Belgium’s four-day workweek reform.

The literature demonstrates that while European countries have embedded WLB protections into binding law,

Malaysia continues to rely on non-binding guidelines and employer discretion. The findings highlight

significant gaps in statutory protections, particularly regarding flexible work and digital overconnectivity. The

ranking for WLB.

The article concludes by recommending amendments to the Employment Act, statutory recognition of the right

international best practices.

balance (WLB) has therefore emerged as a fundamental aspect of employee well-being and productivity.

In Malaysia, the private sector demonstrates particular challenges in this regard. Workers often experience

excessive working hours, minimal flexibility, and rising stress levels. According to the Global Life-Work

Balance Index (2023), Malaysia was ranked second worst globally for WLB, reflecting systemic deficiencies.

The Wellness at Work Report (2024) further indicated that 67% of Malaysian employees reported burnout

symptoms, underscoring the urgency of reform.

Despite the growing recognition of these issues, Malaysia’s legislative responses remain limited. The

Employment Act 1955 has undergone amendments, most notably in 2022, but the reforms are incremental and

fail to establish enforceable rights to flexibility or disconnection. This article therefore examines the adequacy

The European Union has spearheaded significant legislative reforms. The Work-Life Balance Directive (2019)

establishes enforceable rights to parental leave and flexible work arrangements, embedding WLB as a core

labour right. France enacted the “right to disconnect” law in 2017, which shields employees from after-hours

employer communications, thereby restoring boundaries between professional and personal life. The

Netherlands’ Flexible Work Act grants employees the right to request changes to working hours and location,

while Belgium introduced a four-day workweek reform in 2022 to address burnout. These examples highlight

how binding legislation institutionalises WLB as a fundamental worker protection rather than leaving it subject

to employer discretion.

Malaysian scholarship presents a stark contrast. Although flexible work guidelines exist, they are not legally

binding and depend heavily on employer goodwill. The Employment Act 1955, even after the 2022

that the absence of statutory rights to flexibility and disconnection leaves employees exposed to poor working

conditions, with consequences for both well-being and productivity.

This article employs a doctrinal and comparative methodology. The doctrinal analysis evaluates Malaysia’s

legal framework, focusing on the Employment Act 1955 and its 2022 amendments. It considers how existing

provisions address, or fail to address, WLB. Ministerial guidelines and related labour policies are also

reviewed to assess the broader policy environment.

The comparative analysis examines three jurisdictions—France, the Netherlands, and Belgium—selected due

and Belgium’s four-day workweek reform represent binding legal frameworks that address modern workplace

leave and provisions for employees to apply for flexible work arrangements. However, the approval of such

Similarly, no statutory recognition of the right to disconnect exists, exposing employees to the pressures of

constant digital availability.

These gaps explain why Malaysia continues to rank poorly in global indices of work-life balance. Without

enforceable entitlements, employee welfare depends on individual employer policies, creating inconsistent

protections across industries.

Malaysia’s reliance on non-binding guidelines underscores its legislative shortcomings. While employers are

encouraged to provide flexibility, the lack of statutory guarantees perpetuates systemic vulnerabilities.

Employees face the risk of overwork, burnout, and declining mental health, while the economy suffers from

reduced productivity and talent attrition.

challenges. By leaving employee protections to the discretion of employers, the current framework perpetuates

inequality between workers in progressive organisations and those in more traditional industries.

Cultural attitudes compound the problem. The long-standing valorisation of long working hours fosters

resistance to reform, while stigma around mental health prevents employees from voicing their struggles. Such

the Sustainable Development Goals, particularly SDG 3 (good health and well-being) and SDG 8 (decent work

and economic growth).

Malaysia’s current WLB framework is limited and discretionary, leaving significant gaps in worker protection.

Comparative insights highlight the importance of enforceable legal rights, as seen in France, the Netherlands,

and Belgium. To address these gaps, this article recommends three reforms:

Amend the Employment Act to provide statutory rights to flexible work arrangements.

Legislate the right to disconnect, protecting employees from digital overconnectivity.

Institutionalise mandatory wellness reporting, ensuring transparency and accountability in promoting worker

well-being.

May 20, 2025, from https://employmenthero.com

Geneva: ILO.

Government of Malaysia.

the Netherlands.

Belgium.