By Sheila Ramalingam
In today’s fast-paced world, the pressure to perform at work has become relentless. Employees in Malaysia are experiencing increasing levels of stress, exacerbated by an increasingly digitalised world that has made it easier than ever to stay connected. While technology has undoubtedly improved efficiency and communication, it has also blurred the lines between work and personal life. Technological advances have created a situation where employees are constantly accessible, allowing organisations to maintain control over them even during their supposed downtime. This intrusion into personal space leads to more work-life interference, affecting mental health and overall well-being.
The ability to reach an employee at any time—through emails, texts, or work-related apps—was once seen as a convenience. But it has now morphed into an expectation. Employers assume that because technology enables instant communication, employees should always be available. The result? Workers find themselves tethered to their jobs 24/7, unable to truly disconnect, even during after-work hours, weekends, vacations or family gatherings.
Prolonged exposure to high-pressure work environments can lead to severe consequences, including burnout, anxiety disorders, and even physical ailments such as high blood pressure and heart disease. The issue goes beyond individual suffering; it impacts organisations as well. Stressed employees are less productive, more prone to errors, and more likely to take sick leave or quit their jobs entirely.
The legal landscape in Malaysia currently offers limited protection for employees suffering from work-induced mental health issues. Unlike some common law jurisdictions, Malaysia has yet to recognise psychiatric harm caused by occupational stress as an actionable claim. The existing statutory framework, including the Occupational Safety and Health Act 1994 (OSHA) and the Employment Act 1955, focuses primarily on physical safety, leaving mental health concerns inadequately addressed.
However, legal precedents from other countries suggest that employers have a duty of care toward their employees’ mental well-being. Landmark cases in the United Kingdom, such as Walker v Northumberland County Council and Hatton v Sutherland, have established that an employer can be held liable in tort if psychiatric injury due to workplace stress was foreseeable and preventable. These cases highlight the need for a balanced approach, one that considers both employer obligations and employee resilience.
Employers must recognise that an overworked, mentally drained workforce is neither sustainable nor productive. Steps must be taken to ensure that work does not encroach on employees’ personal lives. Some measures include:
- Setting Clear Boundaries: Establishing a policy where employees are not expected to respond to emails or messages outside of work hours or when on leave.
- Encouraging Time Off: Ensuring that employees can fully disconnect during leave without fear of being penalised.
- Workload Management: Reviewing deadlines and expectations to ensure they are realistic and achievable without excessive overtime.
- Mental Health Support: Providing access to counselling services and mental health programmes within the workplace.
Malaysia must take decisive steps toward recognising and addressing workplace stress as a serious issue. Legislative reforms should be introduced to include mental health protections under existing employment laws. The expectation that employees should be constantly available is neither fair nor sustainable. If organisations want a productive and engaged workforce, they must prioritise employees’ mental well-being.
It is time for employees to reclaim the right to disconnect and restore the balance between work and life. Only then can we build a healthier, more resilient workforce for the future.
The author is the Deputy Executive Director at Universiti Malaya Centre of Leadership and Professional Development (UM LEAD), and Senior Lecturer at the Faculty of Law, Universiti Malaya. She may be reached at sheila.lingam@um.edu.my
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