PUTRAJAYA must disclose the action taken on hundreds of complaints by workers against their bosses for alleged violation of work-from-home rules during the total lockdown, Malaysia’s largest private-sector workers’ union centre told The Malaysian Insight.

These include making employees work overtime from home or forcing them to come to the office.

The Malaysian Trades Union Congress (MTUC) said the Human Resources Ministry must set a clear example to prevent worker exploitation while battling the Covid-19 pandemic.

“Don’t only take complaints but act against the errant employers. An example needs to be set,” said MTUC’s incumbent president, Abdul Halim Mansor.

“The government cannot just take complaints all the time. They need to act.”

Halim’s position in the union is still pending a fresh election after the result for the post tied last year. MTUC has not been able to hold the new election because of the movement control order (MCO).

Halim said the ministry must also issue clear guidelines on the work-from-home order for employers to follow.

“Set the record straight by telling the employers the dos and don’ts. Not all workers know their rights, so an explanation is needed,” he said.

Early this month, the ministry said it received 1,120 complaints against employers related to standard operating procedure (SOP) violations during the lockdown.

Minister M. Saravanan said among the complaints were those where employers had forced workers to do overtime. Some had also forced employees to be present in the office in numbers that exceeded the limit allowed under the SOP.

For the private sector, the SOP allows 60% of workers on site and 40% at home, with management to decide on which workers are needed on site.

The complaints were for the period from May 25 to June 3. A few areas, including Selangor and Kuala Lumpur, were already under lockdown ahead of the nationwide movement control order (MCO 3.0) that began on June 1.

Such cases are still happening even if workers do not lodge official complaints for fear of repercussions.

Clarice, an office manager at a security systems company, told The Malaysian Insight that her superior has been forcing workers to come to the office when their tasks can be performed at home.

The 37-year-old worker, who asked to be identified by her first name, said her bosses used the company’s approval letter from the Ministry of International Trade and Industry (Miti) to back up their demands that employees come to the office.

The letter, however, is to declare that a company is on the list of essential sectors and services allowed to operate during the MCO and to allow staff who need to be in the office to pass through police roadblocks.

“Actually, we can work from home, but the company does not allow that. The bosses say that since they have the approval letter from Miti, we have to come to the office,” said Clarice.

“The office is full of people. Though we are not forced to work overtime, we are told to be in the office.”

Jason, a digital marketer, also faces the same problem.

Those whose work can be done at home are still told to be present in the office, he said.

He and Clarice have not lodged a complaint as they fear their bosses would find out easily.

“Bosses can find out who lodges the complaint. Then, the workers will be in trouble,” said Jason, who also wants to be known by his first name.

Office secretary Ng Suzhen, however, said she and her colleagues have not been told to be in the office but they work longer hours at home.

“We have flexible working hours and some of us choose to work longer hours because we have the time,” said the 38-year-old.

“So far, I have not heard of anyone being forced to do overtime at home. It would be against the law if that happens.”

Trust issues

Bosses, however, want assurance that workers are not taking advantage of the lack of direct supervision when working from home.

The Malaysian Employers Federation (MEF) said there needs to be a system that both employers and employees can use while working from home during the lockdown to prevent or minimise distrust.

MEF president Shamsuddin Bardan said at the moment, there is no such mechanism. Employers want a way to ensure that workers are on the job for the eight hours they are supposed to put in.

“There needs to be trust but there is also mistrust. Employers cannot track their employees when they are not working in the office,” he said.

“Therefore, in some cases, employers are asking their staff to continue working even when the working hours are over.”

However, employers who demand overtime work from their workers at home must also pay them accordingly, he said.

“Employers cannot simply accuse their staff of not working for eight hours,” said Shamsuddin.

“There has to be a system or mechanism that can be used by both parties to avoid unwanted issues.”

Parti Sosialis Malaysia (PSM) workers bureau head M. Sivaranjani told The Malaysian Insight that employers could not force their employees to work after the working hours even if they offer overtime payment.

Workers still have the right to refuse overtime work and pay, he said.

“While I agree that this is a trust issue, workers have to be bold in saying no if they are forced to work overtime even if they are offered extra money,” he said.

“Bosses cannot force it (work overtime), the worker has to agree to it.”

She said PSM has also received several complaints on such matters.

“We encourage workers to settle the dispute internally by taking it up with management. If it fails to work out, then they can lodge a formal complaint with the Labour Department,” said Sivaranjani.

Under the work-from-home order, which began on May 25, 40% of private-sector workers must comply and for civil servants, the figure is 80%.

This will involve about 750,000 government workers and 6.1 million employees in the private sector. – June 22, 2021.