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FAQs on Movement Control Order By Human Resource Ministry

FAQs on Movement Control Order By Human Resource Ministry

Hamzah Nazari

1. If my employer forces me to come to work between March 18 and 31, 2020, what should I do?

Yes[sic]. Employees working in essential services as stated in Appendix 1, must attend to work under the Prevention and Control of Infectious Diseases (Measures Within the Infectious Diseases Area) 2020 under the Prevention and Control of Infectious Diseases (Act 342) . The employer must take the following steps:

i. Employers must reduce the number of employees to a minimum or at least 50% of the current rate.

ii. The employer ensures that the workers’ movement is restricted.

iii. Employers must provide body temperature checks, and take daily body temperature readings.

iv. Employees must adhere to the COVID-19 prevention procedures prescribed by MOH and issued from time-to-time.

v. The employer must provide hand sanitizer.

vi. The employer performs the necessary sanitation and cleaning processes.

vii. Companies must ensure that social distancing best practice guidelines are in place and implemented.

Reports to the nearest police station may be made if the employer who is not listed as a non-essential service (as in Appendix 2) is still operating and directing the employee to be present during the period.

2. Under this Movement Control Order, is the employer obligated to pay the workers’ wages during the period from 18 to 31 March 2020?

Yes, employers must pay full wages. Daily wage workers must be paid according to the agreed wage rates between employers and employees in the latest offer / service contract / wage increase letter. For workers whose salaries are not fixed then their daily wage should be not less than the minimum wage as per the Minimum Wages Order 2020.

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3. If my employer refuses to pay my salary during that period, what can I do?

Employees can submit complaints online through the Department of Labor (JTK) official email. Please provide complete information on the complaint to facilitate complaints management by JTK. Workers can also make their own complaint to the nearest Labor Office upon the completion of the Movement Control Order. However, an investigation into the complaint will take place after the end of this order.

4. As an employer, do I have to pay workers’ salaries during that period?

Yes, employers are obligated to pay wages during the period as the service contract is still ongoing.

5. If an employee is outside the scope of the Employment Act 1955 / Labor Ordinance (Sabah Chapter 67) / Labor Ordinance (Sarawak Chapter 76), does the employer have to pay the employee’s wages for that period?

Yes, employers are obligated to pay wages / salaries as this is included in the contract of service agreed between employer and employee.

6. Can the employer compel employees to take annual or unpaid leave during the period?

They cannot because the order has been made under the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

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7. Am I entitled to claim the RM600 incentive as announced by the government in exchange for the salary the employer is supposed to pay during the duration of this order?

The RM600 incentive does not apply for the duration of this order because the minimum eligibility period is one month.

8. If an employer is listed in the essential services do I have to pay the workers’ wages if the worker REFUSES to to work during the duration of this Movement Control Order?

The worker does not have to be paid salaries.

9. Can an employer require workers to work from home?

Yes, for work that is appropriate and can be done from home.

10. If a worker is working from home do I have to pay my workers’ wages along with their allowance?

Yes, workers’ salaries and related allowances should be paid.

11. If the employer disobeys this Movement Control Order, is it an offence?

Yes, it is a criminal offense under Regulation 7 of the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Area) 2020, punishable by a fine not exceeding RM1,000 or to imprisonment for a term not exceeding 6 months, or both.

This list will be updated from time to time.

12. Any questions regarding these issues can be referred to:

Occupational Monitoring Room Covid-19 KSM
Department of Peninsular Malaysia
Level 5 Block D3 Complex D
Ministry of Human Resources
62530 Putrajaya
Phone: 03-8889 2359/8886 2409/8890 3404
Email: jtksm@mohr.gov.my / jtknsabah@mohr.gov.my / jtknsarawak@mohr.gov.my

THE MINISTRY OF HUMAN RESOURCES

March 19, 2020

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APPENDIX 1

A. List of Essential Items recognized by the Ministry of Health (MOH)

Products

1. Food and beverages including imported goods
– Rice
– Sugar
– Vegetable oils and animal fats
– Flour and cereals
– Bread
– Water
– Dairy products – milk and baby formula
– Spices
– Dry food
– Coffee and tea
– Canned foods
– Meat
– Chicken
– Animal / livestock feed
– Processed fruits and vegetables

2. Agriculture and fisheries, including imports
– Fish and seafood
– Fruits
– Vegetables

3. Household products
– Cleaning materials
– Antibacterial materials
– Sanitisers
– Personal care items
– Toilet and tissue paper

4. Personal Protective Equipment (PPE) including Fire Safety and Medical Equipment including face masks, rubber gloves.

5. Pharmaceuticals – all chemicals and medicines

6. Packaging and printing materials, including ink

7. Medical and surgical devices

8. Parts for medical devices such as parts for ventilators

Products

B. List Of Products That Are Part Of The Key Product Supply Chain For Movement Control Exceptions

1. Oil and Gas

2. Petrochemistry
– PTA & PET resin
– Polyester fiber & filament
– Polypropylene & polyethylene
– ABS & MABS resin
– Maleic Anhydride
– PVC Paste Resins
– Expanded EPE
– Impact modifiers & processing aids
– Styrene Monomer
– Styrene Butadiene Latex
– Polystyrene

3. Chemicals and products – Fertilizers and Poisons

4. Electrical & Electronics (E&E) including semiconductors


APPENDIX 2

CONDITIONS FOR COMPANIES APPROVED TO OPERATE

i. Companies must reduce the number of employees to a minimum or at least 50% of the current or registered amount, for output within the period of the Movement Control Order (CPP). Companies should establish a home-based work system for workers not involved in critical manufacturing activities.

ii. The company is required to meet the demand and needs for the product or service in the local market fully.

iii. The company must submit to MITI the list of workers involved during the MCO period and ensure that the movement of workers is restricted to only travelling between home and factory / premises.

iv. Companies should provide body temperature readers, and take daily body temperature readings at the factory / premises entrance. Readings per employee should be recorded and kept for reference.

v. If body temperature is found to exceed normal readings, the company should contact the nearest Government Health Office or Hospital.

vi. All employees must adhere to the COVID-19 prevention procedures prescribed by MOH and issued from time to time.

vii. The company shall provide hand sanitizer at the entrance and other relevant places within the plant / premises, as well as ensure the use of face masks by each employee.

viii. The sanitation and cleaning process should be carried out three (3) times a day especially in common spaces such as the lobby, elevator, cafeteria, meeting rooms, prayer rooms, bus / staff transport and indoor recreation center.

ix. The company must conduct a disinfection sanitation process at the factory / premises before each shift or when operation begins.

x. The company must ensure that work vehicles undergo a sanitation and disinfection process each time before use.

xi. Companies should ensure that social distancing best practice guidelines are in place and are implemented particularly in production floor areas; cafeteria / canteen; meeting rooms; multipurpose hall

xii. In the event of an employee being infected with COVID-19, the company is responsible for the full costs of all medical expenses, the process of disinfecting premises, and other related costs.

xiii. The Government would like to emphasize that this approval can be cancelled and revoked if the conditions specified are not complied with by the company / industry.

xiv. The Government reserves the right to amend the above conditions subject to updated circumstances.

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