PETALING JAYA: Should Malaysian employers contact their employees after office hours and on weekends when it is an employee’s own time?
Under Australia’s new “right to disconnect” legislation, an employee may refuse to monitor, read or respond to contact, or attempted contact from their employer, or a third party outside their working hours, unless the refusal is unreasonable.
The matter was raised on social media recently after the Australian legislation was passed on Feb 12.
It is awaiting royal assent and will come into force in the country six months later.
Commenting on whether Malaysia should enact a similar law, lawyer Kokila Vaani Vadiveloo said should the country do so it would align with global labour standards.
“European countries such as Belgium, France, Ireland, Italy and Portugal have implemented a range of measures, from legally binding regulations to codes of practice that apply to companies of all sizes.
“In South America, Argentina stands out with its law targeting remote workers, while Kenya leads as the first African nation to pass similar legislation.
“In Asia, Japan’s 2023 Rengo survey revealed 72.6% of respondents want to refuse work-related contact outside of business hours, while in October last year the Singapore government said it is exploring the feasibility of implementing a similar law.”
She said many employers in the country still largely adhere to the traditional work culture, whereby employers expect their employees to be available at all times.
“People generally lack awareness of the right to disconnect compared with other labour-related issues such as minimum wage, discrimination and workplace safety. Thus, policymakers may prioritise addressing those issues instead,” she said.
Kokila Vaani added that the right to disconnect can be introduced in Malaysia by incorporating new provisions to existing labour law statutes such as the Employment Act 1955 or the Occupational Safety and Health Act 1994.
“The Employment Act covers maximum working hours and overtime pay, so employees may request not to engage in work-related communications beyond office hours.
“Section 15 of the Occupational Safety and Health Act 1994 mandates employers to prioritise the safety, health and welfare of employees such as promoting their complete physical, mental and social well-being so employees can use both Acts to insist their private time be respected by employers.”
Kokila Vaani said if enacted in Malaysia, the new provisions may impose obligations on employers to uphold the rights of employees not to engage in work-related communication outside of regular working hours.
However, another lawyer, Fatihah Iliani Jamhari said while enacting the law could lead to improvements in the mental health of employees, there might be concerns about its impact on minimum wage increments as this might stagnate.
“Resistance from employers might emerge, either against the enactment or wage increases, if employees are not willing to extend their working hours and demand employers pay for their availability after office hours.
“For example, in the Philippines, the Bill was introduced in January 2017, but it faced a backlash from employers when the legislation re-emerged in December 2023.”
Fatihah Iliani said it is crucial to establish a stronger legal framework that delineates working hours and ensures fair compensation through minimum wage standards before implementing the law.
“By setting clear parameters to determine employees’ value, we can lay the groundwork to address matters beyond the right to disconnect. Simple bylaws or guidelines may not be sufficient to effectively enforce this right.
“Thus, enacting the right to disconnect could harmonise with current employment contract norms, promoting fairness and compliance to industry-specific standards.”
