AKTA PEKERJA GIG 2025

Gig Workers 1 Act 872 2 Laws of Malaysia Act 872 Date of Royal Assent ... ... 16 December 2025 Date of publication in the ... ... 31 December 2025 Gazette 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 Act 872 ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY Section

1. Short title and commencement

2. Interpretation

Part II

SERVICE AGREEMENT

3. Service agreement

4. Saving of existing service agreement

5. Prevailing terms and conditions

6. Validity of terms and conditions

7. Matters not provided under this Act

Part III

GIG WORKER

8. Rights of gig worker

9. Prohibition on contracting entity in respect of certain acts

10. Rights of gig worker to join, participate in or establish gig workers’ association

11. Rights to earnings

12. Deduction of earnings, tip and gratuities

13. Right to be issued earnings slip

14. Deactivation under service agreement, etc.

15. Priority of earnings over other debts

16. Duties of contracting entity under this Part 4 Laws of Malaysia Act 872

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 Gig Workers 5

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 Section 6 Laws of Malaysia Act 872

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 Section 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 Gig Workers 9 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. Act 872 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 service without just cause or excuse; and (h) shall be provided with any dispute resolution mechanism. (2) In addition to the rights referred to in subsection (1), a gig worker who enters into a service agreement with a platform provider— (a) shall be informed of the automated monitoring systems through electronic means used by the platform provider to monitor, supervise or evaluate the gig worker, including the consequences arising from it; (b) shall be informed of the automated decision-making systems through electronic means used by the platform provider to make decision relating to assignment of the service and gig worker’s working conditions; and (c) shall be provided with the non-automated review mechanism to the systems referred to in paragraphs (a) and (b) used by the platform provider. (3) Any terms and conditions in the service agreement which purports to contract out or waive a gig worker’s rights shall be null and void. Prohibition on contracting entity in respect of certain acts 9. A contracting entity shall not— (a) impose any condition in a service agreement seeking to restraint the rights of a gig worker to enter into any agreement with other parties; Gig Workers 15 (b) discriminate against any gig worker in relation to conditions of work, assignment of service or payment of earnings; or (c) terminate the service agreement without just cause or excuse. Rights of gig worker to join, participate in or establish gig workers’ association 10. Any terms and conditions of a service agreement shall be void if the terms and conditions, in any way, restrict or exclude the rights of a gig worker— (a) to associate with any other person for the establishment of a gig workers’ association; (b) to join any gig workers’ association; or (c) to participate in any activity organized by any gig workers’ association, whether the gig worker holds office in the association or otherwise. Rights to earnings 11. (1) Where a service agreement does not provide any terms and conditions in relation to the payment of earnings to a gig worker, a contracting entity shall pay the earnings within the period of seven days from the date of completion of the service. (2) Any contracting entity who contravenes subsection (1) commits an offence. Deduction of earnings, tip and gratuities 12. (1) A contracting entity shall not make any deduction from a gig worker’s earnings or tip and gratuities unless the deduction— (a) is made to the extent of any overpayment of earnings made during the immediately preceding three months from the month in which the deduction is to be made, by reason of mistake made by the contracting entity; 16 Laws of Malaysia Act 872 (b) is authorized under this Act or any other written law; or (c) is permitted by the Director General in the form and manner as he may determine. (2) Any contracting entity who contravenes subsection (1) commits an offence. Right to be issued earnings slip 13. (1) A gig worker may request an earnings slip from a contracting entity other than an individual. (2) Upon receiving request by the gig worker under subsection (1), the contracting entity other than an individual shall issue the earnings slip in the form and manner as may be determined by the Director General. (3) Any contracting entity other than an individual who contravenes subsection (2) commits an offence. Deactivation under service agreement, etc. 14. (1) A platform provider shall have the right to deactivate the access of a gig worker to his digital intermediary system if— (a) the deactivation is in accordance with the terms and conditions under the service agreement; or (b) there is misconduct