Under the Act, individuals convicted of littering may be fined up to RM2,000 and ordered to perform community service of up to 12 hours within a period not exceeding six months. As community service schedules arranged by the relevant authorities may coincide with normal working hours, MICSEA outlined key considerations for employers in managing such situations.
Community Service Is Not Imprisonment
Community Service Orders (CSO) are an alternative sentencing measure intended to promote accountability and social responsibility. They are not equivalent to imprisonment or mandatory court attendance. As such, Section 23 of the Employment Act 1955, which allows wage withholding in cases of imprisonment or court attendance, does not apply to community service orders. Employers are therefore not entitled to automatically withhold wages on this basis.
Treatment of Absence for Community Service
While employees are not performing work during community service hours, employers do not have a blanket right to treat the absence as unpaid under Section 23. Instead, such absences should be managed under Section 18A of the Employment Act 1955. Community service may reasonably be treated as unpaid leave under Section 18A(c), subject to fair and reasonable management practices, or employees may apply to use available annual leave, subject to employer approval.
Wage Calculation Under Section 18A(c)
Where absence is treated as unpaid leave, employers may apply Section 18A(c) using the following formula:
Monthly Salary ÷ Number of Days in the Month × Eligible Days Worked.
Employer’s Role in Promoting Cleanliness and Civic Responsibility
MICSEA encouraged employers to play an active role beyond legal compliance by promoting responsible behaviour through:
- Awareness programmes on cleanliness and environmental responsibility
- Reinforcement of workplace policies on proper waste disposal
- Promotion of respect for public spaces
- Encouragement of civic-minded conduct
- Incorporation of environmental responsibility into workplace culture
Statement by MICSEA President
Commenting on the issue, MICSEA President Mr YK Lai said:
“Employers have a responsibility not only to comply with labour laws, but also to nurture responsible and law-abiding citizens in the workplace. Littering may seem like a minor offence, but it reflects a lack of civic discipline that affects society as a whole. MICSEA encourages employers to take a balanced approach 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. A fair, lawful, and compassionate response helps preserve industrial harmony and strengthens organisational values.”
Recommended Best Practices for Employers
MICSEA advised employers to adopt a balanced, lawful, and humane approach:
- Verify the court order and community service schedule.
- Engage the employee in open communication.
- Consider flexible work arrangements where feasible.
- Allow the use of annual leave where appropriate.
- Apply wage adjustments strictly in accordance with Section 18A(c)
- Avoid punitive or arbitrary deductions.
- Maintain proper documentation
MICSEA reiterated that community service orders should not be treated as imprisonment or court attendance, and that Section 23 of the Employment Act 1955 does not apply. Any wage adjustments arising from community service-related absences should be managed strictly under Section 18A(c), with options for annual leave where appropriate. The Association reaffirmed its commitment to guiding employers on labour law and industrial relations matters responsibly, noting that the statement does not constitute legal advice for specific cases.
