HR ministry to lead committee establishing a Gig Workers Commission
Malaysia will establish a Gig Workers Commission to protect the rights of gig workers by prioritising social protection, contract disputes and career advancement. A committee comprising various ministries and stakeholders will be set up to look into the setting up of the Commission. The Committee will be led by the Human Resources Ministry, The committee’s mandate includes a comprehensive examination of the terms of reference for the Commission, covering functional, legal, financial, and membership aspects.
A statement from the Human Resources Ministry said that an interim report outlining the progress achieved will be presented to the Cabinet in the next three months. Prime Minister Datuk Seri Anwar Ibrahim announced the establishment of the Gig Workers Commission at the Bumiputera Economic Congress in Putrajaya on Saturday.
In a related development, the Malaysian P-Hailing Delivery Riders Association (Penghantar) said that a comprehensive evaluation process that takes into account various factors, such as cost, working hours and job risk, should be put forward during the meeting between the government and p-hailing operators. Penghantar president Zulhelmi Mansor said this was to ensure fair compensation and improved working conditions for gig workers in the country. The government should also advise operators to lower the commission rates imposed on food operators, vendors and merchants, he said. “This is because when the commission rates increase, food operators may pass the burden on to consumers by raising the price of food, ultimately affecting their overall expenses. “We are hopeful that through constructive dialogue with p-hailing operators, we can find a solution that benefits all stakeholders in the gig economy,” he added. Zulhelmi said Penghantar also hoped that the interests of both operators and consumers were taken into account, while workers were ensured of fair wages and better working conditions.
Skilled Youth Workers Society (Belia Mahir) president Rizan Hassan said it would be important for the government and operators to encourage gig workers to learn new skills and be trained on professional skills. He said this would allow workers to have a more sustainable and viable career that would safeguard their livelihood in the future. “We want the operators to play a role in upskilling them as well. Maybe provide skills training in areas such as communications.
“This will also help increase their professionalism on a job that most view negatively,” he added. Rizan said the gig sector had become more popular among youth, and ensuring the viability of the job by upskilling workers would be crucial. He also called for legislation to further protect the rights and welfare of gig workers as there are no specific set of laws in place.
Labour law expert Datuk Thavalingam Thavarajah said there must be a balance between the demands of gig workers and those of service operators. He said this balance was needed since the nature of gig work relied on market demand. “Their (gig workers and operators) relationship is purely contractual, and the determination of their fees relies heavily on the nature and operational aspect of the business engaging their services. “In fact, gig workers are not left unattended. It’s a new working culture that proliferated during the pandemic. “To be fair, the government through the Social Security Organisation (Socso) has already come out with initiatives to address the plight of gig workers,” he added. Thavalingam was referring to the Self Employment Social Security Scheme (SKSPS) under Socso that took effect in 2020.
He said that ample time must be given to the government to draft out a just and equitable policy on gig workers. “(We) must strike a right balance between their demands and the commercial viability of the business,” he added. Since gig workers are not included under the Employment Act for it is contractual in basis, Thavalingam said the sector needed to be independently regulated. “Some form of legislation could be introduced to govern gig workers, addressing crucial aspects ranging from their working hours to fair and transparent fee structures,” he added.
