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Is Work-Life Balance Legally Enforceable? Insights from Minimalist
Values
1
Nur Aqila Zainuddin,
1
Nurul Afiqah,
1
Putra Khairul Amirin Azman Shah,
1
Siti Maisarah Jaafar,
2
Gurprit Singh Sarjit Singh,
1
Ashran Idris,
1
Mohd Haris Abdul Rani*
1
Faculty of Law, University Technology MARA, Malaysia
2
Faculty of Business, Accountancy & Law, SEGi University & Colleges
*CorrespondingAuthor
DOI: https://dx.doi.org/10.47772/IJRISS.2025.910000591
Received: 26 October 2025; Accepted: 04 November 2025; Published: 19 November 2025
ABSTRACT
The current capitalistic society pushes materialistic nature that goes against minimalist lifestyle while
indirectly encouraging overworking culture. This paper, thus, intends to discuss the essence of work-life
balance within the context of minimalist views, which are feasible to be legally enforceable within Malaysia's
legislature. It will highlight societal values on moderation that are not foreign to Malaysia yet have been
drowned by the capitalist and maximalist drive, which prevents work-life balance; both by choice and by force
against the employees. The literature review will then proceed to ground the current standing of literature and
legal works pertaining to work-life balance within the context of minimalism while engaging with a
comparative highlight towards the Nordic States including Denmark, Finland, and Sweden which successfully
legalise work-life balance. Emphasis is also given on the current International Labour Organisation
entanglement with Malaysian law to the concept of work-life balance. In this research, the paper will focus
itself to the scope of doctrinal and juridical-normative by focusing on the effective method of comparison
between the Nordic model, which can be adopted into Malaysian employment law. The findings demonstrate
the acceptability of work-life balance culture among the newer generations in Malaysia, lack of welfare
adaptation within Malaysian employment law, successful legal framework stemming from cultural
appreciation to the minimalist work-life balance and struggling economic livelihood which abolish the capacity
of work-life balance in many households. Thus, this paper recommends social media engagement to pressure
the government, bill drafting in the Parliament, educational reform, and reinterpretation of the term ‘life
within Article 5 of the Federal Constitution through judicial review are the appropriate suggestions of
increasing the likelihood towards a legal enforceability on work-life balance. Hence, this research concludes
that work-life balance is feasible to be implemented in the Malaysia legislature provided that it is emphasised
by the masses of the public within an actual and adequate social necessity rather than an activist outcry.
Keywords: Work-life balance, minimalist, employment law, labour rights.
INTRODUCTION
“But seek, through that which God has given you, a home of the Hereafter, and (yet), do not forget your share
in the world”. The essence of balance was perpetuated in a minimalistic yet sufficiently compressed for the
reader within the Quranic verse of Chapter 28, verse 77. This positive message of balance rang clearly even in
other scriptures. In Ecclesiastes 3:1 from the Old Testament, King Solomon stated that “To everything there is
a season, and a time for every purpose under heaven”. Jesus, on the other hand, in Mark 6: 31, said “...Come
away by yourselves to a desolate place and rest a while.” For many were coming and going, and they had no
leisure even to eat”. This Abrahamic repetitive idea of balance may centre itself on the notion of both
spirituality and real life, yet a patent aspiration to the work-life balance can be constructed with it as the
foundation.
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Such religious views may pose as mere idealistic, old wisdom; but their message on moderation is parallel with
the minimalist view. Yet, the adaptation of a minimalist work-life balance, be it globally or in religious States
is redundant in nature (Remote, 2024). This substantiates the issue of legal enforceability rising from the
dilemma between efficient economic productivity and personal welfare (Marecki, 2024). Without grounds of
rights and the optional capacity for its fulfilment, a maximalist effort is expected to generate profit with a
return of minimum living fulfilment to the workers (Alessandrini, 2016). Ironically, the concept of work-life
balance first flourished within Western values (Ramya, 2014). It cherishes mental stability through familial
bonds and spiritual connection, catered as rightful individuals’ enjoyment rather than waged responsibility.
Resultantly, this conceptual necessity is carried forward in foreign nations and interpretively adapted to their
own ethics and values (Asutay, Buana & Avdukic, 2014).
In How Minimalism Can Help” (2018), minimalism was self-defined by Joshua Fields Millburn and Ryan
Nicodemus as a reflection of enlightenment and practicality of what truly matters in life. The view itself is not
a cult-like extremism that drives a stake at the heart of consumerism but challenges the necessity of material
gains that are unfulfilling as compared to the simplistic lifestyle. Undoubtedly, it creates a chain of questions
against the practice of putting one’s heart into employment that either hunts for endless wealth or neglects
one’s liberty or both in entirety. Hence, the main issue is clear: perhaps the minimalist way of life should be
the foundation of living for a healthy work-life balance to sprout. After all, this paper intends to perceive this
issue through a comparative outlook on European countries' work-life practices, such as in Denmark, Sweden,
and Finland.
According to the Organisation for Economic Cooperation and Development, Denmark was named as the
country with the most optimum work-life balance in the world (OECD, 2024). This was due to the Danish
community's different perception and mentality on the length of working hours. Globally, workers are numb to
employers' expectations to work more hours, and Western society deems it honourable (Gomez-Baggethun,
2022). Danish culture, meanwhile, considers it a shameful act of time management failure to schedule one’s
work appropriately (Denmark.dk, 2025). The ingrained stereotype peculiarly creates a healthy environment
that nurtures the development of self-respect and family bonds through personal, undisturbed hours (Johnsen,
2024). Furthermore, statistical data by the OECD finds that only 2% of Danes have to work regularly in a
long-hours timeframe. Coupled with the flexible working hours, Danish citizens have made an undeniable
custom of self-respecting employees, creating an example to many nations of a holistic lifestyle (OECD:
Denmark, 2024). It thus showcases the necessity of self-respect and self-appreciation’s normalisation in
employment for it to be incorporated within the legal schemes.
Such religious views may pose as mere idealistic, old wisdom; but their message on moderation is parallel with
the minimalist view. Yet, the adaptation of a minimalist work-life balance, be it globally or in religious States
is redundant in nature (Remote, 2024). This substantiates the issue of legal enforceability rising from the
dilemma between efficient economic productivity and personal welfare (Marecki, 2024). Without grounds of
rights and the optional capacity for its fulfilment, a maximalist effort is expected to generate profit with a
return of minimum living fulfilment to the workers (Alessandrini, 2016). Ironically, the concept of work-life
balance first flourished within Western values (Ramya, 2014). It cherishes mental stability through familial
bonds and spiritual connection, catered as rightful individuals’ enjoyment other than waged responsibility.
Resultantly, this conceptual necessity is carried forward in foreign nations and interpretively adapted to their
own ethics and values (Asutay, Buana & Avdukic, 2014).