committed by the gig worker in the course of performing his service. (2) A gig worker is deactivated from the digital intermediary system if the platform provider modifies, suspends or terminates the gig worker’s access to his digital intermediary system in a way that prevents the gig worker from performing his service under the service agreement. Gig Workers 17 (3) The platform provider may modify or suspend the access of the gig worker to his digital intermediary system for a period not exceeding fourteen days for the purpose of holding an inquiry for the matters referred to in subsection (1). (4) The platform provider shall notify the gig worker in respect of such modification or suspension referred to in subsection (3) by giving a notice in writing to the gig worker. (5) Where the platform provider finds that there is no reason to deactivate the access of the gig worker to his digital intermediary system under paragraph 1(a) or (b), the platform provider shall— (a) reactivate the access of the gig worker to his digital intermediary system; and (b) pay to the gig worker half of the amount of the average daily earnings for such modification or suspension periods and the payment shall be calculated based on the earnings on the actual service day within thirty days period preceding the modification or suspension period. (6) Where the platform provider finds that the deactivation is in accordance with the terms and conditions under the service agreement or any misconduct has been committed by the gig worker, the platform provider may— (a) terminate the access of the gig worker to his digital intermediary system and the service agreement; or (b) continue with the modification or suspension of the access of the gig worker to his digital intermediary system for a further period not exceeding seven days without terminating the service agreement. (7) The platform provider shall give the right to be heard to the gig worker before taking any action under paragraph 6(a) or (b). (8) Upon the expiration of the period referred to in paragraph (6)(b), the platform provider shall reactivate the access of the gig worker to his digital intermediary system. 18 Laws of Malaysia Act 872 (9) The platform provider shall give a written explanation to the gig worker for any decision made under subsection (6). (10) Any platform provider who contravenes subsection (4), (5), (7), (8) or (9) commits an offence. Priority of earnings over other debts 15. (1) Where by order of a court made upon the application of the secured creditor or the person liable under any of the provisions of this Act to pay the earnings due to any gig worker, or any money due to the person liable is attached or garnished, the court or the receiver or the manager shall not authorize payment of the proceeds of the sale, or of the money so attached or garnished, to the secured creditor or the debenture holder until the court or the receiver or the manager have ascertained and caused to be paid, out of such proceeds or money, the earnings of such gig worker, which the person liable was liable to pay at the date of such sale, attachment or garnishment: Provided that the total amount of the earnings of any gig worker to which priority over the claim of a secured creditor given under this section shall not exceed the amount due by the contracting entity to the gig worker as earnings for any four consecutive months’ service. (2) For the purposes of this section— “secured creditor” includes any person holding a mortgage, charge, lien or decree; “person liable” includes any person who exercises his rights under a debenture of any property. Duties of contracting entity under this Part 16. A contracting entity shall have the duty to fulfil the rights of a gig worker as provided under this Part. Gig Workers 19 Part IV DISPUTE RESOLUTION Internal grievance mechanism 17. (1) Subject to paragraph 8(1)(h), a gig worker may lodge a complaint of a dispute in writing to a contracting entity other than an individual or a sole proprietor. (2) Upon receiving the complaint from the gig worker, the contracting entity other than an individual or a sole proprietor shall initiate and resolve the dispute by way of an internal grievance mechanism provided under the service agreement within thirty days from the date the complaint is lodged. (3) This section shall not apply to any dispute in relation to deactivation under section 14. Conciliator 18. (1) The Director General for Industrial Relations, the Deputy Director General for Industrial Relations and any officer appointed under subsection 2a(2) of the Industrial Relations Act 1967 shall be the Conciliator for the purposes of this Part. (2) The Conciliator shall have the general direction, control, powers and supervision of all matters relating to this Part. (3) A gig worker may lodge a complaint of dispute for a conciliation in the case of— (a) a complaint of dispute is lodged against a contracting entity who is an individual or a sole proprietor; (b) the gig worker is dissatisfied with the decision of platform provider