MOVEMENT CONTROL ORDER (PERINTAH KAWALAN PERGERAKAN)
18 MARCH-31 MARCH 2020
To date, the Covid-19 pandemic has spread over 135 countries and 162,711 people have been confirmed positive with Covid-19 and from that figure 6,443 people have succumbed to the virus.
In Malaysia, there has been a significant increase in Covid-19 cases and as at yesterday the number was reported to be at 553 people.
In light of the second wave of Covid-19, the Malaysian government is prompted to initiate a more drastic action to curb the spreading of Covid-19 in hope to restore our nation as soon as possible.
As such, the Malaysia Government has decreed to implement the “Restriction of Movement Order” effective 18 March 2020 till 31 March 2020. This order is made under the provisions of the Prevention and Control of Infectious Diseases Act 1988 and the Police Act 1967.
The “Restriction of Movement Order”” covers the following:
FIRST- Prohibition of movement and mass assembly nationwide would include all religious, sports, social and cultural activities. To enforce this prohibition, all places of worship and business premises must be closed
except for supermarkets, public markets, grocery stores, and stores selling basic necessities. For muslims, all religious activities in mosques and surau will be suspended in line with the Special Muzakarah Council’s decision on Sunday, March 15 2020 and this shall include Friday prayers.
SECOND- Malaysians will be barred from leaving the country and for Malaysians who had just returned from overseas have to go for a health check-up and undergo self-quarantine (Voluntary) for 14 days.
THIRD- Restrictions placed on the entry of all tourists and foreign visitors into Malaysia.
FOURTH- All nurseries, government and private schools, including boarding schools, international schools, tahfiz centres as well as other primary, secondary and pre-university education institutions will be closed.
FIFTH- All public and private universities as well as vocational training centres will also be closed.
SIXTH- All government and private premises would be closed except those providing essential services. Those under the “Essential Services” are categorized as follows: water, electricity, energy, telecommunications, post, transportation, water services, oil, gas, fuel, broadcasting, financial, banking, health, pharmacy, the Fire and Rescue Department, prisons, ports, airports, security, defence, cleaning,
retail and food supplies.
REQUENTLY ASKED QUESTIONS
With the “Restriction of Movement Order” taking effect this coming 18 March 2020 till 31 March 2020., there are many questions as to how to deal with circumstances relating to it in the work place. Compiled
below are some of the most frequently asked questions and guidelines in managing matters related to the “Restriction of Movement Order”.
Q1: How do i know, if i should shut down my business@operations or office under the “Restriction of Movement Order”
A: If your nature of business is not listed as “Essential Services” then you would need to comply with the “Restriction of Movement Order” by shutting down your operations during the said period of 18
March 2020 till 31 March 2020. The “Essential Services” are as follows: water, electricity, energy, telecommunications, post, transportation, water services, oil, gas, fuel, broadcasting, financial,
banking, health, pharmacy, the Fire and Rescue Department, prisons, ports, airports, security, defence, cleaning, retail and food supplies. Penalties for non-compliance under s.24 General Penalty under the Preventive & Control of Infectious Disease Act 1988 are as follows:
Any person guilty of an offence under this Act for which no specific penalty is provided shall be liable
on conviction:-
(a) in respect of a first offence, to imprisonment for a term not exceeding two years or to fine or to
both;
(b) in respect of second or subsequent offence, to imprisonment for a term not exceeding five years
or to fine or to both;
(c) in respect of a continuing offence, a further fine not exceeding RM200 for everyday during which such offence continues
Q2: During the “Restriction of Movement Order” period, must the employer pay the employees their salary during the period of 18th March 2020 till 31st Mac 2020?
A: Based on our latest communication on March 17, 2020 with a JTK Officer, we were advised the employer is obliged at the moment to pay full salary for period of March 1-17, 2020 for work done and the remaining period from March 18-31, 2020 to be construed as no pay temporarily pending further advisement from the Government or Ministry of HR. This only applies to those employees who are unable to work even from home during this period. If working from home is feasible, then the employer is obliged to the full salary from March 1-31, 2020.
However, if the Ministry of HR or Government reverts and orders that the salary is to be paid even during the period of March 18-31, 2020 then the employer should be obliged to reimburse the employees accordingly.
Nevertheless, according to industry experts in Industrial Relations and Labor reckons this is arguable as this period of restricted movement order imposed from March 18-31, 2020 was imposed
by the government as health safety measure and it could be construed as force majeure. Therefore the employment obligation is temporarily suspended during this period. We will understand further in the coming days, hopefully next week and will update all of you.
Q3: For daily wage employees, how is their wages calculated during the “Restriction of Movement Order” period ?
A: They are only paid on days for work done.
Source: 1. Information gathered from officer from JTK , KL Branch
2. Information gathered from Malaysian Employers Consulting Agency (MECA) Circular
3. Information gathered from Malaysian Employers Federation Circular
(The FAQs are written based on information gathered on the 17th March 2020 and may vary based on updates and changes announced by the Government from time to time)