MEF Says It Is Within the Employee's Right to Decline Vaccine

According to the Malaysian Employers Federation (MEF), employers should encourage their employees to undergo COVID-19 vaccination even though it is not mandatory. 

MEF also said that employers could provide their employees with relevant information and increase their physical access to clinics and doctors.

The federation's executive director Datuk Shamsuddin Bardan stated that organisations could also assist by providing clarification when confronted with rumours or misinformation. 

He said that employees who take the vaccine would enable them to protect themselves, but it is within their rights not to undergo vaccination. He added that the crux of the matter is employers should consider the reasons for a worker to decline the vaccine, mainly if it is based on medical or religious grounds, allergic reaction fears, or if the employee is expecting a baby. 

Shamsuddin stated that employers could not ask job applicants to show proof of vaccination as a condition for employment. But on the other hand, he added that employees who are required to travel abroad for work purposes might need to be vaccinated, as required by the destination country. 

The executive director said invoking the Occupational Health and Safety Act (OSHA) provisions to make vaccination compulsory is not a good idea. Under the Act, it is the employer's duty to ensure the employees' safety, health, and welfare. 

Malaysian Trades Union Congress' (MTUC) Response

Mohd Effendy Abdul Ghani, deputy president of MTUC, acknowledged that it is the employee's prerogative whether to receive the vaccination or not. However, he said that employers should take steps to ensure those who work in major sectors receive the vaccination. 

He said that there should be discussions to address issues such as who will be responsible for the vaccine's costs. Effendy added that MTUC believes that it is necessary for employees in key sectors to take the vaccination.

Alternate Views

Srithren Krishnan, a human resource manager, said that employers do not have the power to force their employees to undergo vaccination as such a requirement is not written in employment contracts. He believed that it is unfair to dismiss an employee for declining vaccination. 

He added that the government has not made it mandatory for everyone to undergo vaccination; hence employers should know that they are not to make it compulsory. 

Srithren also said that job applicants could use proof of vaccination, such as a vaccine passport, as an added advantage. 

The first phase of the National Immunisation Programme is currently underway.

Meanwhile, lawyer Xenia Z.C. Lok called the OSHA a double-edged sword. The Act demands employers to ensure their workers' safety and health. But, if an employee is ordered to undergo vaccination and experienced complications, the employee can use it to accuse the employer of breaching the law. 

She said that an employer is not given a "clear, legal right and position" to require an employee to undergo vaccination under OSHA. 

Xenia stated that each employee is provided equal protection under the law regarding their fundamental liberties concerning their body.

"If it is proven that an employer has infringed upon this right, it is, in my view, a violation of established principles of law governing the employer-employee relationship," she added.

Source: The Sun Daily

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