EMBEDDING FAMILY-FRIENDLY POLICIES IN NATIONAL LEGAL FRAMEWORKS: A COMPARATIVE ANALYSIS OF ICELAND, VIETNAM, MALAYSIA AND INTERNATIONAL LABOUR STANDARDS

Abstract

This article examines the legal framework governing family-friendly policies in Malaysia through a comparative analysis with Iceland and Vietnam, with reference to international labour standards developed by the International Labour Organization, principally the Workers with Family Responsibilities Convention 1981 (No. 156) and the Maternity Protection Convention 2000 (No. 183). The jurisdictions are selected to represent distinct regulatory models of family-friendly policies across different developmental contexts. Using a doctrinal and comparative legal methodology, the study analyses statutory and regulatory provisions on family-friendly policies, including leave entitlements, employment protection, non-discrimination, childcare governance and measures addressing workers with caregiving responsibilities. The analysis reveals significant differences in the comprehensiveness and integration of legal measures supporting work–family reconciliation across the selected jurisdictions. Iceland represents a highly integrated model characterised by shared parental leave, social insurance financing, flexible working arrangements and universal childcare access, while Vietnam provides strong maternity income protection through social insurance and greater state involvement in childcare provision, although paternal and parental leave remain limited. In contrast, Malaysia’s framework remains comparatively narrow and fragmented despite recent reforms to the Employment Act 1955 extending maternity leave and introducing paternity leave. Key gaps include the absence of statutory parental leave, reliance on employer-funded benefits, limited protection against discrimination based on family responsibilities and the lack of universal childcare support. The article argues that a more coherent and integrated legal framework is necessary to strengthen work–family reconciliation and support sustained female labour force participation in Malaysia.