Employment & Sustainability during MCO: FAQ (Online Training)

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Course Objectives

This online session will be focusing on Frequently Asked Questions on Employment during MCO.

We have prepared the following FAQs, which have been updated in line with latest guidelines and regulations, which we hope will assist you with some of the issues that you may be facing during the Period. Please note though that the FAQs do not constitute legal advice and as the situation remain fluid and further information is awaited from the Ministry of Human Resources in particular, the legal position may change in the near future.

Target Audience

HR managers, HR personnel involved, any management role keen on this topic.

Methodology

This Live Online / Virtual Training session will be conducted via a Live Streaming Platform in which the trainer will use interactive lecture and slide presentation to cover the modules stated below.

The FAQ 

  • 1. Remuneration during MCO
  • 2. Working from home/remotely
  • 3. Can an employment contract be terminated?
  • 4. Alternative approaches
  • 5. Do employers have to close their businesses and/or places of employment?
  • 6. What are the essential services?
  • 7. Since there is no prohibition on carrying on business remotely, can employers organise face-to-face meetings with employees, either in smaller groups or one-on-one?
  • 8. Can employers deduct the employees’ annual leave entitlement or enforce unpaid leave during this Period as a result of the MCO?
  • 9. Are employees entitled to the same salary or benefits during this Period?
  • 10. Are employees required to pay the full salaries of their employees who cannot work from home or are not required to be on standby?
  • 11. What about employees currently on sick leave and maternity leave during the Period?
  • 12. Can employers require their employees to come back to work during the Period if the employers’ business falls under the essential services identified under the Regulations?
  • 13. Can employees travel on business during the Period?
  • 14. How should employers deal with Malaysian employees who return from overseas during this Period?
  • 15. Are any of the events surrounding the MCO grounds for an employee claiming compassionate leave?
  • 16. Can employers retrench, temporarily lay-off and/or impose pay cuts as cost-cutting measures?
  • 17. Is the Lembaga Hasil Dalam Negeri/Inland Revenue Board (“LHDN”) giving any accommodation to submission and payment of tax?
  • 18. Are employees entitled to withdraw their EPF savings as a result of the Covid-19 pandemic?
  • 19. Is the construction sector (construction or renovation work) subjected to the MCO?
  • 20. Is there an exception for the construction and maintenance industry?
  • 21. What does critical work mean?
  • 22. What are the kind of work constitutes critical works?
  • 23. What action can be taken if an employer does not comply with the MCO?
  • 24. An employer does not pay an employee’s salary if the worker does not come to work.
  • 25. Does an employer have to pay salaries during the 14-day duration of the MCO?
  • 26. If an employer deducts salaries, lay off workers, or forces employees to take annual leave based on reasons that business has been affected due to Covid-19 or have failed to pay an employee’s full salary throughout the MCO, can an employee assume that there has been a breach of contract and if their services terminated as a constructive dismissal?
  • 27. Can an employer force employee to take annual leave or by deducting their annual leave during the MCO period?
  • 28. Can a union bring issues related to the failure of employers to pay wages or against employers who compelled workers to take annual leave as a business dispute under Section 18 of the Industrial Relations Act 1967?
  • 29. Can an employer affected by Covid-19 such as airlines cut wages to avoid employees from being laid off?
  • 30. Can a company which is required to close due to the MCO instructs its employees to work from home? And if the employee refuses to comply, can the employer take disciplinary action?
  • 31. Can employees consider that their services have been terminated without any reason or a valid excuse, submit a representation termination of work via email or fax, to any office of the Industrial Relations during the MCO?
  • 32. As my Company has been granted exemption with conditions, part of our workforce is required to work while some, due to the nature of their work, are not. All employees however, are required to be paid their wages. This seems unfair to the category of employees that are required to work and has created an unhealthy climate in the Company. How do we manage this?
  • 33. What if the employees who are required to work refuse to report for duty because they do not want to contract Covid-19?
  • 34. How will we pay salaries out by the end of the month if we are not allowed to work?
  • 35. Can the security guards at my facilities continue working to protect our assets?
  • 36. I have an employee ending their employment during the RMO/MCO. What is the impact?
  • 37. Do I have to pay the subcontractors who are not my employees working at my premises?
  • 38. Since my employee could not come to office for payroll, I can’t pay wages on time. What can I do?
  • 39. Can non-Malaysians travel overseas?
  • 40. Can an employer affected by Covid-19 take action by retrenching workers?
  • 41. What other steps that can be undertaken when the RMO/MCO has caused the company financial difficulties?
  • 42. Can the 14-day MCO be considered as a frustration of contract?
  • 43. Come 1 April 2020, regardless of whether the RMO/MCO is extended or not, our Company has decided to temporarily shut down as we cannot afford to pay wages for a certain time – What steps should we take?
  • 44. What if my employees have an accident at home while working from home?
  • 45. I have a newly recruited staff who is supposed to report for duty today based on his offer letter. Can the company postpone their joining date or not pay them during this period?
  • 46. We have recently offered a candidate to join the Company. But due to the RMO/MCO, we have decided to freeze all recruitment and rescind the offer. What can we do?
  • 47. The Employment Retention Programme (ERP) by EIS
  • 48. What other measure can the impact towards the employees be cushioned?
  • 49. Can due inquiry e.g. Issuance of show cause letter continue during this period?
  • 50. The Company wishes to end a fix term contract with an employee. Does it have to pay the balance of such contract or is it sufficient to merely give notice?

Get To Know The Trainer

Trainer Mathy

Trainer Mathy

 

Mathy holds a Masters in Human Resource Development (majoring in Training & Development) from University Putra Malaysia. She brings with her more than 18 years of working experience in training and consultancy. Mathy is an experienced facilitator with over 18 years in-house corporate experience around Asia. She is passionate about learning and development and has been working in this space for ten years focusing on Change, Culture and People.

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THIS PUBLIC COURSE INCLUDES

  • 4 hours of Live Online / Virtual Training
  • E-WorkBook
  • Mgmt. of Job Termination Guidelines
  • HR Ministry Slides Reference
    (provided after training session only)

CLASS DETAILS

  • 30 Days of Email Support​
  • 1 or 15 pax, same price
  • Confirmed-to-run even for 1 pax
  • HRDF Certified & Claimable

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RM1,550/DAY

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