MOHR).
For any report and inquiry:-
- 03 8889 2359
- 03 8890 3404
- 03 8886 2409
- 03 8886 2352
- 03 8888 9111