Malaysia’s millions of gig workers promised a safety net, but critics see holes

南华早报
2025.12.01 00:05
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Malaysia is set to enact the Gig Workers Bill, providing social security, timely payment, and legal recourse for over 3 million gig workers. The bill aims to formalize service agreements and ensure fair compensation. However, critics argue it lacks comprehensive protection due to the ambiguous definition of gig work and the absence of collective bargaining rights. The bill also covers tutors, carers, and freelancers in creative industries.

As the clock strikes 8am in Penang, Syamil Azizi slips into his daily grind: picking up passengers across the island in his little Perodua runabout.\nAt noon, he pauses just long enough to pick up his two daughters from school before returning to the road, often until well past sundown.\nWeekends offer no reprieve. Then, the 33-year-old swaps his helmet for a chef’s hat, working weddings and school functions as part of a seven-day grind that keeps his family afloat but offers little security beyond the next order ping.\nFor years, Syamil has lived the reality of Malaysia’s modern-day gig economy. Thousands like him power the platforms that feed, transport and deliver for millions, yet remain outside the protection of labour law.\n\nNo paid leave. No recourse against sudden dismissal. No say over their working conditions.\nAll that could be about to change, however. Malaysia is on the brink of enacting the Gig Workers Bill, a pioneering piece of legislation expected to take effect next year once it receives royal assent.\nThe bill promises social security, timely payment and legal recourse for the country’s more than 3 million gig workers – potentially making it one of the first nations in Southeast Asia to formally protect this burgeoning workforce.\nIt will require platforms to codify service agreements and guarantee more predictable payment terms, bringing a measure of stability to such work.\nFair compensation is always the main issue when it comes to gig work\nSyamil Azizi, Malaysian gig worker\n“Fair compensation is always the main issue when it comes to gig work. With the passing of this bill, it balances the scales,” said Syamil, who drives for Malaysia-founded Grab.\n“It’s good to know that I’m more protected and that Grab is obliged to hear me out to defend myself if there is a dispute that occurs,” he told This Week in Asia.\nThe debate over gig workers’ rights has moved to the centre of Southeast Asia’s policy conversations in recent months.\nMillions across the region now rely on platform work for income, yet many find themselves trapped in a low-wage, high-pressure cycle dictated by the ever-changing demands of opaque algorithms.\n\nThe perils of neglecting these festering tensions were made plain in August, when Indonesia was convulsed by violent protests led by e-hailing drivers.\nEstimates suggest Indonesia’s gig workforce could number up to 2.3 million, most with little to no formal protection – a cautionary tale not lost on Malaysian policymakers.\n“We decided Malaysia should not wait for a crisis; we should lead by providing a fair and modern legal framework,” Malaysia’s Minister of Human Resources Steven Sim Chee Keong told This Week in Asia.\n“When people trust the system, they don’t need to take their grievances to the streets.”\nA step forward?\nMalaysia’s move to enshrine comprehensive legal protections for gig workers is drawing attention from its regional neighbours and the International Labour Organization alike.\nThe government’s message is clear: gig work is no longer a niche side hustle, but a central pillar of the national economy requiring formal oversight.\n“The riders who bring food to our homes, the drivers who take our children to school, the freelancers who create the content we enjoy … for too long, these workers operated without basic protections,” Sim said.\nPlatform companies have responded cautiously but positively. Grab Malaysia called the bill “a step forward towards enhancing the welfare of all gig workers” and pledged to work with the government on its implementation.\nWithout trade union rights, this law is not comprehensive\nGopal Kishnam Nadesan, trade union leader\nBut labour advocates point to unresolved issues – chief among them, the ambiguous definition of gig work and the continued absence of collective bargaining rights.\nThe bill’s current framing classifies gig workers as self-employed, leaving them outside the scope of Malaysia’s broader labour protections, according to Gopal Kishnam Nadesan, secretary general of the Labour Solidarity and Learning Resources Association.\n“This definition is not aligned with reality,” Gopal told This Week in Asia. “Most gig workers operate under the strict control of platforms through algorithmic task assignment, rating systems and unilateral operational conditions.”\nThe bill does allow workers to form associations but stops short of granting unionisation rights, limiting their ability to negotiate pay or conditions collectively.\n“There is one way of overcoming these problems or reducing the issues, which is by allowing workers to form unions,” Gopal said. “Without trade union rights, this law is not comprehensive.”\n\nNot just riders\nThe bill’s reach extends beyond platform-based work, encompassing tutors, carers and freelancers in creative industries as well.\nFor musicians like Kyren Thomas, 33, the promise of protections such as coverage under Malaysia’s social security scheme “is a positive step for us all”.\nHe said the lack of written contracts and chronic late payments had plagued his career and he hoped the new law would finally hold clients accountable.\n“It has often been difficult to secure clear agreements from clients about payment timelines,” he said, explaining that clients sometimes delayed payments for 90 days or more, citing company policies.\n“Clients were not required to provide anything in writing before.”\nKyren hopes the Gig Workers Bill will mark the beginning of a more worker-centric era.\n“Hopefully more improvements will follow, because protections like these should have existed long ago,” he said.\n