under subsection 14(9); (c) an internal grievance mechanism is not provided by the contracting entity under section 17; 20 Laws of Malaysia Act 872 (d) the gig worker is dissatisfied with the decision of the contracting entity through internal grievance mechanism; or (e) the dispute failed to be resolved through internal grievance mechanism after thirty days period under section 17 has lapsed. Conciliation proceedings 19. (1) The complaint of dispute under subsection 18(3) shall be filed to the Conciliator in the manner as prescribed. (2) Upon receiving the complaint of dispute, the Conciliator shall take any step necessary or expedient to initiate conciliation proceedings for promoting an expeditious settlement. (3) Notwithstanding subsection (2), where a dispute occurs or is expected to occur, which in the opinion of the Conciliator is not likely to be settled between the parties, the Conciliator may, if he deems it necessary in the public interest, take any step necessary or expedient to initiate conciliation proceedings for promoting an expeditious settlement whether or not the dispute has been reported to him. (4) Where a settlement is reached between the parties, the Conciliator shall record the terms of the settlement between the parties. (5) Where the Conciliator is satisfied that there is no likelihood of the dispute being settled, the Conciliator shall refer the matter to the Tribunal. (6) The steps to be taken by the Conciliator under this Part shall be done in the manner as prescribed. Conciliation by Minister 20. (1) Notwithstanding any provision under this Part, the Minister may conciliate any dispute. Gig Workers 21 (2) Where a settlement is reached between the parties, the Minister shall direct the Conciliator to record the terms of the settlement between the parties. (3) Where the Minister is satisfied that there is no likelihood of the dispute being settled, the Minister shall refer the dispute to the Tribunal. Non-compliance of terms of settlement 21. (1) Where any of the terms of the settlement under subsection 19(4) or 20(2) is not complied with, any party may lodge a complaint to the Conciliator. (2) If the Conciliator finds that any of the terms of settlement recorded under subsection 19(4) or 20(2) is not been complied with by any of the parties, the Conciliator shall refer the matter to the Tribunal. Public servant 22. Any Conciliator while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Application of Public Authorities Protection Act 1948 23. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Conciliator in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. Part V GIG WORKERS TRIBUNAL Establishment of Tribunal 24. There shall be established a tribunal to be known as the “Gig Workers Tribunal”. 22 Laws of Malaysia Act 872 Members, terms of office and allowances 25. (1) The Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a President and a Deputy President to be appointed from amongst the officers of the Judicial and Legal Service; (b) not less than five other members which shall comprise of— (i) persons who are officers of or who have held office in the Judicial and Legal Service; or (ii) persons who are admitted as advocates and solicitors under the Legal Profession Act 1976 [Act 166], the Advocates Ordinance of Sabah [Sabah Cap. 2] or the Advocates Ordinance of Sarawak [Sarawak Cap. 110], and who have not less than seven years’ standing; or (iii) notwithstanding subparagraph (ii), a qualified person as defined in the Legal Profession Act 1976, with at least fifteen years of experience in labour and industrial relations in the ministry charged with the responsibility for human resources may be considered for appointment as a member under this paragraph. (2) The members of the Tribunal referred to in subsection (1)— (a) shall hold office for a term not exceeding three years; and (b) shall be eligible for re-appointment upon expiration of the term of office but shall not be appointed for more than three consecutive terms. (3) The members of the Tribunal appointed under paragraphs (1)(a) and (b) shall be paid any allowances as may be determined by the Minister. Gig Workers 23 Temporary exercise of functions of President 26. Where, the President is for any reason unable to perform his functions or during any period of vacancy in the office of the President, the Deputy President shall perform the functions of the President. Vacation of office 27. The office of a member of the Tribunal shall become vacant upon— (a) the death of the member; (b) the member resigning from the office by giving three months’ written notice to the Minister; or (c) expiration of his term of office. Revocation of appointment 28. The Minister may revoke the appointment of a member of the Tribunal appointed under subsection 25(1)— (a) if his conduct, whether in connection with his duties as a member of the Tribunal or otherwise, has been such as to bring discredit to the Tribunal; (b) if he becomes incapable of properly carrying out his duties as a member of the Tribunal; (c) if he has been