HE Restricted Movement Order (Movement Order) is an unprecedented move in modern Malaysia. It may well be the only rational action to possibly contain the virus that mushrooms at the speed of light.
Covid-19 has recently begun to feel suffocating, so close to home. Most areas have at least one case, leading to a sense of claustrophobia. Being in the vicinity of and in close proximity to members of the human race is not only irresponsible at present but highly volatile.
Therefore, it could be said that the only real way to stop people from congregating, to put social distancing into practice.
Many employers have forced employees to take unpaid leave. Airline staff are at a particular disadvantage here. 13,000 Malaysia Airlines (MAS) employees were forced to take unpaid leave due to the Covid-19 pandemic. Their position is much more fraught compared to those of us who are affected for two weeks beginning on the 18th of March, as there is no clear end date to the unpaid leave period.
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That’s not to say that there is a definitive end to the Movement Order, it may well be extended or varied.
It’s a given that workplaces are at present a minefield in terms of contracting the highly infectious virus and for that reason the Restricted Movement Order is near god sent for non-essential services. Keeping this in mind, forced and unpaid leave puts employees at a position severe uncertainty.
An issue that arises here is that the legality of this rests on shaky grounds. The Employment Act 1955 (which only applies to certain sectors of the workforce and further does not apply to West Malaysia) accounts for sick leave under Section 60F where an employee is entitled to such leave if upon examination they are found to be ill. This provision though applies to employees who are ill and is limited to a maximum of 14 days.
The Movement Order is made under the Prevention of Infectious Diseases Act 1988 and the Police Act 1967. Section 18 ‘Disinfection and Closure of Premises’ and Section 31 ‘Power to make regulations’ of the Prevention of Infectious Diseases Act 1988 is of particular interest here.
The uniqueness of this situation will serve as a precedent for the future, but employees at present do not appear to have any tangible legal redress in the event that they are put on unpaid leave. In this respect, the government has promised RM600 for such employees. This might reduce the burden of what might feel like semi-unemployment during what could be considered as a national crisis.
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For those of us who are unclear as to what constitutes essential services, Schedule 1 of the Industrial Relations Act 1967 has made rounds on social media. Essential services here are banking services; electricity services; fire services; port, dock, harbour and airport services; postal services, prison services; production, refining, storage, supply and distribution; public health; public waste management services; radio communication services; telecommunications services; transport services; water services; services provided by Departments of Government in Chemistry, Civil Aviation, Customs and Excise, Immigration, Marine, Meteorology and Printing; services which are connected to the Royal Malaysian Police Force; businesses and industries connected with the defence and security of Malaysia; any section of service of working of which the safety of employees depends and industries declared by the Minister by the notification in the Gazette as essential to the economy of Malaysia.
The Schedule is quite distinct in its division of essential services, and further our Prime Minister has also elucidated on the services that would continue on despite the Movement Order. The rest of us have to practice social distancing and not take this time to be a government-mandated holiday.
Semantically, this is not a lockdown nor a curfew (and it is fear-mongering to label it as such), we would likely do well not to think of it as the wartime blackout (during World War II), where fear was potent, people were shot in the dead of night, food was rationed and life was bleak. All of us are still allowed to buy groceries: supermarkets and markets are still open. We simply cannot travel outside of the country for the duration of the Movement Order and group leisurely activities are banned, so no café-banter for now, unfortunately.
All in, perhaps we all need to relook at the manner in which we respond to crises. I reiterate that stores are still open, so panic is unlikely to do anything other than increase our heart rates and accelerate blood pressure for the masses. C.J Redwine had this to say “Losing your head in a crisis is a good way to become the crisis” and I think that just about sums it up.