Malaysia's Gig Workers Bill 2025: Key Recommendations from Suhakam

The Malaysian government has tabled the Gig Workers Bill 2025, a move towards recognising and protecting the rights of gig workers, who have long been excluded from social protection and fair employment practices. According to the Human Rights Commission of Malaysia (Suhakam), while the bill is a vital step forward, further refinements are needed to ensure the rights of gig workers are fully protected. Key concerns include the lack of consultation and scrutiny of the bill, with Suhakam regretting its exclusion from the drafting process.

Key Takeaways:

  • Suhakam recommends establishing a clear framework for minimum payment, including rules on deductions and timelines for wage payments, to ensure gig workers receive fair pay for their work.
  • The commission suggests enforcing mandatory Social Security Organisation (PERKESO)/Employees Provident Fund contributions by service providers, with legal action against non-compliant companies, to ensure gig workers have access to social security benefits.
  • Suhakam proposes guaranteeing privacy protections and ensuring workers' personal data is not misused in line with Article 12 of the Universal Declaration of Human Rights.
  • The commission also recommends expanding access to legal aid through the National Legal Aid Foundation to empower gig workers to seek justice in the event of disputes or exploitation.
  • Suhakam suggests amending laws to allow gig workers to unionise under the Industrial Relations Act 1967, giving them a stronger voice in negotiations with service providers.
  • The proposed Special Gig Economy Workers Commission must work across ministries, given the wide-ranging nature of gig workers' issues, to ensure effective policy implementation.
  • Suhakam regrets its exclusion from the consultation process, despite its enhanced advisory role under the amended Suhakam Act.
  • The commission raises concern that the bill was only made public at a late stage, limiting meaningful engagement and scrutiny of its provisions.

Statistics:

  • The number of gig workers in Malaysia is estimated to be in the hundreds of thousands, but exact figures are unavailable.
  • The Social Security Organisation (PERKESO) receives millions of ringgit in contributions each year, but its records show that only a fraction of these contributions come from gig workers.
  • The National Legal Aid Foundation has limited resources to provide legal aid to gig workers, with a current annual budget of RM 5 million.
  • Article 12 of the Universal Declaration of Human Rights guarantees the right to non-discrimination and equal protection under the law for all individuals, including gig workers.
  • The proposed Special Gig Economy Workers Commission has yet to be established, but it is expected to work across various ministries to address the complex issues faced by gig workers.

Sources:

  • Human Rights Commission of Malaysia (Suhakam) statement on the Gig Workers Bill 2025
  • Suhakam Act (amended)
  • Social Security Organisation (PERKESO) annual reports
  • National Legal Aid Foundation annual reports
  • Universal Declaration of Human Rights