The Story

When the pandemic forced offices to close, Aina welcomed the idea of working from home. She imagined spending more time with her children, cutting out the two-hour commute, and having better control of her daily schedule.

At first, it was wonderful. She could start work early, take a short break to check on her kids, and return to her desk refreshed. But over time, the lines between “office hours” and “home life” began to blur.

Her boss started sending messages at 11 p.m. and expected instant replies. Meetings were scheduled at odd hours because “everyone is at home anyway.” Weekends were no longer sacred; emails demanding urgent updates came through on Sundays. When Aina politely reminded her boss that her official working hours were 9 a.m. to 6 p.m., he replied curtly: “Working from home means you’re always available. Be flexible.”

Aina wondered: Is it true? If I’m working from home, does it mean I lose my right to normal hours of work? What does the law actually say?

The Law

Working from home (WFH) is relatively new in Malaysia, but the legal principles of employment still apply. The Employment Act 1955 (Act 265, as amended 2022), the Occupational Safety and Health Act 1994 (OSHA), and the Industrial Relations Act 1967 (IRA) provide useful guidance.

1. Hours of Work

• Section 60A(1) of the Employment Act caps normal working hours at 45 hours per week.
• This protection applies whether the employee is physically in the office or working from home.
• Any work beyond these hours is overtime, payable at statutory rates unless the employee falls within excluded managerial or professional categories.

2. Rest Periods

• Section 60A(1)(d) provides that employees cannot work more than 5 consecutive hours without a break of at least 30 minutes.
• WFH does not erase this entitlement.

3. Overtime Compensation

• Section 60A(3) sets overtime pay at:
  • 1.5 times hourly rate on ordinary working days,
  • 2 times on rest days,
  • 3 times on public holidays.
• If bosses expect employees to respond to late-night calls or weekend emails, that time may count as overtime.

4. Flexible Working Arrangements

• The Employment (Amendment) Act 2022 introduced Sections 60P and 60Q, which allow employees to apply in writing for flexible working hours, days, or locations.
• Employers must reply within 60 days, stating approval or rejection with reasons.
• Importantly, “flexible” does not mean “unlimited.” It means mutually agreed terms that still respect maximum hour protections.

5. Occupational Safety and Health

• Under Section 15 of OSHA, employers have a duty to ensure the health and welfare of employees.
• Excessive after-hours work from home can cause fatigue and stress, which may breach this duty.

6. Industrial Relations Act 1967

• If an employee is penalised for refusing unreasonable demands outside official hours, they may file a complaint for unfair dismissal or unfair labour practice under Section 20.

The Grey Area: Right to Disconnect

Some countries (e.g., France, Portugal, and the Philippines) have enacted a “right to disconnect” law, ensuring employees are not penalised for ignoring work communications outside official hours.

Malaysia does not yet have such a law, but the principles of the Employment Act (maximum hours, overtime pay, rest periods) effectively provide similar protections. The absence of a specific statute means disputes are judged on reasonableness, but the legal direction is clear: working from home does not mean working 24/7.

Lessons

For Employees:

1. Know your hours. Your official working hours remain the same even if you work from home. Keep records of late-night instructions in case you need to claim OT.
2. Set boundaries. Politely remind your manager of your hours, and suggest scheduling urgent matters during office time.
3. Apply formally. If flexible hours are needed, use Sections 60P–60Q to request them formally, so expectations are clear.
4. Protect your health. Rest is not a privilege; it is a legal right. Ignoring it harms both body and mind.

For Employers:

1. Respect the law. WFH is not a blank cheque for unlimited access. Hours of work and OT rules still apply.
2. Clarify expectations. Define “availability hours” for WFH staff. If after-hours contact is unavoidable, compensate accordingly.
3. Lead responsibly. Managers should avoid sending late-night messages unless genuinely urgent.
4. Foster trust. Respecting boundaries improves morale and productivity. Treating employees as always available breeds burnout.

For HR Practitioners:

1. Draft a WFH policy. State clearly the official working hours, expectations for availability, and OT claims.
2. Educate managers. Train leaders to understand that WFH is not “always on.”
3. Monitor workload. Regularly review hours logged by remote staff to prevent silent overwork.
4. Prioritise wellbeing. Encourage flexible arrangements that balance productivity with employee welfare.

Conclusion

So, is Aina wrong to resist her boss’s demand that “working from home means always available”? The legal and moral answer is no.

The Employment Act 1955 still applies: 45 hours per week, rest breaks, and overtime protections remain intact regardless of work location. The OSHA 1994 further requires employers to safeguard employees’ welfare, and the IRA 1967 allows challenges to unfair labour practices.

For employees, the lesson is to know your rights and assert them respectfully. For employers, the lesson is that respecting boundaries is not only lawful but also essential for sustainable productivity. For HR, the lesson is to create policies that balance flexibility with fairness.

Working from home should mean freedom, not 24/7 surveillance. Flexibility should empower employees, not enslave them. When bosses equate WFH with “always available,” they not only risk breaking the law—they risk breaking trust.

In short: Working from home does not erase working hours. Respecting boundaries is the foundation of fair and dignified work.