Employer association clarifies obligations under the Employment Act
Employers across Malaysia cannot automatically withhold wages from employees who are serving court-ordered community service, according to an employer association, as it clarified a section in the country's Employment Act.
The Malaysian Industrial Commercial Service Employers Association (MICSEA) made it clear that the Section 23 of the Act only states that employees cannot claim wages for time spent serving a prison sentence or attending court.
"There is currently no provision under Malaysian labour law that equates community service with imprisonment or court attendance for wage deduction purposes," said MICSEA president YK Lai in a statement quoted by New Straits Times.
"As such, employers are not entitled to automatically withhold wages under Section 23 merely because an employee is performing community service."
Lai issued the clarification amid recent court rulings ordering individuals convicted of littering under the Waste Management and Public Cleansing Act 2007 to carry out community service.
"The scheduling of such community service is arranged by the relevant authorities in accordance with court orders and may, in some cases, coincide with an employee's normal working hours," Lai said as quoted by Free Malaysia Today.
What can employers do?
The MICSEA president urged employers to take a "balanced approach" in handling these cases, suggesting the following measures:
- Verify the court order and community service schedule
- Engage in open communication
- Consider flexible work arrangements
- Apply wage adjustments strictly in accordance with the Employment Act
- Avoid punitive or arbitrary deductions
- Maintain proper documentation
The association further urged employers to allow the use of annual leave for employees perfoming their community service hours, according to the reports.
"Alternatively, employees may apply to utilise their available annual leave to perform their community service obligations, subject to the employer's approval and existing leave policies," Lai added.
