Q1.: Any regulation in Malaysia that an employer compel compulsory vaccination?
A: There is no law mandating the vaccination presently in Malaysia.
Q2.: Can employees refuse/ Say “NO” to be vaccinated?
A.: Yes, employees can say “NO” and refuse to be vaccinated save where there is express provision mandating the vaccination or the nature of employment necessitates.
Q3.: Will an employee be dismissed for refusal of the vaccination policy - will that constitute just cause for termination?
A.: The refusal of the vaccination would not amount to just cause for termination.
However, the cause for termination will be justify with the nature of employment necessitates.
i.e. those nature of employment need such as management and professional groups, paramedics and auxiliary, who are involved in patient care in healthcare facilities, in the handling of patients’ specimens, disinfection of environment, public health control on the field, with high frequent interacting directly with members of the public.
it will be an extreme measure to terminate employment for refusal of the vaccination.
Q4.: Any Solution for Employer to balance against the freedom of choice and the obligation to provide a safe work environment?
A.: The obligation of employer is to ensure a reasonable safety precautions implemented to tone down the risk of potential risk of transmission with Malaysia Government SOP to discharge the obligation vested in the employer - practicing social distancing within the office premises, temperature checks, compulsory use of face masks, frequent sanitization.