What Employers Need to Know About Vaccination in Malaysia

Did you know that from April 1 to May 26 this year, the biggest contributor to the Covid-19 workplace clusters is the manufacturing sector, with 46% of all workplace clusters?

We are edging closer to the end of the first total lockdown of the movement control order (MCO) 3.0. Employers ponder if they should do more to ensure that their workplaces are free from Covid-19. They are also wondering to what extent can they impose requirements that may infringe on workers' rights, especially now that the vaccine has become available. 

 

1. Employers cannot make vaccination mandatory for workers.

As of writing, there isn't any statutory provision that enables companies to create a mandatory vaccination policy before entering the workplace or starting employment. 

The Malaysian government also has not made vaccination mandatory for the people. Therefore without legal backing, employers do not have the authority to make it mandatory for workers. In fact, they may infringe an employee's right if they impose such a policy. 

 

2. Workers can refuse vaccination.

Workers may opt-out of vaccination for medical, religious, or safety reasons and do not need to provide a reason for their decision.

 

3. Employers in Sarawak are obligated to register their workers for the National COVID-19 Immunisation Programme (PICK).

In Sarawak, all employers, including in the services, construction, hospitality, plantation, and manufacturing sector, must register their staff for PICK. 

 

4. Employers may purchase vaccines in the future.

Recently, the Selangor state government, via the Selangkah VAX website, has allowed employers to purchase the vaccine for their workforce.

Prime Minister Muhyiddin Yassin also allowed private entities to purchase vaccines as long as they receive the National Pharmaceutical Regulatory Agency's (NPRA) approval. 

The Ministry of International Trade and Industry (MITI) also introduced two models of vaccinating workers in the manufacturing and related services sectors:

• The public-private partnership (PPP) immunisation model.
• The private immunisation model (special request) for business travellers.

The PPP immunisation model aims at local and foreign workers from the manufacturing and related services sector. Meanwhile, the private immunisation model aims at local employees or expatriates with employment passes and directors with proof of importance of travel to be provided with priority vaccination for business purposes.

More employers are looking to purchase vaccines for their workers.

5. Employers are encouraged to provide vaccine leave for workers. 

The Ministry of Human Resources has encouraged employers to provide vaccine leave to their workers to attend their vaccine appointments. But, employers have the freedom to decide whether to provide it or not. 

 

6. Employers may incentivise their workers to get vaccinated. 

Employers can encourage their workers to get the vaccine by giving them incentives, such as:

• Vaccine leave as paid leave,
• Covering the cost of taking the vaccine now that private companies can procure the vaccine,
• Provide vaccine bonuses or incentives, and
• Gift cards or care packages.

A company in Penang even paid its staff RM150 to register for vaccination.

Employers incentivising vaccination could expose them to liability issues as vaccinations are not risk-free. If an employee develops serious side-effects from vaccination, they may accuse the employer of being responsible for it.

The most reasonable way is to run a campaign to raise awareness about the importance of immunisation. Employers should communicate the available incentives, highlight that they do not warrant the vaccine's safety and that only the employees can make the decision. 

 

7. Employers should not ask employees or visitors to reveal their vaccination status. 

The Personal Data Protection Act 2010 (PDPA) says that "sensitive personal data" includes any personal data consisting of information regarding the employee's or visitor's physical health or condition. Their Covid-19 vaccination status would fall under the definition of "sensitive personal data" under PDPA. 

Therefore, employers should not require employees or visitors to provide vaccination status details as the PDPA Notice and Consent forms cover it. 

Employers must first get the employee's or visitor's explicit consent before receiving sensitive personal data. 

 

8. Compensation for employees who develop side effects from the vaccine.

The Malaysian government announced a Covid-19 vaccine injury fund to compensate those who might develop side effects from the vaccine. Vaccine recipients who experience severe side effects that require lengthy treatment in the hospital will receive RM50,000. Meanwhile, vaccine recipients who suffer permanent impairments or death will receive RM500,000.

 

The Covid-19 pandemic in Malaysia continues to be a lengthy fight as we race towards herd immunity. As the country receives more vaccine doses and many more on the way, everyone remains hopeful that the cases will drop and more people will gain access to vaccines. 

 

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