Questions on FAQs or SOP issued during Movement Control Order

Questions on FAQs or SOP issued during Movement Control Order - 29.4.2020

1.         I thought the purpose of an FAQ is generally to provide information on frequent questions. During MCO, the government has issued many FAQs to explain on the implementation of policies or programmes.

Shouldn’t the government prepare orders, rules or guidelines first followed by FAQs?

2.           In the FAQ issued by the Ministry of Human Resources (MoHR) on 19.3.2020, the Ministry has given directives that an employer may not force the employees to take annual leave or unpaid leave and the employer must pay the employees salary in full during the period of MCO. It is also stated that that it is an offence under Regulation 7 of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 for the employer to breach the directives and if found guilty, the employer may be fined not exceeding RM1,000.00 or imprisoned for a term not exceeding 6 months or both. Now, Regulation 7 makes contravention of the provisions of the Regulations an offence. The Regulations listed the restrictions on movement but there is nothing on employment contracts.

Can the MoHR assume power and made it an offence for those who do not follow its directives?

3.               In respect of the Wages Subsidy Programme (WSP), the MoHR issued FAQ No. 4 on 6.4.2020 and Perkeso issued FAQ No. 2 on 7.4.2020 which are identical. In both the FAQs, there is a question on foreign workers with a note that to determine the size of SME, the total number of employees (local and foreign) is taken into account. However in the Guidelines for implementation of WSP dated 9.4.2020 issued by Perkeso, such note is omitted.

Why? Why not make it clear for SME?

4.        In the Standard Operating Procedure for permission to operate during MCO issued by the Ministry of International Trade And Industry, the company is required to conduct a disinfection/sanitation process at the factory/premises at all times before shift or operation begins in accordance with the guidelines set by the Ministry of Health. The sanitation and cleaning process should be performed three (3) times a day especially in common spaces such as lobby, lift, meeting rooms, toilets and etc (twice a day for law firms). Further, in the event of an employee being infected with Covid-19, the company will be responsible for full medical expenses, the on-premises disinfection process and other related costs.

We have gotten a quote from a cleaning company. The cost to sanitize ground floor is RM380 each time and RM1,500 each time for whole office. Further, a doctor friend of mine estimated the medical costs to be in the region of RM300,000 at private hospitals (He was quoting the maximum cost, I think).

With permission being given to operate at only 20-50% capacity, can companies generate enough revenue to offset not only the usual operating costs but also the sanitation and potential medical costs and still make a profit? Does it mean that the government wants only big companies with deep pockets to operate during MCO?