LETTERS The enforcement of the Movement Control Order (MCO) is unprecedented in modern Malaysia. Some Malaysians may recall something remotely similar in 1969.
This could be the only rational action to possibly contain the virus that mushrooms at the speed of light. It seems like a warranted step in light of the drastic rise in cases.
However, since the order was announced, many employers have forced employees to take unpaid leave. Airline staff are at a particular disadvantage here. About 13,000 Malaysia Airlines (MAS) employees were forced to take unpaid leave due to the Covid-19 pandemic.
Their position is much more fraught compared with those of us who are affected for two weeks beginning March 18 as there is no clear end date to the unpaid leave period.
It’s a given that workplaces are now a minefield in terms of contracting the highly infectious virus and, for that reason, the MCO is necessary for non-essential services.
Keeping this in mind, forced and unpaid leave places employees in a position of much uncertainty. An issue that arises here is that the legality of this rests on shaky grounds.
The Employment Act 1955 (which only applies to certain sectors of the workforce and further does not apply to West Malaysia) accounts for sick leave under Section 60F, where an employee is entitled to such leave if upon examination the employee is found to be ill. This provision though applies to employees who are ill and is limited to a maximum of 14 days.
The MCO is made under the Prevention of Infectious Diseases Act 1988 and the Police Act 1967. Section 18 “Disinfection and Closure of Premises” and Section 31 “Power to make regulations” of the Prevention of Infectious Diseases Act 1988 are of particular interest here.
The uniqueness of this situation will serve as a precedent for the future but employees at present do not appear to have any tangible legal redress in the event that they are put on unpaid leave. In this respect, the government has promised RM600 for such employees.
This might reduce the burden of what might feel like semi-unemployment during what could be considered as a national crisis. For those of us who are unclear as to what constitutes essential services, Schedule 1 of the Industrial Relations Act 1967 has made the rounds on social media.
Essential services here are banking; electricity, fire and rescue; port, dock, harbour and airport; postal, prison; production, refining, storage, supply and distribution; public health; public waste management services; radio communication; telecommunications; transport; water; services provided by departments of government in Chemistry, Civil Aviation, Customs and Excise, Immigration, Marine, Meteorology and Printing; services that are connected to the Royal Malaysia Police; businesses and industries connected to defence and security; any section of service which the safety of employees depends on; and industries declared by the minister in the gazette as essential to the economy.
The schedule is quite distinct in its division of essential services, and further the prime minister has also elucidated on the services that would continue despite the MCO. The rest of us have to practise social distancing and not take this time to be a government-mandated holiday.
This is neither a lockdown nor a curfew. We can still buy groceries, supermarkets and sundry shops are still open. We cannot travel outside of the country for the duration of the MCO and group leisurely activities are banned. So no coffee shop get-togethers for now.
PARVEEN KAUR HARNAM
KUALA LUMPUR