Flexible Working Arrangements (FWAs) in Malaysia: The Missing Component of the Right to Disconnect

Abstract

Flexible Working Arrangements (FWAs), particularly working from home, are important to maintain a better work-life balance. The government of Malaysia has recently amended the Employment Act 1955 (Act 266) by incorporating the right of the employees to request for FWAs. However, the authors submit that the policymakers should have incorporated the right to disconnect (RTD) in the recent amendment. Thus, it is the objective of this article to explore the provisions of RTD as recently accepted in France and a few European Union (EU) countries; and the possibility of introducing the RTD into Malaysian legislation. In accomplishing the aim of this article, a doctrinal legal research methodology is deployed. It is submitted here that despite incorporating the FWAs in the Employment Act 1955, the policymakers should have embedded RTD as well. Otherwise, the employees’ work-life balance is at stake. It is concluded that man-made law is not sacrosanct. It must be modified over time to suit the changes in society. The findings will help in advancing the existing body of knowledge and give some ideas to the policymakers, especially the officers at the Ministry of Human Resources and the trade union officials.