Flexible Working Arrangements (FWAs) in Malaysia: The Missing Dots

Abstract

Flexible Working Arrangements (FWAs) in Malaysia have gained prominence, particularly following the COVID-19 pandemic, which necessitated remote work practices. While the Employment Act 1955 allows employees to request FWAs, challenges remain in implementation. Key issues include the need for clear policies on contract modifications, social security, and occupational health and safety. Many employees express a desire for FWAs, yet actual adoption is inconsistent across sectors. Furthermore, the concept of a "right to disconnect" is emerging as a critical consideration, addressing mental health concerns associated with remote work. The right to disconnect (RTD) was regulated in France in 2017. Unfortunately, Malaysia's policymakers overlooked embedding the RTD when the Employment Act was amended in 2022. Comprehensive legal frameworks are essential for effective FWA integration in Malaysia's evolving workforce.