Miti’s work-from-home FAQ: CMCO employers can’t change 10am to 2pm permitted office hours for management; taking turns allowed

 

A general view of the streets during the conditional movement control order (CMCO) in Kuala Lumpur on October 20, 2020. — Picture by Miera Zulyana

KUALA LUMPUR, Oct 22 — Employers in conditional movement control order (CMCO) areas have to follow the 10am to 2pm timing for when the maximum 10 per cent of their management and supervisory staff are allowed in office throughout the CMCO period, the Ministry of International Trade and Industry (Miti) said today.

Today was the first day of when the government’s work-from-home (WFH) order for management and supervisory staff of companies in CMCO areas kicked in. The government had first announced this on Tuesday and provided some details yesterday.

In a list of frequently asked questions (FAQ) released tonight on its Facebook page, Miti stressed that it is compulsory for industries in CMCO areas to practise the WFH policy for its management and supervisory staff who carry out tasks such as those related to accounting, finance, administration, law, planning and ICT.

Miti reaffirmed that only 10 per cent of such management and supervisory staff are allowed to be in the office for three days a week, and with four hours only for each day from 10am to 2pm.

In addressing the question of whether employers would be able to change this permitted office timing for the 10 per cent of management and supervisory staff, Miti said: “No. Employers have to comply with the rules on the frequency and duration of work at office which is a maximum of three days a week for four hours each day from 10am to 2pm.”

As to how this would work out in practice, Miti gave an example: “For example, if there are 10 or less within the management and supervisory group, only one is allowed to come to the office at any one time.”

Miti indicated, however, that taking turns to come to the office is allowed for such staff.

“The company can carry out a rotation system to determine the representatives from the management and supervisory group that have to be present in the office. The company is also advised to prepare a list of workers that are involved for work from home and also in company operations for the reference of the authorities, if required,” Miti’s FAQ read.

Miti also said that employers are required to issue a letter of approval for travel for each employee that is allowed to work during the CMCO.

As for who would fall under the category of management and supervisory staff, Miti said this would be “subject to company policy”.

The employees’ work from home would also be according to the procedure or guidelines determined by the employer according to the needs of the respective companies, Miti said.

In the same set of FAQs, Miti addressed the question of what the employer could do if an employee does not want to come for work and wants to work from home, stating: “The employer can take action based on discretion and the company’s procedure based on the related government policy and Act. For any further questions on this, please refer to the Department of Labour.”

CMCO is currently imposed on Sabah from October 13 to October 26, and on Selangor, Kuala Lumpur, and Putrajaya from October 14 to October 27, and on Labuan from October 17 to October 30.

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- malaymail