The Malaysian Industrial Commercial Service Employers Association (Micsea) said as community service orders are not equivalent to imprisonment or court attendance, they do not fall under Section 23 of the Employment Act 1955, which allows wage deductions in limited circumstances.

“Employers are not entitled to automatically withhold wages under Section 23 merely because an employee is performing community service,” Micsea president YK Lai said in a statement today.

Lai said the association’s remarks followed recent court cases in which individuals were fined and ordered to perform community service for littering offences under Section 77A of the Solid Waste and Public Cleansing Management Act 2007.

Under the Act, offenders may be ordered to perform up to 12 hours of community service such as cleaning public areas, collecting rubbish, washing facilities, cutting grass or clearing cobwebs.

“The scheduling of such community service is arranged by the relevant authorities in accordance with court orders and may, in some cases, coincide with an employee’s normal working hours,” he said.

Lai said employers should manage such absences as unpaid leave under Section 18A of the Employment Act, subject to fair and reasonable management practices.

“Alternatively, employees may apply to utilise their available annual leave to perform their community service obligations, subject to the employer’s approval and existing leave policies,” he said.

Lai urged employers to take a balanced and humane approach, including engaging their employees in open communication, considering flexible work arrangements where feasible and avoiding punitive or arbitrary wage deductions.

“Employers should remember that community service is intended as rehabilitation, not as workplace punishment.

“Micsea encourages employers to support employees in complying with court orders, while at the same time educating and reminding them about their duty to keep our environment clean and respected,” he said.