In Finland, this balance is not only culturally appreciated but also protected by strong legislative systems. The
Finnish model combines statutory benefits, flexible work arrangements, and a social welfare system that
prioritises employee well-being (Savage, 2019). These legal measures mirror broader social ideals, such as a
minimalist ethos that emphasises simplicity, personal autonomy, and the importance of life outside of work
(Llyod, 2020). Finnish labour rules give employees considerable parental leave, flexible work schedules, and
the ability to change working hours to fit personal or family demands (Eurofound, 2022). These policies are
based on a greater national commitment to social equality and human dignity, which encourages people to
have meaningful lives beyond economic production. Furthermore, Finland routinely ranks well in worldwide
work-life balance and happiness surveys, indicating a clear link between legal protections, minimalist cultural
norms, and overall well-being (OECD: Finland, 2025).
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The principle of the balance between work and life is also embraced in Sweden, with gender equality as its
forefront nucleus (OECD: Sweden, 2025). This suits the Swedish term: Lagom, meaning “not too much, not
too little,” “just enough” or “good enough,” depending on the context and international media have picked up
the word, suggesting it might be the key to living a balanced life (Bergo, 2021). The majority of Swedish
companies allow their staff to leave earlier on Fridays, and most offices will be closed a day before a public
holiday in the spirit of preparatory celebrations. The major driving force is based on the State’s continuous
stride to equalise the gender gap in the workforce for the country’s economic growth (Björk-Fant, Nordmyr &
Forsman, 2024). These steps, for example, are exemplified in 1974, when replacement from gender-specific
maternity leave to parental leave. This creates the possibility for both parents to stay at home with their
children and, subsequently, for both parents to pursue a career.
However, this spirit of adaptation may not necessarily reach other states or be given a proper emphasis, which
may include Malaysia. For example, the distinction made between ‘contract of service and ‘contract for
service’ was established within the Employment Act 1955 and the Industrial Relations Act 1967. It becomes a
double-edged sword that allows proper recognition to employees and independent contractors but gives rise to
differing institutionalised rights that complicate legal, standardised work-life balance policies. Consequently,
discriminative interpretation becomes rampant, with advocacy for rights on minimalist views in working life
being left unheard (Linando, 2022). Thus, summarising Malaysia’s work-life balance as both poor and grim is
not an exaggeration (Morhan, 2024). Further obsession with the workaholic attitude fuelled by low income
further feeds the ignorance of the work-life balance sector by both private and public industries (Aono, 2024).
Despite robust recommendations and solutions being provided by the International Labour Organisation, the
leeway of necessary ratifications for them to be legally binding prevents an overall formation of employment
rights and work-life balance in legal constructs (ILO, 2024).
Undoubtedly, this mentality strives for improvement and development but fails to validate minimalist
moderation in livelihood. As a result, even the basic rights of sick leave, maternity leave, and rest hours are
stretched thin to accommodate corporate demands or the burning drive of maximalist livelihood. In turn, a
problematic conundrum appears on the possible adaptation and acceptance of the aforementioned foreign
policies and culture into Malaysia despite the challenges en route.
LITERATURE REVIEW
Reborn from the new administration, the Malaysian government's introduction to the concept of MADANI,
which includes sustainability, well-being, respect, and courtesy under the reign of the Prime Minister Dato’
Seri Anwar Ibrahim that allows an implied open-ended encapsulation of the idea of work-life balance
(Abdullah, 2023).
Without doubt, the notion proposed by the Prime Minister itself was grand but idealistic in nature to be
realised in such a short term. This is due to the absence of cultural integration of those abstract natures into
Malaysians in an effective form other than informal familial teachings of morality at homes and formal civics
education by teachers in schools (Chang, 2013). This limitation remains fruitful in ensuring the instillment of
good qualities and worldviews in Malaysian youths that may carry into adulthood. However, its universality
leaves little room for specific mentality to be taught, including employment expectation and rightful reaction to
it in the general household. Ironically, an analysis of these teachings is published in a journal article whereby it
was discovered that the very repetitive nurturing values in each generation are of a ‘hard-working’ attitude that
later feeds on a toxic working environment and pushes aside work-life balance’s view (Yasin et al., 2021).
Granted, this article has no intention to demonise the value of ‘hard-working but to highlight the failure of
asserting boundaries between excessive hard work that denies self-respect and genuine hard work that is
humanely responsible among Malaysian workers. Without the aspiration to stop oneself from a maximalist
drive in the workforce, the cycle of non-existent work-life balance will continue as has been showcased in the
above literature.
Emphasis on this matter would remain difficult, as the government is unable to portray the discrepancies in this
matter in their engagement with the public when showcasing the working conditions. To illustrate, the
Malaysian Investment Development Authority websites (2025) described the working conditions as
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harmonious with high productivity while implying acceptable working hours by stressing its set time limit
within normal working hours. While not necessarily dishonest, MIDA provided the facts in the form of content
grace despite it may be seen as atrocious working conditions in others view. It paints the Malaysian working
environment in an unfairly positive manner without providing proof while disregarding the notion of work-life
balance and silently implying a normalisation to these settings, be it intentionally or not. Perhaps, the
glorification of Malaysia’s employment is a hastened blowing of its own trumpet when the Government of
India, in its description of the working conditions of Malaysia, was absent of positive accounts. Rather, it
represented a neutral tone of insisting on clarifications from the locals themselves in determining the truth
(High Commission of India, 2025). After all, a study of 60 countries' work-life balance had placed Malaysia at
the second worst position (Sinar Daily, 2024). It reflects poorly not only on the flaws of cultural normalisation
to overworking employees but also on the desperate legal enforceability of the work-life balance that is now
deemed insignificant. These repetitive scenarios can be seen in highly concentrated job industries, especially
among the newer employees from the youths who are forced into the toxic maximality within employment
routines by their superiors (MalayMail, 2024).
Interestingly, despite the overloading statistic of overworking among Malaysian workers, the youths are on the
rise, expecting work-life balance to be the bare minimum provided by the employers and honoured thoroughly
without the risk of being wrongfully dismissed (Sipalan, 2025). Such resistance is arguably at an early stage
but remains unprecedented and has been opposed as described in the same news, whereby Fiona Low,
president of the Malaysian National Association of Employment Agencies, had called out this new
phenomenon as a result of a ‘high sense of entitlement’ from younger generations. It explains the negative
view purported by the industry that seeks a steady, high stream of profit by villainising a reformation to the
system with both their position and media influence. With the defeatist connotation of work-life balance’ as
‘entitlement,’ ‘spoiled,’ and lazy,’ it becomes much simpler to deter Malaysians away from the current, horrid
condition. Thus, we are expected to remain grateful for meagre salaries and strenuous work while disregarding
our own well-being. The silencing and accusing trends that have been on repeat in this fight towards work-life
balance will never be won by the youths unless there is an intervention of legal proximity, which can only be
fulfilled by the government due to the inability of society to fight these giant corporations, as had been shown
earlier. Until the Malaysian government is able to stop from being defensive by highlighting their minute
achievements towards employees’ rights when the issue of its discrepancies, including on work-life balance, is
brought up and admitting their own flaws on the issue, this matter would remain as a working draft that can be
done at their own convenience (Basir, 2025).
