“With on-site work returning, all legal obligations will continue for both employees and employers,” said employment law and industrial relations expert, Datuk T. Thavalingam.
As for the bosses, he said they were under legal obligation to provide and maintain a safe working environment. Section 24 of the same Act sets out the duties of employees while at work which are to take reasonable care for the safety and health of themselves and to comply with any instruction or measure on occupational safety and health instituted by his employer.
In situations where it is not possible for all employees to be present for on-site work without breaking Covid-19 SOP, Thavalingam said employers could consider options such as allowing staff to work on a rotation system where possible and practical, as well as the work-from-home arrangement.“Measures must be taken to keep the workplace safe such as implementing mandatory vaccination and regular testing as well as having an SOP for those with symptoms. These protocols must be in place,” he said.
“Every organisation has to look at where it is currently, what business it is in, and how best it can serve customers. In a poll released last month by the Malaysian Employers Federation , about 70% of employers who responded to it indicated that they would operate in a hybrid fashion in the post-lockdown period.The MEF Quick Poll found that only 27.7% picked the normal and fixed-hours model, while flexible working hours received 20%, followed by shift work 19.9%, work from home only and staggered working hours/day .
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