The Story

Nadia is a mid-level executive in a consulting firm. Her official working hours are from 9 a.m. to 6 p.m. Like many committed employees, she often stays late in the office, especially during peak projects. But even when she gets home, her work doesn’t seem to stop. Her manager frequently calls her after 10 p.m.—sometimes to discuss upcoming tasks, other times simply to check on progress.

At first, Nadia obliged. She believed answering calls promptly showed loyalty and dedication. But over time, the constant interruptions began to take a toll. Her sleep suffered, family dinners were disrupted, and she felt like she was “on duty” 24/7. One night, after declining a call at 11 p.m., her manager sent a curt message: “This is part of the job. If you want to grow here, you must be available anytime.”

Confused and exhausted, Nadia asked herself: Am I wrong to refuse to answer work calls after 10 p.m.? Does the law say anything about my right to rest?

The Law

1. Employment Act 1955 (Act 265, as amended 2022)

• Hours of Work: Section 60A limits normal working hours to 45 hours per week. Work beyond these hours is considered overtime.
• Overtime Pay: Section 60A(3) requires overtime to be paid at 1.5 times the hourly rate on normal working days, 2 times on rest days, and 3 times on public holidays.
• Right to Rest: Section 59 entitles employees to at least one rest day per week.

Taking calls and working after 10 p.m. may fall under “work beyond normal hours.” If it is consistent, it could be considered overtime and should attract compensation.

2. Occupational Safety and Health Act 1994 (OSHA)

• Section 15 imposes a duty on employers to ensure the safety, health, and welfare of employees. Excessive after-hours contact that leads to fatigue or burnout may be argued as breaching this duty.

3. Industrial Relations Act 1967

• Section 20 provides that employees dismissed or penalised for asserting their rights (such as refusing unreasonable demands beyond working hours without compensation) can challenge the action as dismissal “without just cause or excuse.”

4. The “Right to Disconnect” Debate

• While Malaysia does not yet have a formal “right to disconnect” law like France or the Philippines, the principle is gaining global traction. Employees are increasingly recognised as having a right to personal time free from employer intrusion.

Is Nadia Wrong?

From a legal standpoint:

• No, she is not wrong. Employees have the right to rest after normal working hours. Unless the contract specifically requires on-call availability, refusing late-night calls is not misconduct.
• But context matters. If Nadia’s role is senior management (where the Employment Act may not fully apply), or if her contract specifies flexible/extended hours, then she may be expected to answer urgent calls. Even so, the expectation must be reasonable, not constant or abusive.

Lessons

For Employees:

1. Understand your contract. Check if your role includes on-call duties or flexible hours. If not, you are not legally bound to be available after 10 p.m.
2. Know your rights. The Employment Act protects normal hours and mandates overtime pay. If you are repeatedly called after hours, you may be entitled to compensation.
3. Communicate boundaries. Politely inform your manager of your availability limits. Suggest scheduling urgent matters within working hours.
4. Protect your health. Rest is not optional; it is necessary for long-term productivity and well-being.

For Employers:

1. Respect boundaries. Expecting employees to be available 24/7 may breach both the spirit of the Employment Act and your duty under OSHA.
2. Compensate fairly. If after-hours work is unavoidable, provide overtime pay, allowances, or compensatory leave.
3. Lead by example. Managers should avoid setting a culture where late-night calls are the norm.
4. Consider flexible arrangements. If the nature of work requires off-hour contact, formalise it in contracts with clear compensation.

For HR Practitioners:

1. Set policies. Establish guidelines on after-hours communication, balancing business needs with employee welfare.
2. Train managers. Many supervisors misuse instant messaging and calls without realising the legal and morale implications.
3. Monitor workload. Excessive reliance on after-hours calls may indicate understaffing or poor planning.

Conclusion

So, is Nadia wrong to refuse late-night work calls? The law and principles of fairness say: No, she is not wrong. Employees have the right to rest, and the Employment Act provides protection against unreasonable working hours.

Employers can require after-hours availability only if it is part of the contract and if proper compensation is provided. Otherwise, demanding constant late-night responsiveness risks breaching labour law and eroding employee trust.

The lesson for employees is to know your rights and assert them respectfully. The lesson for employers is that productivity comes not from exhausting staff but from respecting boundaries and compensating fairly when extra demands are made.

In the end, the question is not whether employees like Nadia are wrong, but whether employers are wise. A workplace that respects rest is not only lawful but also sustainable—because well-rested employees are healthier, more loyal, and more effective.