Even when the International Labour Organisation (ILO) attempts to improve the employees rights globally to
a proper working condition that does not exclude work-life balance, it remains undeniable that it cannot
supersede the sovereignty of the States, including Malaysia. The 19 Conventions and 1 Protocol that had been
ratified by Malaysia out of 191 Conventions that had been formed by the ILO is not only unimpressive but also
a clear proof of the non-binding ties of these resolutions, which bear little legal effect against independent
countries. Furthermore, it must be noted that the ratified resolutions aforementioned were only in complete
legal effect in the amount of 15, whereas the other 3 were abrogated and another one denounced. The absence
of ratification to the Home Work Convention, 1996 (No. 177) and Weekly Rest (Industry) Convention, 1992
(No. 14) by the Malaysian government is sufficient proof that the current Malaysian administration has yet to
find work-life balance significant enough to be legally regulated. The extent of hopelessness in the realisation
of work-life balance as a result has reached the point whereby it is seen as a utopian dream that further
discourages both the government and the people from pursuing it at a more aggressive level (Cheng, 2022).
Chang Cheng, in his view within the analysis made on behalf of the Institute of Strategic and International
Studies senior analyst, had further elaborated that the ‘pro-employers’ and ‘pro-business’ attitude is a legacy of
the British occupation to the nation’s administration that has yet to be abolished due to its deep roots (Kumar,
2022). In other words, unless there is a maintenance of the same drive for work-life balance that has been
shown by the current young employees for the next few decades until the current workers are all replaced by
them, the overworking trend will not disappear.
A development of trend is revitalised or begun by an adverse effect significant enough to the public’s life,
causing a stride of change to preferences or livelihood; with the concept of minimalism being inclusive to this
order. A realisation of economic immaturity within one’s own capacity, the burden of overbearing
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responsibilities that attached itself to a maximalist lifestyle, or just the lack of fulfilment behind the general
idea of a wealthy lifestyle are some of the causes that give traction to the minimalism ideology (Weinswig,
2016). Regardless of the reasoning behind it, they all bear an implied trait of similarity: tiredness, boredom, or
draining. This cycle happens to be repetitive with an ending that is predictably regretful, as these very people,
such as the CEO of Hijabistahub, Dato’ Aliff Syukri who wished to downsize their livelihood after realising
the commitment that comes with the sustenance of the luxury and opulence way of life that reaches millions of
bills (Farizan, 2025). In contrast, minimalism, in all its grand promises and offers, provides no empirical
evidence for its beneficial claims, yet remains relevant through the logical deduction of possible repercussions
to its adoption, where a more sustainable life that is indiscriminate to all races and statuses is achievable as it
caters to individuals’ means and efforts (Kang et al., 2021). In the modern context where overconsumption is
the norm, minimalism appears as a messianic message, not just as a mere growing bud to the beauty of
simplicity, but also as a way of repossessing one’s own autonomy (Hook et al., 2021). Undoubtedly, every
person is responsible for their own selective choice, generally speaking, but the concept of minimalism that is
simplistic by nature is now seen as paradoxically empowering, as it creates the feeling of security in retaking
control to their own will through personal choice that is not influenced by others.
An extension to the said minimalism seeps into the ideology of work-life balance in the sense of the un-
glorification of overworking. It is by no means a call for a narrowed limitation placed upon others at a meagre
bare minimum or an estoppel to self-improvement on personal economic stance, but rather a restraint to the
damaging stress and conflict that arises from extreme working devotion (Sirgy et al., 2017). Work-life balance
by itself has been defined with an inexhaustive accumulation of factors that affect an employed individual,
ranging from job satisfaction and productivity to mental health and the overall effect of the employment on
existing relationships with other people in one’s life (Lahav, 2025). Thus, the concept of work-life balance in
the context of minimalism should not be misconstrued in a contextual variant that is irresponsibly renouncing
by the total concept of working, especially when Sirgy, in his paper ‘Work-life Balance: An Integrative
Review,’ further elaborated the positive by-products of work for the employees, with the current emphasis that
should be focused currently on the methods in bridging the said benefits over to our non-working life. The
aforementioned non-working life was further elaborated to be inclusive upon personal time or better known
from its unorthodox equivalent as ‘me-time,rather than just restricted family-time bonding, as the term life’
itself is not restrictive. After all, such restriction being placed upon common interpretation and analogical
examples is considered ironically neglectful when the concept of work-life balance itself is a reformation
ideology to free people from the corporate shackles regardless of individuals. Yet those who are without family
attachment are indirectly disregarded over the mere assumption of a lack of familial responsibilities that can be
filled with a bigger employment burden, as these lone wolves’ own personal care and rest are seen to be less
significant and easily dismissed (Boutelle, 2017).
It is worth noting that the position of work-life balance would also be heavily affected by the ‘genre’ of
employment that a person chooses. After all, a person who chooses to work within the umbrella of ‘service for
contract or better known as gig workers are granted a flexible work capacity, granting an opportunistic
standardisation of work-life balance. Yet, that unpredictable pattern resulted in lower pay and unprotected
rights that are common in normal employment (Warren, 2021). From a different perspective, this effect is not
necessarily optional, as it may also stem from an inherent, innate self in a volatile working environment. An
illustration can be made to lecturers whose job scopes commonly require them to hold their class within an
online setting. They are said to have a greater work-life balance than ever before, to the point that it was
applied relatively throughout many universities courses even after the post-Covid necessity (Nur Azilah,
2018). On the other hand, a woman, specifically, in a legal industry has a far more terrible work-life balance
due to not only the typical burden of litigations and legal work required to be completed, but also the pressure
from high expectations by their employers stemming from unintended misogynist perception (Gomez, 2024).
Simply put, the determination of work-life balance in Malaysia is generally based on one’s own independent
choice, but the backlash would also have to be taken, for better or worse. It is not completely hopeless, as that
new young drive of ‘enjoyment of life’ along with the burn-out energy from working has reduced many
employees to the mentality of ‘work to live, leading them to settle for mediocre pay or even threaten self-
dismissal if their work-life balance are to be heavily disturbed (Yee, 2023). Such bravado, while
commendable, is a luxury that can only be portrayed in normal corporate/office jobs that run from ‘9 to 5’
rather than professional work such as lawyers, doctors and engineers.
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It is a completely distinctive cultural practice when this working norm in Malaysia is being compared with
States that highly appreciate the appropriation of work-life balance in the name of long-term productivity. This
includes Sweden and Denmark as the top 5 praised sovereign countries that are small yet capable of achieving
an institutionalised work-life balance through their own local administration (Ruggeri, 2024). Even Finland,
that will be discussed throughout this paper, merely falls short at the 7th position, which remains highly
commendable as it was being compared with the other 195 countries (Remote, 2024). It is even more
impressive when it was revealed that there is a hesitancy among employers in Europe within the general
understanding to implement a policy that is congruent to the work-life balance to suit the business fluctuation
(Eurofound, 2015). In other words, such implementation was successful not only due to their own sovereignty
of States but also for the lack of negative political attention that is directed to them within the European Union
(Riedal, 2021). Ironically, these so-called ‘Nordic states,’ as stated in the same article, have built strong
decisive positions within the European Council whereby they might enforce political pressure towards other
European States in following their footsteps in administration and legalisation of human rights; work-life
balance included. Thus, it must be considered that these Nordic states were accurate in their implementation of
work-life balance for their countries to be a reference model or better known as the ‘Nordic model’ to other
countries (McWhinney, 2023). After all, an inequitable work-life balance in the name of efficiency has not
been shown to be a foolproof method of being at the top chain of the economic fluctuation, as demonstrated by
South Sudan, which suffers from such consequences yet remains as the country with the worst economic
ranking (Mohamed Salih et al., 2023). These Nordic states on the other hand, are in the top 48 countries with
the highest economic revenue that is calculated through gross domestic product (Worlddata, 2025).
