What You Need to Know About Working Hours During Ramadan

Brace yourselves, Ramadan is coming. Now that the fasting season is near, there are some issues we should clear up, among them are: work flexibility, working hours and overtime.

In this article, we will refer to Malaysian laws about these issues.

Can employees work continuously without any break?

There are 2 conditions to refer to in this issue particularly:

• If the employee is under the Employment Act 1955
  Under the S60A(1)(a) of the Employment Act 1955, it states that employees must be given a break of at least 30 minutes after every 5 continuous hours of work.
  This simply means that if the hours of work are reduced and that the employees are not given a break of at least 30 minutes after 5 continuous hours of work, this will be considered as a breach of the aforementioned section.

• If the employee is not under the Employment Act 1955
  In this case, it would be better for the employers to issue an official notice or announcement to all employees notifying them of such a change.

Is there a law controlling office work hours during Ramadan?

Many of the laws concerning the employees' welfare in the office are included in the Employment Act 1955, which mandates an employee's well-being in the workplace by stipulating the number of hours they can work in a day to the minimum required benefits they will receive as an employee of the company. The act also outlines penalties if these requirements aren't met.

But, the Employment Act (or any applicable employment laws) does not specifically mention work hours or policies for Ramadan. Basically, this means that companies are actually free to make changes for the fasting month or none at all.

Flexible working hours during Ramadan

As an employer, you have the right to ensure that all employees fulfil their work hours and obligations as according to the employment contract during Ramadan. But, many employers offer some flexibility or leeway during this period as pointed out below.

In the Private Sector, flexible work hours during Ramadan can either be:

• A matter of company policy, either through a written memo or common understanding; or

• On an ad-hoc basis where each employee may notify their boss or HR department on how they can observe their religious obligations while still remaining productive.

What about overtime?

Since there are changes to the normal working hours, overtime hours will also be affected. Check on the texts or wording used in the employees' contracts or handbooks to determine the starting of overtime hours. Do note that under the Employment Act 1955, the overtime is payable after 8 hours of work.

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Sources: HRNews.my & AskLegal

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