The Ministry of International Trade and Industry (MITI) has issued the “Soalan Lazim Berkaitan Perintah Kawalan Pergerakan Bersyarat Kementerian Perdagangan Antarabangsa dan Industri Bilangan 1” on 22 October 2020. According to the said FAQs, industries are mandated to implement the work-from-home (WFH) policy for the staff in management and supervisory groups, and only 10% of these groups can be allowed to work in the office. The employees in management and supervisory groups include those whose tasks involve accounting, finance, administration, legislation, planning, and information and communications technology.
Click here to download the Soalan Lazim Berkaitan Perintah Kawalan Pergerakan Bersyarat Kementerian Perdagangan Antarabangsa dan Industri Bilangan 1.
The following is the English translation of the said FAQs.
FREQUENTLY ASKED QUESTIONS (FAQs)
CONDITIONAL MOVEMENT CONTROL ORDER (CMCO)
MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY (MITI) (VOL 1)
PART 1: GENERAL QUESTIONS REGARDING OPERATION OF ECONOMIC ACTIVITIES
1. Can my company continue to operate during the CMCO period?
Yes. All economic and industrial (manufacturing) can operate without approval from MITI, subject to the Standard Operating Procedures (SOP) set by the National Security Council (NSC).
2. Must I apply for any permits from MITI through COVID-19 Intelligent Management System (CIMS) to operate my company during the CMCO period?
3. Can my company operate for 24 hours during the CMCO period?
NSC has listed a few types of economic activities that have a specific operational hour – please refer to www.mkn.gov.my for the list.
All economic and industrial (manufacturing) activities that are not on the list (such as manufacturing, ports, essential products, et cetera) can operate without any operational hour limit.
4. Can I deliver goods to areas under CMCO using commercial vehicles?
Business vehicles carrying goods and services are allowed to enter and exit CMCO areas with the use of either an employee pass or an approval letter for travel from the employer.
5. Am I allowed to travel between states for work or business purposes?
Movement of employees within CMCO areas or employees crossing state borders for work purposes into CMCO areas is allowed, provided that employees carry an employee pass or an approval letter for travel from the employer.
6. Are all my employees allowed to come to work?
The management of employees' attendance is under the company's discretion. However, employers are encouraged to allow their employees to work from home during the CMCO period. However, in whatever circumstances, the company must comply with the SOP determined. (Please refer to Part 2 for the WFH Order)
7. What is the SOP of a company during the CMCO?
Please visit the National Security Council’s website www.mkn.gov.my to refer to the latest SOP.
8. What should I do if a company does not comply with the SOP of the CMCO?
You may report the non-compliance of the company at the nearest police station.
PART 2: WORK-FROM-HOME (WFH) ORDER
1. What is meant by WFH practice?
WFH practice refers to the carrying out of office work in their respective home following the procedure or guidelines determined by the employer in line with the business needs of the respective companies.
2. Is WFH practice mandatory for all industrial workers?
It is compulsory for the industry to implement WFH practice for the management and supervisory staff of the company which includes duties involving accounting, finance, administration, legal, planning, and ICT.
Only 10 percent of the management and supervisory staff are allowed to be in the office for four hours, from 10am to 2pm, for three days in a week.
For example, if there are 10 or fewer people in the management and supervision group, only one (1) is allowed to come to the office at a time.
Companies can carry out a rotation system to determine the representatives from the management and supervisory group that have to be present in the office. The company is also advised to prepare a list of workers that are involved for work from home and also in company operations for the reference of the authorities, if required.
Employers must issue a letter of approval for travel for each employee that is allowed to work during this CMCO period.
Employees of other sectors categorized as informal sectors such as retail, food, plantation, agriculture, hawker, food stalls, restaurants, food courts, grocery stores, and convenience stores are allowed to work as usual per CMCO SOP.
Employees for transportation services such as public transport, express bus, LRT, taxi, e-hailing, and food delivery service also can work as usual.
3. What is meant by management and supervisory staffs?
Management and supervisory groups are subject to company policy.
4. Whether employers can change the permitted time for the management and supervisory group working in the office?
No. Employers have to comply with the rules on the frequency and duration of work at the office which is a maximum of three days a week for four hours each day from 10 am to 2 pm.
5. What action can the employer take if an employee does not want to come for work and wants to WFH?
Employers can take action based on the discretion and procedure of the company following the Government policies and related Acts. For any further inquiries on this matter, please refer to the Department of Labour.
6. Whether employees that have to go to the office are required to carry out the Covid-19 screening test?
It is only compulsory for foreign workers in the construction sector, security guards, and all workers from red zones with symptoms only.
PART 3: REGISTRATION IN THE COVID-19 INTELLIGENT MANAGEMENT SYSTEM (CIMS)
1. How can I register on CIMS?
You can go to the link https://notification.miti.gov.my to register and follow the instructions on the each page. Do not put 'www' in the said URL link.
2. Do all businesses have to register at CIMS?
All types of business can register at CIMS. Although the registration is not compulsory, it is highly recommended for all to sign up as the system is the main reference for Polis Diraja Malaysia.
3. I have registered on the old version of CIMS. Do I have to register again?
No. CIMS registration is only done once.
4. I cannot update my employee’s information at CIMS. What do I have to do?
If you cannot update your details at CIMS, please reach out to our technical group via email at [email protected] or [email protected]. For employees list, please ensure that you use the template as provided in the system.
5. Why does my verification letter has a different date, and whether this letter is valid?
When you update your details on certain dates, the date printed at that time will be the same as the date you made your first registration, thus, the letter is still valid.
1. It is a collective responsibility for industries to understand and follow all current orders from National Security Council (NSC) and COVID-19 Prevention SOP that was issued by Ministry of Health (MOH) for us to reduce the risks and curb COVID-19 pandemic transmission.
2. Any latest changes in line with the latest orders from the NSC and Ministry of Health would be notified from time to time.
MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY
22 OCTOBER 2020
* In reference to Bar Council Circular No 366/2020 | Update (23 Oct 2020) | Guidance on MITI’s Work from Home Directive for Areas Placed under CMCO, kindly note that Malaysian Bar has obtained clarification from MITI, and they have confirmed that for now, law firms DO NOT have to comply with those restrictions, and can operate as usual.
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