In reference to the first of these Nordic states with the highest economic stance between the three of them,
Sweden has to be outlined and highlighted as the primary comparison to the work-life balance implementation
in its country and in Malaysia. To start with, Sweden provides a unique background to explore the legal force
of work-life balance, as it is a nation that values the concept of freedom and recreational pleasures at a more
intimate level when compared to Malaysia, to the point of it being constitutionalised in their statutes (Savage,
2021). This was substantiated through a combination of a comprehensive legal basis with a national culture
that is specially fuelled by the Swedish love for their tradition and the Swedish ethos of lagom, or "just
enough." Lagom can be understood as the very antithesis of excessive work and laziness at the same time. To
elaborate, it is a folk law that has been established for generations, to the point that it does not necessitate a
genuine, legal formation due to its embedded acceptance within the Swedish people as ‘common sense
(Shipleys, 2011). The philosophical idea behind lagom emphasises ‘balance’ as the optimal condition of living,
whereby a stressful life is harmful and a relaxed, unbothered attitude is damaging (Nikel, 2019). This balance
between mandate and cultural viewpoint offers perception into how approach and philosophy can cut across
deeply as it carries into employees interests even in modern settings. To be frank, the application of this
lagom/balance in its representation of work-life reached a general consensus or at least was positively followed
by the majority of the Swedish citizens, be it the employees and the employers alike. Thus, the existing legal
system or policies in Sweden, particularly on workplace routines, are moulded by this cultural support that
allowed a comprehensive practice throughout the nation. It must be taken into consideration that each person’s
perception of their own balance is different from another, and the implementations are widely applied
successfully in the Swedish public sector, while the private sector possesses higher volatility that may cause
some to take on longer hours and overtime, albeit still legally constrained to a small, allowed time frame
(Peters, 2015).
Sweden’s legislative environment has long been a stickler for honouring their commitment to work-life
balance. To substantiate, the working hours in Sweden are set in the Working Hours Act, whereby the legally
allowed and acceptable working time limit that is acceptable in both public and private bodies is a maximum
of 40 hours per week, with overtime capped at 50 hours per month and 200 hours annually unless governed
through collective agreements (Gustafsson, Brandsma, Arleskär, & McLoughlin Laewen, 2024). This legal
limit not only ensures that employees are protected from excessive workloads but as an investment in
satisfactory reciprocation that is translated through a more productive working attitude. Such a method was
proven to be significantly effective, as improvement to healthcare services among workers who are employed
for long, gruelling hours, like nurses, took a positive turn of better treatment towards patients, which also
further reformed the organisation of attendance due to reduced sick leaves (Congregalli, 2018). In addition,
Sweden also enforces generous vacation rights under the Annual Leave Act, which guarantees a minimum of
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25 paid vacation days annually and mandates that four of these weeks fall between June and August
(Gustafsson et al., 2024). Its implementation is enforced with strict encouragement despite the unused holiday
being able to be carried to another time, as the time frame stated earlier is within the season of summer. This
period is known to cause certain communities among the Swedes to suffer from a conditional depression
during this period, making them depressingly unproductive and a danger to their own self (Charlemagne,
2007). Moreover, the Swedish Parental Leave Act entitles parents to 480 days of paid parental leave, with 90
days reserved specifically for each parent. That being said, maternity leave can be taken 60 days before the
child’s due date. This law not only supports work-life balance but also promotes gender equality by
highlighting the paternal significance within a family structure that often neglects a father’s involvement
through the constraint of workloads (Gustafsson et al., 2024). These structures show that work-life balance is,
to a great extent, legally enforceable in Sweden through the efforts of its responsible administration that are
heavily influenced by their local tradition.
Beyond legal power, Sweden’s workplace culture actively holds up employee personal welfare. Most
employers furnish flexible working hours to their employees, which enables these employees to handle work
as well as private responsibilities productively. Perhaps this is a key difference between the legal applications
that are considered by Sweden when law-making procedures are exercised, as the employment responsibilities
and private responsibilities are correlated with one another. As separation of the two led to an imbalance in
workload that is often burdened towards women, most advice is often pointed towards compartmentalisation of
work or an encouragement to husbands to step up that has been unsuccessfully adapted in many households
(Muhammad Atif et al., 2018). The Swedish legal system abolished such excuses and unachievable alternatives
by providing ample time for individuals to attend to their familial duty, be it as a spouse, a child, or a parent,
without the risk of being legally disturbed by their employers in both the public and private sectors. The
culture in Sweden also discourages excessive overtime and stresses efficiency within operating hours, as it
merely reduces their overall productivity while reducing the workers welfare, making it pointless for an
extended period of working hours just to earn some extra profits. Another key aspect in Sweden is their sick
leave system, which is legally exercisable throughout the country. In this regard, employees will graciously
receive 80% of their earnings for the first 14 days of sick leave, which is paid by the employer, and will be
followed by government assistance through the Swedish Social Insurance Agency (Gustafsson et al., 2024).
This extensive safeguard that is simulated in tandem by both the private and government bodies permits
employees to prioritize health without risking economic instability or mentally-guilt into working while being
ill.
Another notable perspective of lagom within the Swedes is that it preaches minimalist values, at least in the
sense that it is against the maximalist lifestyle by having ‘just the right amount,’ nothing more, nothing less.
This cultural idea encourages moderation in all life aspects, including work (Bergo, 2021). Lagom supports the
idea that excessive work or material gain should not come at the expense of well-being. After all, with the
majority of the Swedish population adopting secular belief, a life dedicated to work is not viewed as righteous
or honourable but rather an unappreciated, unrewarded lifestyle which is nothing but unnecessary, self-
inflicted torment that profited the higher-ups alone (Sievert-Kloster, 2021). Therefore, certain minimalist, non-
legal, working traditions are put in place to prevent oneself and future generations from falling into such a trap
of employment. The fika tradition is one of them, whereby taking regular coffee breaks with coworkers
prevents oneself from being stuck in a particular workload while muddling in excessive stress. It is not a mere
break from work but also a short time to refresh and mingle, enhancing both mental health and workplace
bonds (Harper, 2023). As a result, there is a detachment from a maximalist drive from the working condition
among the employees as they are inadvertently practicing a placement of boundaries between the employment
expectations and their mental capacity that can be responsibly expended for the sake of earning wages.
