Below are guidelines provided by the Malaysian Ministry of Human Resources to answer some frequently asked questions by employers.
1. According to the “Movement Control Order” announced by the government on March 16, 2020 are employers obligated to pay employees’ salary during the “Movement Control Order” spanning from March 18 to March 31, 2020?
Yes, employers are obligated to pay the employees’ full salary spanning from March 18 to March 31, 2020.
2. Does the employer need to pay salaries and allowances if the employee is not working during the “Movement Control Order”?
Yes, employers must pay salaries and allowances to employees, but only for the duration spanning from March 18 to March 31, 2020.
3. Can employers require employees to work from home?
Yes, suitable job tasks can be assigned to employees to be completed at home.
4. Does the employer have to pay salaries and allowances if employees work from home?
Yes, employers must pay their employees’ salaries and allowances, but only for the duration spanning from March 18 to March 31, 2020.
5. Is it considered a violation of law, if the employer does not follow with the “Movement Control Order”?
Yes, according to Section 11 (4) and 24 (a) of the Prevention and Control of Infectious Diseases Act 1988 (Act 342), violation of the law leads to imprisonment for a term not exceeding two years, or a fine, or both.
6. Can employers deduct employee’s annual leave during the “Movement Control Order” period?
No, employers cannot deduct an employee’s annual leave during the “movement control order” period if the employee is working from home.
7. Can employers treat the employees as being on unpaid leave during the movement control period?
No, it is not allowed according to Prevention and Control of Infectious Diseases Act 1988 (Act 342).
