Flexible Working Arrangement

Effective from January 1, 2023, the Employment Act 1955 in Malaysia has embraced the contemporary concept of Flexible Working Arrangement (FWA), also known as 'Work from Home' (WFH), to foster a healthier work-life balance.

The latest amendments, specifically Section 60P and Section 60Q, introduce provisions for FWA under the EA 1955:

a) Section 60P allows employees to apply for a flexible working arrangement to modify any of the three employment features:

• hours of work;
• days of work; or
• place of work.

b) Section 60Q outlines the application process for FWA as follows:

• The employee's FWA application must be submitted in writing, following the format determined by the Director General.
• Employers are required to approve or reject the application within 60 days from the date of receipt.
• A written notice of the decision must be provided to the employee.
• In the event of rejection, the employer must specify the grounds for refusal.

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