Next, a reference to Finland’s adaptation to work-life balance through the scope of minimalism must also be
taken into the spotlight. Finland’s legislative design does not operate in isolation of their minute administrative
interest but is deeply intertwined with its societal and cultural philosophy. A better specification of such a
claim can be seen through its conveyance of effort within the Cultural Environment Strategy that highly
focuses on an almost ‘egocentric priority of its own citizens’ well-being (Council of Europe, 2018). This
review is by no means a criticism of the said stance since all countries prioritise its own people, especially
when the Finnish government does mould the strategy into a successfully comprehensive strategy that benefits
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their people. Without doubt, the Finnish ethos that embraces minimalism is not acting as mere aestheticism but
as a structural and legal approach to well-being and productivity that caters to liberal, modern ideology for the
sake of an optimal environmental growth across all sectors, which inevitably includes employment (Finland
Ministry of Education and Culture, 2023). As a result, there is a cultural acceptance that grows without being
necessitated by policy and law whereby a flexibility of working hours is given to employees with the baseline
expectation for a fulfilment in working performance, even for those who work in typical office jobs
(Ventoniemi, 2024). Resultantly, it became acceptably more common for Finns to do overtime, though it is
based on personal preference of improving one’s own economic development rather than a forceful
desperation of monetary need, though there is recent non-legal persuasion from the anxious possibility of such
mentality causing a reduction to the country’s economy on a long-term basis (Kokkinen, Jalasjoki &
Obstbaum, 2025). Even then, an approval for a paid extension of work outside of the agreed working hours is
mandatory to be received from the employers, who would usually require a reasonable cause to justify the act
(Tradenomi, 2024). This is due to the rate of overtime work reaching up to 150% to 200% of the daily salary
rates, which, when taken into consideration of the losses that may be incurred by the employers along with the
cultural acceptability to work-life balance, may lead to the employers being hesitant in granting it (Finland-
Internago, 2024).
In further elaborating the legal implementation on employment, a reference to the Working Hours Act in
Finland can be made, where it provides employees with the right to adjust their daily working hours by up to
three hours to accommodate personal and family commitments (Eurofound, 2024). This flexibility is not only a
reflection of workplace policy but also a representation of societal respect for individual autonomy and time
management. The flexibility and adjustment authorised by the law afforded the guarantee of salary payment to
individuals, thus allowing a multitude of necessary arrangements to be made, such as picking up children from
schools, attending doctor’s appointments, or a quick short rest. Consequently, it prevents an obsessive
attachment to the workplace that will deteriorate to the point of disregarding individual well-being and family
responsibilities (Maguire, 2023). An emphasis on this matter is deemed significant to the Finnish
administration, as the employment ratio between men and women is of an approximate low gender disparity
difference (European Institute for Gender Equality, 2024). The paid and flexible working hours encourage
participation of both genders in household obligations, which prevents an imbalance of involvement from a
single parent or partner within the relationship; causing a strengthened bond to a minimalist value that signifies
the importance of a simple but conducive unit of life. Moreover, Finland has institutionalized an extensive
parental leave policy, with both parents eligible for a total of approximately 14 months of leave, emphasizing
gender equity and shared responsibility in caregiving (Savage, 2022). To a certain extent, while it may slow
down the productivity of the workplace due to the reduction of employees, the State as a whole may profit, as
the involvement of both parents may generate revenue in the hospitality and services field to cater to a child or
newborn need. At the same time, the ‘cultural policies’ have internalised empathy and understanding among
employers, in which a rigid expectation of dedication to work is not only frowned upon but would have an
adverse effect on the business itself due to such environment being deemed toxic and disapproved by other
future employees or potential joint ventures.
In addition to these legislative protections, Finland’s strong welfare infrastructure supports its workforce with
access to high-quality childcare, healthcare, and mental health services. These provisions ensure that
employees are not forced to choose between personal obligations and professional performance, a dilemma
that continues to plague less progressive labour systems. It must be understood that such a quality balance
between well-being and employment interest is hanging on the thread of high-income tax reaching up to 35%,
but with a return of dividend for 30% along with the repurposing allocation of tax to this welfare infrastructure
(Worldwide Tax Summaries, 2025). Its excellent implementation resulted in low corruption due to the
sustainability of these legal accommodations that led to a productive welfare investment that lacks money
laundering schemes, turning it into a cycle of positivity (Trading Economics, 2025). Notably, Finland’s
recurring top rankings in the OECD Better Life Index further validate the effectiveness of these integrated
strategies (OECD, 2025). The Finnish model exemplifies how a deliberate convergence of minimalist values,
social equity, and legal enforceability can actualize work-life balance not just as an ideal, but as an operational
norm.
Moving on, Denmark by itself has consistently ranked among the top countries for work-life balance (WLB),
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as evidenced by its low proportion of employees working extremely long hours (1% vs. 10% OECD average)
and flexible working culture (OECD, 2024). It may have fallen short in recent time; standing tall at the third
place among the countries that substantiate the greatest work-life balance, but it remains regular in both its
reputation and execution of administrative excellency for the employment welfare.
In terms of workplace regulations, the Danish government is more facilitative than prescriptive. Unlike many
other countries, Denmark has no statutory laws governing conventional working hours, instead leaving
regulation to collective agreements or individual employment contracts (Boundless, 2024). The Danish
employment paradigm is defined by strong union density, centralised bargaining, and limited wage dispersion.
Negotiated agreements between the state, employers, and labour established a robust organisational stage for
all aspects of employment (Warren & Hiltoft, 2024). This approach is consistent with the Nordic flexicurity
paradigm, which balances labour market flexibility with strong worker rights (Nam, 2024). The capability of
the general consensus upon work-life balance despite the limited presence of legislative enforcement is due to
the strong cultural appreciation for the welfare of workers. It can be further argued that Denmark’s
sustainability of work-life balance is an opposite of Finland’s methodology in centralising the agreement upon
the public through legal substantiation. The government plays a vital role by promoting work-life balance by
fostering flexible work arrangements such as remote work and adjustable schedules, which allow employees to
better manage professional and personal responsibilities (OECD, 2024). Despite being only persuasive in
nature, it is merely a reinterpretation and concurring position of the working culture based in Denmark that is
known as ‘Flexicurity’ (Higginbottom, 2017). Flexicurity is a welfare culture governed by the collective
conscience of society that prevents a mismanagement or an opportunistic setting to establish a capitalistic
exploitation against workers, as they will be met with societal pressure.
Working hours in Denmark are mainly determined by sectoral collective agreements, with most industries
adhering to a 37-hour workweek (Hemme et al 2025). Surprisingly, long working hours are not normal in
Denmark, nor are they something to brag about (Warren & Hiltoft, 2024). The perception of the appreciation
of time management is ironically rigid to their own flexible working hours, as they deemed unnecessary
additional working hours to be a by-product of one’s own incompetence. This flexibility extends even to the
working environment, as the Danes' employers are not grounded with strict expectations of their workers’
presence in the workplace (unless it is directly tied to the spec of their work) but rather focus upon the
capability of the latter to complete their tasks, whenever or wherever it may be, within the framed duration
(Danish Chamber of Commerce and Oxford Research, 2010). Only recently, legislative revisions have allowed
a limited opt-out from the EU's 48-hour working time requirement, which includes Denmark as well, but are
restricted to standby workers (e.g., emergency responders) that are regulated attentively due to the significance
of these workers duties (Hemme, 2025). Nonetheless, careful consideration to the work-life balance is also
expected, as these workers would not have functioned effectively in their duty without proper welfare
substantiation, whereby the union agreement and individual assent are some of the more simplified required
procedures in granting the said exceptions. Another factor which leads to flexibility in working hours is also
attributed to the high trust established between the employers and their employees to the extent of allowing
work from home or working at their optimal time of convenience. This benefits the working class, as the
family prioritisation culture in Denmark is also one of the factors to this flexibility (Danish Chamber of
Commerce and Oxford Research, 2010).
