Flexible Working Arrangements: What employers should include in a Flexible Working Policy and other recommended documents

Pursuant to changes contained in the Employment (Amendment) Act 2022 (“the Amendment Act”), which the government has announced will come into force on 1 September 2022, employees in Malaysia will be allowed to apply to their employer for a Flexible Working Arrangement (“FWA”). (For a more comprehensive look at the changes under the Amendment Act, read my earlier article: “Malaysia Employment Act amendments: 7 key changes for employers to note”)

The introduction of FWAs under the Amendment Act is the first time that FWAs have been formally recognised in Malaysia, and may be the first of many such changes — the government has also shared that it is conducting studies on the feasibility of a four-day working week. Malaysian employers can expect FWAs to become more commonplace in the near future, and must start preparing now. Several of my clients are already putting in place the necessary flexible working policies and other related documents to not only ensure that they are not caught unprepared come the 1st of September, but also to lay the foundations for the anticipated changes in the next couple of years.

This article sets out the essential points that need to be covered in a Flexible Working Policy, and also other recommended administrative/HR documents that employers should strongly consider putting into place to smoothly accommodate FWAs.

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Lessons from Lockdown: How COVID-19 and remote working have changed the way we work

2020 has been the year of COVID-19. The pandemic has affected every aspect of life in almost every corner of the globe. Apart from the devastating impact on health and lives, and the effect on economies everywhere which may take years to recover from, COVID-19 has changed the way we work. Malaysia’s Movement Control Order (“MCO”) meant that from 18 March, most businesses had to cease on-site operations. Many other countries also enforced similar restrictions.

As a result of restrictions, people the world over have had to get used to working from home. While the concept of remote working isn’t new (it may come as a surprise to many that Tim Ferriss’ classic “The 4-Hour Workweek” was published 13 years ago), before these restrictions most industries had resisted the shift to working away from the office. The COVID-19 restrictions have forced even the staunchest luddites to adopt remote working.

We sought the views of the following four individuals with links to the legal industry across Asia-Pacific to hear about their work-from-home experiences:

  1. Crystal Wong, a partner in the Energy, Infrastructure & Projects and International Arbitration Practice Group at LHAG.
  2. Gaythri Raman, the Managing Director, Southeast Asia at LexisNexis.
  3. Jeannette Tam, a Senior Managing Associate at Bird & Bird Hong Kong.
  4. Zamir Hamdy Hamdan, the Asst Vice President for Stakeholder Management in Astro Malaysia‘s Human Capital Division.

We’re sure you’ll enjoy reading their insights.

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