CMCO WFH: Employers to pay salary as usual, can’t force staff to use up leave, says HR minister

People wearing face masks are pictured walking along Jalan Ampang in Kuala Lumpur September 30, 2020. — Picture by Shafwan Zaidon
People wearing face masks are pictured walking along Jalan Ampang in Kuala Lumpur September 30, 2020. — Picture by Shafwan Zaidon

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KUALA LUMPUR, Oct 22 — Employers should be paying the same salary to their employees and should not make them use up their annual leave if they are required to work from home (WFH) during the conditional movement control order (CMCO) period, the government said today.

Human Resources Minister Datuk Seri M. Saravanan said workers should also not be forced to take leave without pay.

“Regarding the order to work from home, the Human Resources Ministry emphasises that the payment of salary is as usual and employers cannot force or order employees to use their Annual Leave or take Unpaid Leave.

“This matter is in line with the order and statement issued by the Human Resources Ministry during the movement control order (MCO) in March,” he said in a brief statement today.

“However, employers can discuss with their employees over any actions and decisions taken for the sake of common interests,” he added.

He also said that those with further questions can contact the Department of Labour Peninsula Malaysia (JTKSM) through the phone numbers 03-8886 2352/03-8886 2409/03-8888 9111.  

On October 20, Senior Minister Datuk Seri Ismail Sabri Yaakob announced the work-from-home (WFH) directive for management and supervisory staff in both the private and public sector in CMCO areas from October 22 (today).

Yesterday, Minister of International Trade and Industry Datuk Seri Azmin Ali announced that the ministry will be allowing a maximum of 10 per cent of management and supervisory staff — involved in work such as accounting, finance, administration, law, planning and ICT — in the manufacturing, services and construction sectors in CMCO areas to be in the office for four hours a day only from 10am to 2pm, for three days a week.

Yesterday, Ismail Sabri said the work-from-home directive only applies to those involved in industries under Miti and in the government or public service.

He had said the rest — security personnel such as the police and army and informal sectors such as agriculture, plantation, food, hawkers, food stalls, restaurants, food courts, grocery stores, convenience stores and retail sector, public transport and food delivery services — are allowed to work as usual.

The CMCO is currently imposed for a two-week period on Sabah from October 13 to October 26, and on Selangor, Kuala Lumpur, and Putrajaya from October 14 to October 27, and on Labuan from October 17 to October 30.

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