convicted on a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; (iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years; 24 Laws of Malaysia Act 872 (d) if he is adjudged bankrupt by a court of competent jurisdiction; (e) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; or (f) if he absents himself from three consecutive sittings of the Tribunal without leave of the President. Resignation and filling of vacancy 29. (1) The President, the Deputy President or the members of the Tribunal appointed under subsection 25(1) may at any time resign his office by giving three months’ written notice to the Minister. (2) Where the President, the Deputy President or a member appointed under subsection 25(1) ceases to be a member of the Tribunal, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed. Registrar, officers and staff 30. (1) The Minister shall appoint a Registrar, a Deputy Registrar, and such number of officers and staff as may be necessary for carrying out the functions of the Tribunal. (2) The duties of the Registrar, Deputy Registrar, and other officers and staff of the Tribunal shall, subject to this Act, be as the President directs. (3) The Registrar, a Deputy Registrar and such number of officers appointed under subsection (1) shall be from the Industrial Relations Officers Scheme of Service. Public servant 31. Any member or officer of the Tribunal while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code. Gig Workers 25 Application of Public Authorities Protection Act 1948 32. The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against any member or officer of the Tribunal in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. Jurisdiction and power of Tribunal 33. (1) The Tribunal shall have jurisdiction to hear and determine any dispute or matter referred to it by the Conciliator or the Minister under Part IV of this Act and may grant any award as it deems just and appropriate. (2) The Tribunal shall not have any jurisdiction for the provisions of offence under this Act and all matters under Part VIII of this Act. (3) Any complaint referred to the Tribunal may include loss or damages of a consequential in nature. (4) The Tribunal shall have the power, in any proceedings before it— (a) to order that any party be joined, substituted or struck off; and (b) to direct and do all such things as necessary or expedient for the expeditious determination of the matter before it. Sittings of Tribunal 34. (1) The jurisdiction of the Tribunal shall be exercised by any of the following persons sitting alone: (a) the President of the Tribunal; (b) the Deputy President of the Tribunal; or (c) any member of the Tribunal selected by the President. 26 Laws of Malaysia Act 872 (2) The Tribunal may sit in two or more sittings on such day and at such time and place as may be determined by the President. (3) If the member presiding over any proceedings in respect of a complaint dies or becomes incapacitated, or is for any other reason unable to complete or dispose of the proceedings, the proceedings shall be heard afresh by another member of the Tribunal, unless the parties agree that the proceedings be continued by another member of the Tribunal. Notice of complaint of dispute 35. Upon a dispute being referred by the Conciliator or the Minister under Part IV of this Act to the Tribunal, the Registrar shall give a written notice in the prescribed form to the parties in the dispute containing the details of the day, time and place of the hearing. Right to appear at hearings 36. (1) At the hearing, every party to the proceedings shall be entitled to appear and be heard. (2) For the purposes of any hearing of a complaint under this Part— (a) a contracting entity may be represented by his duly authorized employee; or (b) a gig worker may be represented by any official or authorized member of the gig workers’ association or by any of his family members. (3) Save as provided in subsection (2), no party shall be represented by an advocate and solicitor. Hearings to be public 37. All hearings before the Tribunal shall be open to the public. Gig Workers 27 Procedures of Tribunal 38. The proceedings of the Tribunal shall be conducted in accordance with the procedures as may be prescribed. Tribunal may act in absence of party 39. The Tribunal may hear and determine the complaint before it notwithstanding the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of the hearing has been duly served on the absent party. Evidence 40. (1) The Tribunal may— (a) procure and receive all such evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses, as the Tribunal thinks necessary; (b) require the production before it of any information, book, paper, document, record or thing; (c) administer such oath, affirmation or statutory declaration as the case may require; (d) seek and receive any other evidence and make any other inquiries as it thinks fit; (e) summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, record or other thing in his possession or otherwise to assist the Tribunal in its