Other than that, parental leave policies by the government also improve WLB, with Denmark providing 52
weeks of paid leave that can be shared by both parents and used as needed until the kid reaches the age of nine
(Gardner 2019). Employees also receive five weeks of annual vacation, with income held in separate accounts
to prevent loss during job transitions (Danish Chamber of Commerce and Oxford Research, 2010). These
measurements highlight Denmark's comprehensive approach to balancing work and personal life, which
combines institutional support with cultural values such as autonomy and trust (Danish Chamber of Commerce
and Oxford Research 2010). The most important factor in improving work-life balance in Denmark is the
government initiative in high-quality childcare. As childcare is considered the first priority for children in
Denmark, with high-quality childcare, it helps parents to work without worrying about the development of
their kids (Warren & Hiltoft 2024). In terms of outside working hours, Danish workplace culture establishes a
firm distinction between work and private life. While after-work socialising with coworkers is unusual,
businesses frequently plan office activities to reinforce trust-based flexibility in work schedules (Danish
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Chamber of Commerce and Oxford Research, 2010). This positive adaptivity catering to employees enables
them, particularly parents, to meet childcare or personal interests that contribute to high labour participation
rates for both men and women in an effort of reducing gender disparity in the equality of work (OECD, 2009).
RESEARCH METHODOLOGY
This paper proposes a dual research methodology, which includes both doctrinal and juridical-normative, to
comprehensively compartmentalise this research. The doctrinal methodology in the research paper focuses
itself on pragmatic data that can be observed and statistically attested. Hence, the paper is not adamant to the
quotation of multiple legislative sources and regulatory frameworks that are used in a comparative form
between the Nordic states and Malaysia. The juridical normative approach, on the other hand is highlighted as
a substantive method in focusing on the cultural aspect of the Nordic countries with regard to its appreciation
that blossomed into the legislative data that can be doctrinally perceived as mentioned earlier. To clarify, the
cultural-philosophical argument provided in this research cannot be thoroughly expressed within the doctrinal
context that merely serves its purpose as an empirical, observational testament of factual accuracy. In simpler
terms, this paper intends to adopt a research methodology that humanises the analytical perspective of the
research without diluting any necessary disciplines in initiating a proper study.
FINDINGS
Michael Foucault stated in his book ‘Discipline and Punish: The Birth of Prison’ that ‘... normalisation became
one of the greatest instruments of power at the end of the classical age.’ Perhaps his demise in the 1980s’
prevents him from seeing the relevancy of normalisation even to this era, where it affects the whole concept of
work-life balance on both legal and societal scale. This stance is based on our findings that will be focused
within a narrowed scope of causation. References to the literature in the findings have been mentioned and
elaborated under the ‘Literature Review’.
The first finding that can be established is that Malaysia is divided into two groups of employees, consisting of
either workaholics or moderately balanced workers who do not prioritize work over anything else. The contrast
between the separatist distinction of these two groups is highlighted through their age status. This can be seen
as the older generations are more loyal to their work and devoted their values to the proportionality of working
hours, whereas the younger generation are more likely to find work-life balance. Such a finding can be implied
through the comparative outlook between Sinar Daily’s report that speaks of the terrible work-life balance
among Malaysians and the Malaysian National Association of Employment Agencies’ criticism of slothfulness
against greenhorns who recently entered the workforce. This clearly shows that the youths understand the
expendable nature of employees and wish to maintain a transactional relationship with their workplace without
further elaborative commitments that they find no value towards. It was not only confirmed by their bolder
demands against employers to fulfil their workers’ rights according to the research made by Sipalan in 2025
but also by their fearless attitude to actually delve into personal enjoyment outside of working hours. Fiona
Low’s insult against the Gen Z for being spoiled in their view towards working is a direct reference to the
latter’s refusal from being overworked and taken advantage of by their superiors. However, outside of the two
sides of extremity and moderation, by taking into consideration MIDA’s report on Malaysia’s employment,
both of these groups have not caused any disadvantage to the working efficiency based on their silence to the
issue. This substantiates that both factions are able to commit to their responsibilities, with the only difference
being that the younger generations are not willing to go above and beyond at the expense of their own welfare.
The second finding that can be initiated is that the work-life balance difficulty to be made legally enforceable
in Malaysia due to its dissimilarity from the Nordic States model. The insight from an interview done with a
researcher, Chang Cheng, had revealed Malaysia’s past occupational, long-term effect against its people on
how working culture is viewed. As the laws were made from the mentality and culture surrounding
employment deriving from a pre-colonial era that was underdeveloped, they are bound to be destructive and
oppressive in nature against the ideology of work-life balance. As amendments and ratifications that are
congruent to the work-life balance are few based on the evidential 19 Conventions and 1 Protocol that had
been ratified by Malaysia out of 191 Conventions formed by the ILO, it is apparent that Malaysia is still
adhering to a pre-colonial mentality that has yet to strive towards human rights in the field of employment
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other than salary and physical health. Since work-life balance inclines its significance to mental health rather
than physical, it remains foreign to the Malaysian legal culture that is already unkeen on emotional inclusivity
to the lawful claims. Hence, employment is deemed as a favour sustained through monetary payment that
requires devotion as reciprocity. In other words, provided that the employers paid the employees, especially
overtime, the former are legally bound to ‘slave’ themselves for the work under the name of contractual
obligations. Under the legal foundation in Malaysia, this is not viewed as an exploitation but a fair contractual
agreement made between consenting parties who possess the capacity in making decisions. These views,
hence, make it difficult to legally enforce work-life balance in Malaysia, as it would require changes in not
only the employment law, but also contractual, business, and administrative law to name a few (these are only
some examples, as the list is inexhaustive). Such an effect may shift the country’s economic route that will not
be favourable upon many employers as contention against work-life balance will be retaliated by using legal
methodology surrounding ‘national interest’ and ‘contractual duty’.
The third finding is that the work-life balance was successfully enforceable within the legal framework of the
three aforementioned Nordic countries due to their existing culture that became the foundation of their law and
economic path. The ideology of lagom from Sweden has been the catering module that ensures the
sustainability of moderate and minimalist lifestyles in everything. From ways of living, attitude, and even
employment; all being an inclusive aspect to the ways that enjoy life to the fullest in the simplest of virtue.
