GIG WORKERS ACT 2025

Gig Workers LAWS OF MALAYSIA Act 872 GIG WORKERS ACT 2025 1 2 Laws of Malaysia Act 872 Date of Royal Assent ... ... 16 December 2025 Date of publication in the Gazette ... ... 31 December 2025 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Gig Workers 3 LAWS OF MALAYSIA Act 872 GIG WORKERS ACT 2025 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II SERVICE AGREEMENT 3. Service agreement 5. Prevailing terms and conditions 4. 6. 7. Saving of existing service agreement Validity of terms and conditions Matters not provided under this Act Part III GIG WORKER 8. Rights of gig worker 10. Rights of gig worker to join, participate in or establish gig workers’ association 9. 11. 12. 13. 14. 15. 16. Prohibition on contracting entity in respect of certain acts Rights to earnings Deduction of earnings, tip and gratuities Right to be issued earnings slip Deactivation under service agreement, etc. Priority of earnings over other debts Duties of contracting entity under this Part 4 Laws of Malaysia Part IV DISPUTE RESOLUTION Section 17. Internal grievance mechanism 18. Conciliator 19. Conciliation proceedings 20. Conciliation by Minister 21. Non-compliance of terms of settlement 22. Public servant 23. Application of Public Authorities Protection Act 1948 Part V GIG WORKERS TRIBUNAL 24. Establishment of Tribunal 25. Members, terms of office and allowances 26. Temporary exercise of functions of President 27. Vacation of office 28. Revocation of appointment 29. Resignation and filling of vacancy 30. Registrar, officers and staff 31. Public servant 32. Application of Public Authorities Protection Act 1948 33. Jurisdiction and power of Tribunal 34. Sittings of Tribunal 35. Notice of complaint of dispute 36. Right to appear at hearings 37. Hearings to be public 38. Procedure of Tribunal 39. Tribunal may act in absence of party 40. Evidence Act 872 Gig Workers Section 41. Exclusion of evidence 42. Award of Tribunal 43. Award of Tribunal to be binding 44. Appeal to High Court 45. Criminal penalty for failure to comply Part VI CONSULTATIVE COUNCIL 46. Establishment of Consultative Council 47. Functions and powers of Council 48. Recommendation by Council 49. Decision on recommendation 50. Order of Minister 51. Membership of Council 52. Temporary exercise of functions of Chairman 53. Secretary 54. Tenure of office 55. Allowances 56. Revocation of appointment and resignation 57. Vacation of office 58. Meetings 59. Minutes 60. Council may invite others to attend meetings 61. Procedures 62. Council may establish committees 63. Secretariat 64. Obligation of secrecy 65. Funds 66. Validity of acts and proceedings 5 6 Laws of Malaysia Act 872 Section 67. Public servant 68. Application of Public Authorities Protection Act 1948 Part VII PROVISION RELATING TO SUPERVISION AND ENFORCEMENT OF PART III, PART V AND PART VI 69. Director General and officers 70. Functions of Director General 71. Powers of Director General 72. Investigating officers and enforcement officers 73. Authority card 74. Power of enforcement, investigation and inspection 75. Compounding of offences 76. Public servant 77. Application of Public Authorities Protection Act 1948 Part VIII SOCIAL SECURITY PROTECTION 78. Definition 79. Director General and Deputy Directors General, powers, functions and duties 80. Inspector, etc., powers, functions and duties 81. Application of this Part 82. Rights of gig worker under this Part 83. Duties of contracting entity under this Part 84. Liability of contracting entity 85. Punishment for giving false information 86. Punishment for failure to pay contributions, etc. 87. Court’s order in respect of contributions due and payable to Organization 88. Trial for more than one offence 89. Copy of entry to be prima facie evidence Gig Workers 7 Section 90. Compounding of offences 91. Power of investigation 92. Public servant 93. Application of Public Authorities Protection Act 1948 94. Matters to be decided by Tribunal under Self-Employment Social Security Act 2017 Part IX OCCUPATIONAL SAFETY AND HEALTH 95. Director General, Deputy Director General and officers 96. Functions of Director General 97. Powers of Director General 98. Application of this Part 99. Investigating officers and enforcement officers 100. Authority card 101. Power of enforcement, investigation and inspection 102. Compounding of offences 103. Duties of contracting entity under this Part 104. Duties of gig worker under this Part 105. Public servant 106. Application of Public Authorities Protection Act 1948 Part X MISCELLANEOUS 107. Prosecution 108. General penalty 109. Offence by body corporate, etc. 110. Power to amend Schedule 111. Power to exempt 112. Power to make regulations Schedule 8 Laws of Malaysia Act 872 9 Gig Workers LAWS OF MALAYSIA Act 872 GIG WORKERS ACT 2025 An Act to protect the rights of a gig worker, to provide for the duties of a contracting entity, to regulate terms and conditions of a service agreement entered into between the contracting entity and the gig worker, to provide for dispute resolution mechanism, to provide for the establishment of the Consultative Council, to provide for the establishment of the Gig Workers Tribunal and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Gig Workers Act 2025. