Flexible Working and Hybrid Work Policy for Malaysian Employers

More employees now ask to change when or where they work. Under the 2022 amendments to the Employment Act, employees can submit a written request to vary their hours, days or place of work. The Act does not oblige employers to agree, but a refusal should be reasoned and handled fairly. A written policy makes this much easier.

Weekly hours

The Act now sets the normal maximum at 45 hours per week for covered employees. Any flexible pattern should keep within the legal limits and your overtime rules.

What a good hybrid policy covers

• Eligibility: which roles can work flexibly, and any service or performance conditions.
• Pattern: office days, remote days, core hours and availability.
• Application process: how to apply in writing, who decides and how long a reply takes.
• Equipment and costs: who provides laptops and connectivity, and what is reimbursed.
• Data security and confidentiality: device rules, secure access and handling of customer information.
• Performance: how output is measured so remote work is judged on results.
• Safety and reporting: how to report an injury or issue when working away from the office.
• Review: a trial period and a right for both sides to review or change the arrangement.

Handling a request

1. Ask the employee to put the request in writing with the pattern proposed.
2. Consider the role, team needs, customers and security.
3. Reply in writing. If you decline, give clear business reasons. If you agree, consider a trial.
4. Record the arrangement and revisit it after a set period.

Avoid inconsistency

Treat similar roles alike, and write down the reasons for each decision. This protects fairness and reduces complaints.

This article is general information, not legal advice. Check the latest official guidance (HRD Corp, Ministry of Human Resources, Labour Department) for your situation.

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