This was the reason why the laws were made with the objectives of familial connectivity, according to
Muhammad Atiff’s study. A lack of ambitious extremity to working loyalty and monetary greed that existed
from the start allows the Swedish government to enforce legal limitations, which prevents overworking
without much or any resistance from its people, even among the employers in private institutions. The same
can be said when we look into Finland’s 2018 Council of Europe report that highlights the cultural
prioritisation of the Finnish citizens. The government is built on the belief and willingness to change for the
sake of the betterment of the people, even at the expense of taking losses. This was subjected to the evidence
found on their Ministry of Education websites that states their adoption of a newer, liberal, modern approach
for the increase of welfare of their people which would be extended to employment as well. Such a mindset
allows the State to make changes to the system even at the risk of inconvenience if the outcome results in a
positive naturalisation of happiness. This undoubtedly becomes the reason as to why Finland is similar to the
likes of Sweden in its success to adopt work-life balance ideology into its legal framework, as the laws
regulated around employment are very family-centric and flexible, whereby personal responsibilities may take
precedence over work. Even Denmark, which was not exponentially reported for its legal effort on
employment rights, underwent a positive work environment as declared by the Danish Chamber of Commerce
and Oxford Research. This further proves that these countries are built upon virtuous values, which prevents
them from suffering heavy losses from any economic transition, allowing them to continuously enjoy an
efficient and prosperous livelihood in both minimalist lifestyle and balanced workload. The finding further
demonstrates that these values are held upon in unity among their citizens, showcasing maturity and a long-
sighted perspective which finds the balance between livelihood, national economy and welfare.
The fourth finding determined in this research is that the struggle of Malaysia with the work-life balance is not
only based on the old-fashioned legal framework but can also be seen from the cultural and economic
entrenchment. In comparison to Nordic countries, which can be said to have succeeded in rooting the
minimalist values in their legal structures as well as their everyday life, Malaysia, on the other hand, is still
burdened by the fragment of colonial employment mentality and also overly honoured the ‘hard-working
culture in both legislative and layman level. Moreover, the legal structure remains to offer inconsistent
protection towards the informal and gig workers, especially the distinction between ‘contract of service’ and
‘contract for service.’ Thus, this resistance is usually misinterpreted as the prerogative by the traditionalist,
despite the younger generation voicing out actively about the demand for healthier boundaries that are set in
black and white through legal affirmation. The vital point is that many Malaysians have been forced to do
labours for more than the required hours just to make the pursuit of balance a distant idea. As stated by Warren
in his paper in 2021, the current economic climate, which is plagued by small salaries, job instability, as well
as the increase in living expenses creates the notion of work-life balance as more of a luxury than a right.
Hence, while it may not be a consensus problem shared by every Malaysian, it remains as a general issue
which facilitates the inability of choosing work-life balance as an option within one’s livelihood. The workers
are expected to make sacrifices of their personal well-being for financial necessity in the absence of strong
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union power and extensive welfare systems. Therefore, the findings fortified that notwithstanding increased
awareness, the practical implementation of work-life balance in Malaysia thus stays aspirational and severely
limited by the systemic constraint.
The fifth finding can be established through the potential capacity of the work-life balance culture adaptability
within Malaysian society, provided that there is a consistent push through it by the newer generations. As
previously assessed, the newly graduated and fresh employees, also known as Gen-Z, had been criticized for
their refusal to bow down to the current system, seeing it as a redress and oppression that is deemed intolerably
exchanged for the only life they had. Based on the research committed by Basir in 2025, it is clear that there is
a great possibility of reformation to the societal perspective on work-life balance provided that there is a
continuous generational influence which will normalize a new norm that fits the employment environment and
lifestyle in the Nordic countries. Yet, this is not a complete guarantee of it occurring in the future, nor is there
certainty for its changes to influence the legislative format. However, the current trend of societal pressure,
which forced legal legitimisation of the ILO’s ratification in the likes of Work from Home applicability within
the current economic drive may permit the chance of work-life balance to be made legally enforceable if
proven to be essential to the current public interest. We find that a pessimistic view to the impossibility of
work-life balance being legally enforceable in Malaysia would be a biased judgement, as the virality of culture
may give rise to newer governmental action. The previously mocked existence of mental health problems died
down as the government recognized its validity and dire acknowledgement, leading to the drafting of the
National Strategic Plan for Mental Health 2020-2025. Perhaps a repetitive acknowledgement of the work-life
balance may be successful in the near future, but the uncertainty of life gives room for further research to be
made.
The sixth finding is a direct reference to the above finding, in which there is a clear indication of legal
deficiency pertaining to employees’ welfare, arguably an indication of an absence of the ideological work-life
balance in Malaysia’s legal system. A clear comparison can be made between Malaysia and the Nordic States
legal enforcement on the employees’ rights within the context of annual leave, overtime payment, maternity
leave, and even the standardized legal sick leaves established an undeniable attention to the citizen’s welfare
by the latter government. This has yet to include the parental care law, overtime legal limit, and government
assistance, which are legally enforceable throughout the Nordic countries but are not available in Malaysia. It
must be noted that this is not a mockery or accusation against the Malaysian government being negligent with
regards to employee rights, but a call to attention that there are certain areas of law that are not only lacking
but remain insignificant to both the Legislative body and the Malaysian employers. After all, since the
Legislative body is highly influenced by the outcry of the society and their own practice in making laws, it
would be extremely difficult to draft these laws as relevant and compatible in Malaysia. This is due to no third-
party bodies voicing up suggestions to the adoption of these newer laws, nor is there a sign of a laid-back
attitude by the government based on the workaholic lifestyle led by the current Prime Minister, Dato Seri
Anwar bin Ibrahim.
RECOMMENDATION
To improve is to change; to be perfect is to change often. A quote that is often attributed to Winston
Churchill that indicates the striving of humanity in achieving perfection through growth and development
stemming from the continuous generational progression. The same perspective must also be taken as we
discussed the relevant recommendation that must be taken in the progression of legally enforcing work-life
balance in Malaysia. The suggestions are grounded by theoretical and subjective suggestions with a high
expectation of societal pressure into creating a route of acceptance to the ideology of work-life balance as a
valid concern which must be addressed by the government. Nonetheless, it is a baby step which must be made
as a catalyst in hopes for a more concrete recommendation to be made in the future.
The first recommendation that is to be suggested is an exposure to work-life balance to the general public in
multiple forms of representation. While campaigns are the norms of suggestions that we are not necessarily
repulsed against as part of the effort in enlightening the public towards the necessity of work-life balance, a
more modern approach that is closely acceptable to the newer generations should be adopted as the main
source of information. As current influencers in social media dominate the flow of market and lifestyle, it
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should not be difficult to consider them as a great medium to convey the ideology of work-life balance while
calling for its legal enforceability. Further political war in the social media that is fuelled by cybertroopers’
that sided with both the government and the opposition can be taken advantage of pertaining to this matter.
