On Leave
In Malaysia (or perhaps just in my office), people (colleagues) are not apologetic for sending emails at ungodly hours. I am also as much to blame, because I answer these emails!
Nor are we apologetic about sending emails during someone's leave. In my office not everybody puts up an 'out of office' reply. Even if we do, it doesn't carry much meaning. We still receive emails and the sender expects a reply, even after getting the out-of-office reply.
I am tired of this situation. So, what am I going to do about it?
[Backstory: I had applied for and received approval for leave from 9 Dec 2020 to 5 Jan 2021 yet an email came through on the 28th expecting me to do a report that is due on 1 Jan 2021. Already I had accommodated and taught my classes from 9 to 21 Dec and have not stopped work until about 24 Dec, I am expected to still answer and provide reports!!!!!]
Malaysian law specifically Section 60A of the Employment Act 1955 states that our working hours should not exceed 48 hours per week unless there is a demand that the work be carried out continuously (I thought about nurses in operating theatres; or perhaps those in charge of (say) computer servers?) >> First question: how does the employer or employee 'count' the 48 hours?
Next question: is it reasonable to calculate based on working hours?
Section 60A(1A) further continues that the DG of HR may approve work hours that are extended by reason of work demands or business operations >> these would exclude my/ our job as teaching staff, because the classes are all scheduled during working hours.
Final question (for now): What will happen if I refuse to answer any emails during leave periods?
If a disciplinary action is taken against me for not answering emails during leave periods, can the matter be taken up to the labour court?
Well I do not have a guardian angel or political connections that enable me immunity or special treatment in any way, and I do not expect any special treatment.. but I do want to stop work and have time for myself (when it is time).. perhaps the right thing to do is to insist on the time and take it up when the organisation raises it as an issue (if I am not replying to emails or doing the tasks). That is what I will do in 2021. Stand up for my rights!