‘No' to regulating after-hours engagement
PETALING JAYA: The Malaysian Employers Federation (MEF) has weighed in on the rising debate around the need to regulate after-hours work-related communication.
MEF president Datuk Syed Hussain Syed Husman emphasised that while employee well-being must be respected, rigid laws could negatively impact business flexibility and competitiveness.
'While the Employment Act 1955 outlines clear parameters for working hours and overtime, it does not specifically address after-hours digital communication, especially with the rise of remote and flexible work arrangements.
'Employers should cultivate a workplace culture that respects personal time, while also ensuring continuity in urgent situations,' he said.
According to MEF, a one-size-fits-all 'right to disconnect' policy is unsuitable for Malaysia's diverse economic landscape.
The federation supports flexible, company-specific policies crafted through mutual understanding between employers and employees.
'The goal should be to promote well-being and productivity, not bureaucracy and disruption,' he added.
Syed Hussain said many employers now realise frequent after-hours engagement can lead to burnout, low morale and reduced productivity.
However, he acknowledged that certain roles, such as customer service, crisis response and international operations may require after-hours availability.
Despite concerns, MEF does not support amending the Employment Act 1955 to include clauses restricting after-hours communication.
'Such amendments would disrupt operational flexibility, particularly for sectors with global clients, 24/7 operations or critical response needs.'
He warned blanket legal provisions could lead to unintended consequences, such as reduced responsiveness, weakened client relationships and disrupted real-time coordination.
Instead, MEF promotes internal policies, awareness-building and voluntary best practices as more practical solutions.
It also outlined several challenges employers would face if a 'right to disconnect' law were implemented.
One significant concern is operational inflexibility, especially in healthcare, logistics, IT and finance sectors that operate beyond standard hours and rely heavily on timely communication.
Another challenge is the potential reduction in global competitiveness. Delayed responses to international clients could harm business relationships and impact a company's standing in the global market.
He also said the mismatch between rigid laws and job functions where after-hours engagement is often necessary, such as for senior executives or sales personnel.
Additionally, legal ambiguity in defining what exactly constitutes 'work-related communication' could lead to disputes and confusion between employers and employees.
There is also the administrative burden to consider.
Employers would need to revise employment contracts, implement tracking systems and invest in compliance infrastructure – a task especially challenging for micro, small and medium enterprises.
Instead of legislation, MEF encourages organisations to adopt internal guidelines that clearly define urgent versus non-urgent communication, set reasonable expectations and promote the use of scheduling tools to delay email dispatches after working hours.
MEF firmly believes that any policy around after-hours communication should be tailored by sector, allowing critical industries like healthcare and logistics to retain operational flexibility.
'We're open to collaborating with the Human Resources Ministry, Malaysian Trade Union Congress and other stakeholders to develop sector-specific guidelines that ensure operational needs are met,' Syed Hussain said.
He also recommended training for managers on respectful communication practices and promoting digital wellness without compromising productivity.
Syed Hussain urged all stakeholders to strive for a fair and flexible approach. 'The workforce is our greatest asset.
'By fostering respect, flexibility, and clear communication, we can create a sustainable work culture,' he said.
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