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act. 10 Laws of Malaysia Act 872 Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “award” means an award made by the Tribunal in respect of any dispute or matter referred to it or any decision or order made by the Tribunal under this Act; “prescribed” means prescribed by the Minister by regulations made under this Act; “contracting entity” means— (a) an individual; (b) any person including a body of persons incorporated or registered under any written law; or (c) any platform provider, who engages and enters into a service agreement with a gig worker for the performance of service by the gig worker in exchange for payment of earnings; “Council” means the Consultative Council established under section 46; “internal grievance mechanism” means a dispute resolution mechanism provided by a contracting entity in a service agreement for the purpose of addressing and resolving any grievance, dispute or matter that concerns a gig worker; “Minister” means the Minister charged with the responsibility for human resources; “gig worker” means an individual who— (a) is a citizen or a permanent resident of Malaysia; Gig Workers 11 (b) enters into a service agreement with a contracting entity for the performance of— (i) any service with any contracting entity who is a platform provider; or (ii) any service as specified in the Schedule with any contracting entity who is not a platform provider; and (c) receives earnings for the service; “earnings” means any payment payable to a gig worker under a service agreement but does not include tip and gratuities, and other benefits received by the gig worker; “platform provider” means any digital intermediary system provider who connects the service by a gig worker to a service user; “service agreement” means any agreement, whether orally or in writing and whether express or implied, between a contracting entity and a gig worker who provides a service in Malaysia in exchange for earnings, but does not include a “contract of service” as defined under the Employment Act 1955 [Act 265], the Labour Ordinance of Sabah [Sabah Cap. 67], the Labour Ordinance of Sarawak [Sarawak Cap. 76] and the Occupational Safety and Health Act 1994 [Act 514] or a “contract of employment” as defined under the Industrial Relations Act 1967 [Act 177]; “gig workers’ association” means any association registered under the Societies Act 1966 [Act 335] which shall consist of the gig workers for the purpose of representing the interests and welfare of the gig workers; “dispute” means any dispute between a gig worker and a contracting entity in relation to the terms and conditions of the service agreement, any rights of the gig worker or any other matters relating to it under this Act; “tip and gratuities” means— (a) a payment voluntarily made to a gig worker in addition to the earnings; or 12 Laws of Malaysia Act 872 (b) a payment voluntarily made through a contracting entity with the intention that the payment would be made to the gig worker in addition to his earnings; “Tribunal” means the Gig Workers Tribunal established under Part V of this Act. Part II SERVICE AGREEMENT Service agreement 3. Every service agreement entered into between a contracting entity and a gig worker shall specify the terms and conditions as follows: (a) parties to the agreement; (b) period of the agreement; (c) services to be provided by the gig worker; (d) obligations of the parties; (e) rate and details of earnings of the gig worker; (f) method of payment of earnings; and (g) any gig worker’s benefits or tip and gratuities, if any. Saving of existing service agreement 4. Every service agreement lawfully entered into between a contracting entity and a gig worker before the coming into force of this Act, shall if it is still legally binding upon the parties, continue in force for such period as may be specified in the agreement and the parties shall be subject and entitled to the benefits under this Act. Gig Workers 13 Prevailing terms and conditions 5. (1) If any terms and conditions of a service agreement, whether such agreement was entered into before or after the coming into force of this Act, is less favourable to a gig worker against the terms and conditions provided for under this Act, the terms and conditions of the service agreement shall be void. (2) The less favourable terms and conditions referred to in subsection (1) shall be substituted with the terms and conditions as provided under this Act. Validity of terms and conditions 6. Notwithstanding section 5, a contracting entity and a gig worker may agree to any terms and conditions which is more favourable to the gig worker. Matters not provided under this Act 7. If there is no provision made in respect of any matter under this Act, the matter shall not be prevented from being provided in a service agreement or from being negotiated upon between a contracting entity and a gig worker. Part III GIG WORKER Rights of gig worker 8. (1) A gig worker— (a) shall be informed of the agreed terms and conditions of the service agreement; (b) shall be informed of the agreed service to be performed; (c) shall be informed of the agreed rate and details of earnings before the gig worker agrees to perform the service; 14 Laws of Malaysia Act 872 (d) shall be informed of the method of payment of earnings, tip and gratuities, and other benefits; (e) shall receive earnings for the service rendered within the period as agreed by the contracting entity and the gig worker; (f) shall be consulted and informed if there is any variation of terms and conditions of the service agreement; (g) shall not be terminated of his servi