Roscoe Pound (1943) once perceived the balance of interest that caters to individual, public, and social
interests, which are necessary to every aspect that can be inclusive upon work-life balance. That is the very
talking point which is often neglected by the elitist and the higher-ups within the government that the people of
Malaysia live through on a day-to-day basis. As the view of work-life balance is, by theoretical expectation, an
endearing idea that would garner support from the citizens of Malaysia, these political influencers are to be
approached to make contents in relation to it. Resultantly, the Government would be pressured into the societal
demands in adopting more rights of employees within our legislatures, with the inclusion of work-life balance
as its centres. One may argue that this is a deliberate attempt to cause disharmony and disruption in Malaysia,
but it is an effective method that would result in either a pressurised and hastened action by the government or
a culturisation to work-life balance by the Malaysians in the masses. This is within the existential gap of legal
authority which the government may not be able to perfect as stated by Jurgen Habermas (1984) in his theory
of communicative action that requires a public engagement to the fulfilment of these issues. As these contents
are short in nature and more accessible to all walks of life in comparison to books, lengthy YouTube videos or
rallying campaigns within busy working life, it would be far easier to penetrate and convince the society in
adopting a new norm while pushing for its legal legitimisation. However, one has to consider the
unsuccessfulness of this recommendation and maintain a broad application by concentrating on the social
media influences solution without neglecting the other sources of spreading information on the work-life
balance.
The second recommendation that can be made is through the bill presentation by a non-government
organisation at the Parliament. This method may be a cliche expectation that is imposed upon a third-party
body with hopes of improvement to the society by legal changes. However, it has been revived by a more
approachable current government, as seen from the positive result received towards the recent Rasuah Buster’s
speech in the Parliament (Sinar Daily, 2023). A Trade Union should be the representative of this matter, as
they are the forefront of the employees’ rights. Not only do they possess the locus standi in highlighting the
issues in the Parliament, but they possess an organized capacity to bring forth the issues of work-life balance
as a valid concern that must be addressed. It would, however, require a reformation of the Trade Union to
make it more accessible to the public knowledge for this recommendation to be successful. The reason being
that there must be support that stands by the side of the Trade Union in supporting the narrative to the
necessity of work-life balance implementation in a newer legislature. Ironically, the current stance of
Marxism’s application in Vietnam which is incoherent to the capitalist mentality in Malaysia is the current
solution in establishing a ‘socialist-oriented market economy that may be able to deeply root the view of
work-life balance among Malaysians (Nguyen, 2021). This suggestion is by no means a recommendation nor a
recognition of the communist ideology in totality, but a respectable and narrowed insertion that is coherent to
creating a new law without contradicting the essence of the Federal Constitution as founded within its own
Article 4. Not only is this recommendation not incoherent to the values of fundamental liberties, but it is a new
reform that will open new floodgates to other welfare issues that direly need to be addressed other than work-
life balance to be made legal within a constitutional framework.
The third recommendation shall be a compelling insight to the call of judicial review pertaining to the
interpretation of the right to life under Article 5 of the Federal Constitution. Provided that a person is an
employee, they would have sufficient locus standi in pushing the narrative of work-life balance within the
context of the right to life. While it is dependent on the decision of the Court to decide towards the issue, nor is
this recommendation is a guaranteed solution to the matter, it is a worthwhile suggestion that should be made
as it is a far easier method in setting the foundation of legally enforcing work-life balance rather than through
years of waiting in drafting a new law. As the word ‘life’ itself intersects in both the ideology and the
provision, it would have been more peculiar had there been a refusal of these interpretations from coincided
inclusivity to be brought and reviewed by the Court. The case of Tan Tek Seng v. Suruhanjaya Perkhidmatan
Pendidikan & Anor [1996] 1 MLJ 261 had once led to the expansion in the meaning of life to include the
capacity of livelihood within the context of its era. Within the current age where mental health has been validly
recognized as a genuine concern and human rights variation pushed the boundaries of tolerance to the highest
extent, it would not be excessive to expect the Court in expanding the definition of prohibition in depriving life
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within Article 5 to extend the connectivity of its relation to work-life balance. A postmodernist thinker, Balkin
(1993) once discussed the psychological aspect of law pertaining to its purposes that is shaped by one’s views,
which are highly influenced by their needs and self-inserted’ definition. The Court itself has a history of
changing legal application and its view of legal validity as seen in the recent case of Nik Elin and Lai Heng
Beng. Thus, it is acceptable for an expansion to the definition of life to be made through the Court's review,
which would take a longer timeframe if brought to the Parliament instead.
The fourth recommendation should be cantered upon educational reform. While it was proven difficult for the
Legislative body nor the society at large to accept the necessity of work-life balance legalisation, it is possible
to normalise the culture among the younger and newer generations. Policies that require a limitation to the
extent of assessments and homework’s, a more rounded inclusivity of the work-life balance values being
taught in any relevant subjects and a nurturing and relaxing environment cultivated in school should be
implemented. This will create an indirect influence on the young children to a culture that is similar to a work-
life balance. Resultantly, these students who shall become the future employers and politicians will find the
contradictory working lifestyle to the work-life balance they have been taught since childhood as problematic
and requires a reformation to both societal and legal capacity. This is an adaptation to the proactive
normalisation suggested by Engbo in his suggested reformation to the prison system, but at a larger scale with
the same conclusive intent of the improved welfare (Van de Rijt, 2022). While this recommendation may take
the longest to be fulfilled and requires a continuous practice, reassessment and modification through trial and
error, it is the closest method in establishing a normalisation to work-life balance culture within a legal
framework without infringing upon any fundamental liberties of Malaysian citizens.
These recommendations dealt with four levels of solution based in public, educational institutions, Parliament,
and Court’s settings. These are not necessarily new, groundbreaking recommendations nor is there a guarantee
that any of these solutions will be materialised. Yet, it is the hopefulness of the goodness of mankind that we
strive to be better and hope the same for others. Hence, each and every one of these recommendations must be
moved and engaged at the same time to ensure the optimum result to increase the likelihood of actual and
significant change to the work-life balance.
CONCLUSION
In conclusion, work-life balance in Malaysia is deeply tied to its view of welfare, leading to a limited legal
enforceability that stems from the free-market trend which is further fuelled by the inactive push to the
demands of it by the employees in the general masses nor is there a normalisation of work-life balance culture
within the limited legal responsibilities of employees. However, a reformation to both the legislature and
culture pertaining
to work-life balance is possible provided that a model of the Nordic State is taken into consideration by both
the government and the people of Malaysia. It would not be sufficient in expecting an actual change to be
made within a short time frame by the government, which established the need for the public’s utilisation to
the appropriation of the culture of work-life balance on a daily basis. Outside of legal enforceability, it is a
mass and individual duty upon the imposition of workers’ welfare in its effect against capitalism that drives the
current market. Thus, work-life balance can be legally enforceable once the societal preparedness and
acceptability to it is within the scope of the majority as it affects both the public and private body which may
change the course of livelihood, economic flow, and welfare protection; for better or worse.
ACKNOWLEDGEMENT
This publication results from a group project by students on Industrial Relations Law in the Faculty of Law at
University Technology MARA (UiTM). We acknowledge the collective efforts and dedication of every
individual who strives to advance and contribute to this field of work and research. A note of appreciation is
given to the Faculty for the digital tools of assistance provided to the students through the collective sources of
online information. A special thanks to our beloved lecturer for the guidance that led this research into being a
unique blend of legal and humanistic perspective to the topic on work-life balance legal enforceability.
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