Get the jab if you want the job

Observing the current ‘Full Movement Control Order’ in Malaysia which came into order on the 1^st of June, one may find themselves going through another endless ‘Stay at Home’ situation, just like MCO 1.0 which was implemented on 18^th March 2020. Masks, sanitisation, hygiene has become part of our daily lives and is crucial to maintain the health and safety of workers during this period. Despite the worsening conditions and the rising cases of Covid, people still need jobs to support themselves and their families.

According to Section 15 of the Occupational Safety and Health Act 1994, it is the employer’s duty to ensure the safety, health and welfare of all their employees. It is truly not easy for the employers to get their employees vaccinated due to the shortage of vaccine supplies. Even if the employer is able to find a supplier of vaccines for his employees, the costs will be burden and strain on the employer. Therefore, employers will hire selectively, giving those who are already vaccinated more priority, and in doing so are able to prevent themselves from breaching the Act. So, how are unvaccinated individuals going to ‘stand out’ from those whom are vaccinated?

Companies are choosing to do this because Covid does not discriminate and it excludes no-one, it is their duty to not only protect their employees but the safety and well-being of family members, customers and personnel whom are in direct contact with the company’s employees. Hence, vaccination plays a major factor when it comes to considerations taken into account by employers whom are hiring. In short, it may be favourable for the country in its attempt to reduce covid clusters but as a side effect, employment opportunities will only be more favourable to those whom are vaccinated. Specifically, the “Blue-collared workers” whom are our brave frontliners, whom are usually more exposed to the virus due to the nature of their work, are particularly affected by this prejudicial situation for the time being.

However, vaccines are not mandatory, and existing employees are given the choice of whether or not they choose to get vaccinated. Should employers provide them with vaccination it is within their right to decline the opportunity given by their employers, be it due to pre-existing medical concerns or other reasons unspecified. Job seekers, on the other end are finding it extra hard to get a job now on top of existing competition. The Malaysian Government (JKJAV) has been giving out vaccination opportunities to those who wish to get vaccinated. Everyone is allowed to register and are entitled to two doses of the allocated vaccine. The problem lies in the number of vaccinations the government can give out in a day, although the number is slowly increasing there is still a limit and thus a very long que before the whole country can be fully vaccinated. Thus, employers will favour individuals who have already been vaccinated or have made appointments to be vaccinated. Labour and employment law expert Datuk Thavalingam Thavarajah, also said that “employers may set this requirement as a pre-condition to be hired by the company although it was not a compulsory requirement stated in any law.”

Frontliners such as health care workers, PDRM and the armed forces were amongst the first individuals to receive the first batch of vaccines that arrived on Malaysian land. Followed by, employees from the F&B sector which is a notably large and important sector. Despite Covid-19, most restaurants, hawkers and other F&B counters continue to operate, the only difference being customers aren’t allowed to dine-in. A customer’s only and greatest fear when ordering food online is contamination. Whereby one of the staffs is unknowingly infected and through preparation of the food, the food is thus contaminated. In doing so creating an entirely new cluster.

For the longest time, it has been mandatory for F&B employees to attend food handling courses and receive typhoid vaccines to prevent spreading of bacteria. Much crisis has been averted through these precautionary steps. Thus, similar precautions should be taken to prevent the spread of Covid-19, as in this industry the infected will not only infect other employees but they would be able to directly infect customers through the ingestion of contaminated food. That being said it is crucial for those working in the F&B industry to be vaccinated. Malaysian Muslim Restaurant Owners Association president Datuk Jawahar Ali Taib Khan had agreed with the suggestion that vaccination should be made as a pre-requirement before working in the F&B sector.

Which brings us back to the main topic of, whether any discrimination had been made towards those who did not get vaccination. The short answer is no. Subjected to the person’s medical condition, please note that health professionals should be counsulted before taking any types of vaccine.[1]

With the passage of time and good direction given with regards to the pre-requirement to hire a new employee, we believe that people will receive vaccines soon and there will be lesser discrimination for unvaccinated job seekers.

This article should be read with the official SOP MCO 3.0 published by the government.

< http://covid-19.moh.gov.my/faqsop/sop-perintah-kawalan-pergerakan-pkp >

Teoh Ian Kang
University of London