Flexible Working Arrangement: Can Employees Request It?

Written by: Izz Murtada

Many people in Malaysia want more freedom in how they work. Some need to send children to school in the morning. Some want to avoid the long traffic jam. Others simply work better from home. The good news is that the law now speaks about this. Let us look at what the Employment Act 1955 (Act 265) says, in simple words.

1. What Is a Flexible Working Arrangement?

A flexible working arrangement means a change to the way you normally work. Under the Act, the change can be to your hours of work, your days of work, or your place of work.

For example, instead of starting at 9am, you may ask to start at 8am and finish earlier. Or instead of coming to the office every day, you may ask to work from home on some days.

This is found in Part XIIC of the Act, in section 60P.

2. Who Can Request Flexible Working Arrangements?

Section 60P says that an employee may apply to the employer for a flexible working arrangement. So the right to apply is given to employees who are covered by the Act.

There are two small points to remember.

• The request must follow Part XII of the Act and the contract of service. Part XII sets some rules on working hours. For example, an employee should not be required to work more than 8 hours in one day or more than 45 hours in one week, and should have a rest break after five hours of work. A flexible arrangement cannot go against these rules.
• If your workplace has a collective agreement (an agreement between the employer and a union), your request must follow what is written in that agreement.

Please note that the Act gives employees the right to apply. It does not say the employer must always say yes.

3. Types of Flexible Working Arrangements

The Act mentions three areas that can be changed.

Flexible working hours
This means changing the time you start and finish work. For example, you may ask to work from 8am to 5pm instead of 9am to 6pm. The number of working hours stays the same. Only the timing changes.

Flexible working days
This means changing the days you work. For example, you may ask to work on a different set of days in the week, as long as the total work and rest days still follow the law. Every employee must still get one full rest day each week.

Working from home
The Act speaks about the “place of work”. This means an employee can ask to work from home or from another place, instead of only at the office. Many companies call this remote work or hybrid work.

4. How Can Employees Make a Request?

The steps are simple.

1. Write it down. Section 60Q says the request must be made in writing. A talk in the corridor or a WhatsApp message in passing is not enough. The form and manner can be set by the Director General of Labour, so please check if there is a standard form to use.
2. Be clear. State what you want to change (hours, days or place), when you want it to start, and for how long.
3. Give a reason. The Act does not force you to give a reason, but a short and honest reason helps your employer understand. For example, “I need to fetch my child from school at 3pm.”
4. Keep a copy. This will help if there is any question later.

Then, wait for the reply. The employer has up to 60 days from the day the request is received to approve or refuse it.

5. Can Employers Reject a Flexible Working Arrangement Request?

Yes, an employer can refuse. The Act says the employer must either approve or refuse the request within 60 days from the date it receives the request.

But the employer must follow some rules when answering.

• The answer must be given in writing.
• If the employer says no, the employer must state the ground (the reason) for the refusal.

This means the employer cannot ignore your request or give a vague reply. The reason must be written clearly. Good employers will think carefully, look at the needs of the business, and explain the decision in a fair way.

A tip for employers: Do not reject a request just because “we have never done it before”. Look at the job, the team and the work. Sometimes a small trial period can show whether the arrangement works for both sides.

A tip for employees: If your request is refused, stay calm. Ask if a smaller change is possible. For example, if working from home five days a week is not possible, maybe two days a week can work.

Final Words

Flexible working arrangements can make work life better for many Malaysians, and they can also help businesses keep good staff. The law gives employees the right to ask, and it gives employers a clear duty to reply in writing within 60 days.

If you are an employer and you are not sure how to write a flexible working policy, or how to answer a request in the right way, Kita Strategies is here to help. We are an HR company that works with businesses to build simple and fair HR policies, so that both employers and employees feel confident. Feel free to reach out to us for a chat anytime.