Legal issues of working from home amid the Covid-19 pandemic in Malaysia

Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working ou...

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Main Authors: Abdul Wahab, Harlida, Abd Razak, Siti Suraya, Nik Mahmod, Nik Ahmad Kamal
Format: Article
Language:English
Published: UUM Press 2022
Subjects:
Online Access:https://repo.uum.edu.my/id/eprint/29099/1/UUMJLS%2013%2002%202022%20163-186.pdf
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author Abdul Wahab, Harlida
Abd Razak, Siti Suraya
Nik Mahmod, Nik Ahmad Kamal
author_facet Abdul Wahab, Harlida
Abd Razak, Siti Suraya
Nik Mahmod, Nik Ahmad Kamal
author_sort Abdul Wahab, Harlida
collection UUM
description Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working outside and remote from their organisations. The mandated WFH has changed the working scenario without confirming whether employers and employees are prepared for this new norm. However, the WFH arrangement requires legal consideration as its arrangement needed a legal predicament. The concern over WFH must be addressed on the grounds of managerial rights and boundaries besides determining the rights of employees while working remotely. From the legal viewpoint, there is a question of whether the existing labour law in Malaysia is accommodating to the WFH practice. Hence, this paper aims to examine the employment-related matters concerning WFH practice in Malaysia on employment terms like wages and leaves, matters on safety and health, social security, and confidentiality and security of information. This study applied a doctrinal approach using authoritative legal texts in solving the legal problems that arise from WFH. The analysis of legal provisions and case studies were employed to present the benefits of the employment relationship and industrial relations in the changing employment landscape and work culture linked to WFH.
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spelling uum-290992023-01-31T08:20:49Z https://repo.uum.edu.my/id/eprint/29099/ Legal issues of working from home amid the Covid-19 pandemic in Malaysia Abdul Wahab, Harlida Abd Razak, Siti Suraya Nik Mahmod, Nik Ahmad Kamal K Law (General) Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working outside and remote from their organisations. The mandated WFH has changed the working scenario without confirming whether employers and employees are prepared for this new norm. However, the WFH arrangement requires legal consideration as its arrangement needed a legal predicament. The concern over WFH must be addressed on the grounds of managerial rights and boundaries besides determining the rights of employees while working remotely. From the legal viewpoint, there is a question of whether the existing labour law in Malaysia is accommodating to the WFH practice. Hence, this paper aims to examine the employment-related matters concerning WFH practice in Malaysia on employment terms like wages and leaves, matters on safety and health, social security, and confidentiality and security of information. This study applied a doctrinal approach using authoritative legal texts in solving the legal problems that arise from WFH. The analysis of legal provisions and case studies were employed to present the benefits of the employment relationship and industrial relations in the changing employment landscape and work culture linked to WFH. UUM Press 2022 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/29099/1/UUMJLS%2013%2002%202022%20163-186.pdf Abdul Wahab, Harlida and Abd Razak, Siti Suraya and Nik Mahmod, Nik Ahmad Kamal (2022) Legal issues of working from home amid the Covid-19 pandemic in Malaysia. UUM Journal of Legal Studies (UUMJLS), 13 (1). pp. 163-186. ISSN 2229-984X
spellingShingle K Law (General)
Abdul Wahab, Harlida
Abd Razak, Siti Suraya
Nik Mahmod, Nik Ahmad Kamal
Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title_full Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title_fullStr Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title_full_unstemmed Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title_short Legal issues of working from home amid the Covid-19 pandemic in Malaysia
title_sort legal issues of working from home amid the covid 19 pandemic in malaysia
topic K Law (General)
url https://repo.uum.edu.my/id/eprint/29099/1/UUMJLS%2013%2002%202022%20163-186.pdf
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