MEF: Let Companies Decide on Flexible Working Arrangements

According to the Malaysian Employers Federation (MEF), not all businesses can adopt flexible working arrangements (FWA). Its president, Datuk Dr Syed Hussain Syed Husman, emphasised the need to recognise that organisations recruit workers to run and operate them.

He added that the final decision should stay in the hands of the companies, as various businesses have different structures and production needs.

 

Covering all bases before implementing FWA

According to him, some companies are based locally, while others are based abroad and are subject to (different) laws and restrictions. Therefore, one must be aware of this before attempting to alter the current workplace structure. One should also understand that not all organisations and systems are capable of change.

Syed Hussain said that FWAs could only be implemented if these problems are resolved, and some corporate sectors may be flexible while others may not.

He stated that the final decision depends on the industry and conditions of the specific business.

 

Malaysia's law on FWA

The FWA application must be submitted in writing and may include requests for adjustments to working hours, working days, and workplace location.

Since Malaysia began its shift to endemicity on April 1, several organisations, according to Syed Hussain, have started implementing new working procedures. The FWA arrangements in place included: 

• Hybrid or work-from-home, 

• Flexible hours, and 

• Staggered hours.

 

Making FWA effective and productive

Syed Hussain said that organisations that can consider the experience of working from home during the pandemic would gain from increased company productivity and sustainability. According to him, businesses are constantly rethinking new approaches to luring, keeping, and involving talent.

He claimed that the businesses were concerned about adopting an organised and sustainable FWA that also suited their particular line of work.

Due to the nature of their business, organisations use a variety of strategies to make their FWA effective, including: 

• Monitoring employee productivity and attendance, 

• Establishing a deadline for responding to work-related communications, and 

• Defining a minimum number of days that employees must spend in the office.

 

The issues with implementing FWA

Among the obstacles to FWA implementation are: 

• Top management's lack of commitment, and

• The management's difficulty in adjusting to new working models that incorporate FWAs 

A lack of engagement among employees may cause lower productivity and a higher turnover rate. Other challenges include: 

• Confidential data and information being compromised, 

• Difficulty in ensuring that employees' remote workspaces comply with OSH Act, 

• Difficulty in cultivating trust between managers and employees, and 

• Difficulty in ensuring that FWAs policy is for all workers to ensure that system is fair.

In addition, he claimed that because of their business models, most hospitality-related businesses, including hotels, restaurants, and manufacturers, cannot completely integrate remote working and FWAs for their staff.

 

Promoting FWA

Syed Hussain hoped that the government would help organisations in implementing and maintaining FWAs by outlining their rights and responsibilities, including:

• How to decide whether to grant an employee's request for an FWA, 

• How to reject their application, 

• What happens when an employer doesn't comply with an employee's request for an FWA, and 

• How to appeal a decision, if necessary.

In addition, he suggested that the government loosen up some appropriate restrictions and allow flexibility. He recommended that it should also hold awareness campaigns to inform businesses about all kinds of FWAs and how they may help them achieve their business goals and work as a talent attraction and retention strategy.

He added that the government should also provide brief information on FWAs, such as safety and health, best practices, job-related accidents that occur when employees work from home, and cybersecurity dangers.

He stated that the government should review current regulations in the Employment Act of 1955 to facilitate the provision of FWAs, such as Section 60a on the terms and conditions of working hours, holidays, rest periods, pay, and overtime to complement FWAs models.

According to Syed Hussain, the decision to approve an FWA rests with the Head of Department in an organisation, hence, HR and HODs must be knowledgeable in order to create an FWA policy that outlines the FWA's eligibility, expectations, and responsibilities.

He also suggested that the government put additional tax policies in place to pay for the procurement of gear and software necessary for people to work under FWAs.

Source: The Star