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New Part XIIC – Flexible Working Arrangement

Updated: May 18, 2022

Latest Update: 16-5-2022

1. The Employment (Amendment) Bill 2021 ("the Bill") was presented on October 25, 2021.
2. Dewan Rakyat approved the Employment (Amendment) Bill 2021 on March 21, 2022.
3. Dewan Negara passed the Employment (Amendment) Bill 2021 on March 30, 2022.
4. The Employment (Amendment) Act 2022 was gazetted into law on May 10, 2022.

However, [As of 16-5-2022] the Act has not yet come into force.

[In force means that the Act or the secondary legislation has the force of law.]

1. 《2021年就业(修订)法案》("法案")于2021年10月25日在国会提交。
2. 下议院于2022年3月21日批准了《2021年就业(修订)法案》。
3. 上议院于2022年3月30日也通过了《2021年就业(修订)法案》。
4. 作为立法,2022年5月10日,《2022年就业(修正)法案》在宪报上颁布。

然而请注意,[截至2022年5月16日] 此法尚未生效


Background of Flexible Working Arrangements (FWAs)

Workplaces in developed countries such as the United Kingdom, Northern Ireland, Europe, the United States of America, Australia, and New Zealand have had flexibility policies in place for quite some time.

In 1967, a company called MesserschmittBolkow-Blohm Bolkow located in Ottobrunn, Germany, was the first to use flexible working hours.

While other companies in Germany utilised a flexible working time programme, this company utilised it for a relatively substantial proportion of its employees.

As a result, in the late 1960s, this company established the scene for intense debate and implementation among many other German enterprises.



1967年,位于德国 Ottobrunn 的一家名为 MesserschmittBolkow-Blohm Bolkow 的公司是第一家使用弹性工作时间的公司。



It has been estimated that in 1970, between 200 and 300 businesses offered flexible working hours. By 1971, this number had expanded by a factor of 10 to reach two thousand.

This mode of labour was adopted in a number of European nations, and by the year 1975, more than 30% of Switzerland's workforce was organised in accordance with the latest model of employment.



It has come to everyone's attention that the FWAs have supplanted the traditional notion of a work arrangement in many sections of developed countries.

In contrast to traditional work arrangements, which generally require employees to work at a standard period from 8 am to 5 pm, Monday through Friday, or at their usual workplace, FWA is a variable and changeable work in terms of its schedule or the nature of the working environment.  

Suppose employees had access to the tools and technologies available in the workplace today. In that case, they could complete various duties even when they were not physically present at their place of employment.




In Malaysia's public sector, flexible working arrangements are already in place.

And there are differences in the policies and procedures for the application of flexible working arrangements between the public and private sectors.

There are only two forms of flexible work arrangements (FWAs) that are available to civil servants in the public sector, and those are staggered working hours and Flexi-place (a work-from-home program).

In June of 2007, in compliance with the Service Circular Number 2 (Public Service Department of Malaysia, 2007), staggered working hours were implemented. This allows the public sector to provide a more flexible attendance system for civil servants.

The beginning and ending times of work for employees are flexible within a range of 7:30 a.m. to 4:30 p.m., 8:00 a.m. to 5:00 p.m., or 8:30 a.m. to 5:30 p.m., with the expectation that they will put in a predetermined total amount of time each day.