Mindset shift: Prof Rozanah says incorporating mental health into the Employment Act would signify a progressive move that mental health is just as important as physical health. — AZMAN GHANI/The Star
PETALING JAYA: Incorporating mental health into the Employment Act 1955 could greatly benefit both employees and employers as it will formalise responsibilities and protections, says the Malaysian Trades Union Congress (MTUC).
Its president Mohd Effendy Abdul Ghani said this can be done through mandatory mental health leave or stress leave, similar to sick leave.
“There should also be clear guidelines on addressing workplace harassment or conditions that contribute to poor mental health.
“Access to mental health services such as counselling as part of employee benefits and on-site counsellors could help employees address personal or work-related mental health challenges in a timely manner,” he said.
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“With immediate support, it can potentially improve employee well-being and productivity. Training should also be provided for managers to identify and address mental health issues early on.”
Mohd Effendy noted that many workers might feel overwhelmed by job demands or suffer from stress-related illnesses, but may not report these issues.
“Collecting data through surveys or feedback would help identify the extent of these concerns and allow MTUC to advocate for stronger mental health protections at the national level,” he said.
“MTUC can assist employees facing mental health challenges by providing legal advice, guiding them through the complaint process with authorities, and urging employers to take appropriate actions to support affected workers.
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“There is a possibility that many workers are unaware that MTUC also addresses mental health issues, as they might primarily associate the union with traditional concerns like wages and benefits,” he said.
Incorporating mental health into the Employment Act would signify a progressive move that mental health is just as important as physical health, said Prof Dr Rozanah Ab Rahman.
Prof Rozanah, who is the deputy dean of Universiti Putra Malaysia’s School of Business and Economics, said this could include provisions and guidelines on managing workplace stress, and protections for employees suffering from mental health conditions.
“Globally, many countries started to integrate mental health into their employment laws and this would encourage workers to seek assistance without fear of discrimination.
“The laws regarding mental health in the workplace in Malaysia are still evolving, and the Occupational Safety and Health Act 1994 currently laid down the duty of employers to provide a safe and healthy workplace, and this includes mental health.
“One of the objectives of the Act remains to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs.
“Although the provisions in the Act do not explicitly mention mental health, the current amendment to the Act 2022 addressed the occupational health matters arising out of any conditions of work, under the occupational health services provision of the Act,” she said.
However, Prof Rozanah said that these provisions still focus primarily on the physical health of workers and do not adequately address issues like depression related to their tasks and working environment that may trigger mental health illnesses due to occupational stress.
She also said the Human Resources Ministry has issued guidelines on the prevention of stress and violence in the workplace to raise awareness among employers and workers about managing mental health issues.
Prof Rozanah said the Mental Health Act 2001 on the other hand focuses more on the treatment and care of persons with mental disorders rather than provisions related to workplace mental health.
However, one relevant policy available for workers’ mental health is the National Mental Health Policy (revised in 2012), which in general provides strategies and guidelines to address issues in mental health, she pointed out.
With the Mental Health Regulations 2010, she said there was room to expand these regulations to more comprehensively cover workplace settings, integrating support structures for employees.