deliberations; (f) receive expert evidence; (g) direct that any information, book, paper, document or thing tendered in evidence shall not be disclosed or published in any newspaper or otherwise; 28 Laws of Malaysia Act 872 (h) direct that any evidence shall be taken in private and no person shall be present during the taking of that evidence unless permitted by the Tribunal; and (i) direct and do all such things as may be necessary or expedient for the expeditious determination of the complaint. (2) A summons issued under paragraph (1)(e) shall be served and enforced as if it were a summons issued by a subordinate court. (3) Any person who contravenes paragraph (1)(g) commits an offence. Exclusion of evidence 41. (1) Where a dispute relates to matters as to which conciliation proceedings have taken place, no evidence shall be produced in the proceedings before the Tribunal other than a written statement in respect of that matter as agreed to and signed by the parties to the dispute. (2) No evidence shall be given in the proceedings before the Tribunal on any offer relating to any matter connected with the dispute made without prejudice by any person except with the consent of that person. (3) The exclusions specified in subsections (1) and (2) shall be applicable in any proceedings before any court. Award of Tribunal 42. (1) The Tribunal shall make an order in the form of an award without delay and, where practicable, within thirty days from the last date of the hearing before the Tribunal. (2) Every award after the hearing shall be pronounced before the parties either on the conclusion of the hearing or on any subsequent day of which notice shall be given to the parties. Gig Workers 29 (3) The Tribunal shall state in writing reasons for the award or dismissal of the complaint together with any finding of facts that the Tribunal has noted or recommendations that the Tribunal has made in those proceedings and shall be handed to the parties in the manner together with a fee as may be prescribed— (a) upon request of any party to the proceedings; or (b) if any party to the proceedings appeal against the award of the Tribunal under section 44. (4) An award of the Tribunal under subsection (1) may specify one or more of the following: (a) that a party to the proceedings compensate to any other party; (b) that a party complies with any terms and conditions in the service agreement; (c) that a party complies with any provision of this Act; (d) that a party is entitled to perform his service or to access the digital intermediary system; (e) that a party is given permission to deactivate the access of the other party from the digital intermediary system; (f) that a party is paid the full amount of earnings, tip and gratuities, or other benefits due and payable for his service; (g) that a party is refunded for wrongful deduction of earnings; (h) that a party is refunded for any overpayment; (i) that a party is compensated for any loss or damage suffered; (j) that a party is entitled to deduct the earnings of other party; (k) that the service agreement be varied or set aside, wholly or partly; 30 Laws of Malaysia Act 872 (l) that costs to or against any party be paid; (m) that interest be paid on any sum or monetary award at a rate not exceeding eight per centum per annum, unless it has been otherwise agreed between the parties; (n) that the complaint is dismissed; or (o) to direct and do all such things as are necessary or expedient. (5) The Tribunal may rectify in any award any clerical error or mistake arising from any accidental slip or omission. Award of Tribunal to be binding 43. (1) Every award made by the Tribunal under section 42— (a) shall be binding on all parties to the proceedings; and (b) shall be deemed to be an order of a sessions court notwithstanding any written law to the contrary, and may be enforced accordingly by any party to the proceedings. (2) For the purpose of paragraph (1)(b), the Registrar shall send a copy of the award made by the Tribunal to the sessions court having jurisdiction in the place to which the award relates to or in the place where the award was made and the court shall cause the copy to be recorded. Appeal to High Court 44. (1) Any person aggrieved by the decision of the Tribunal may appeal to the High Court. (2) The appeal referred to in subsection (1) shall be brought within fourteen days from the date the award is pronounced by the Tribunal. Gig Workers 31 Criminal penalty for failure to comply 45. (1) Any person who fails to comply with an award made by the Tribunal within the period specified commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) In the case of a continuing offence, the offender shall, in addition to the penalties under subsection (1), be liable to a fine not exceeding five hundred ringgit for each day or part of a day during which the offence continues after conviction. Part VI CONSULTATIVE COUNCIL Establishment of Consultative Council 46. There shall be established a council to be known as the “Consultative Council”. Functions and powers of Council 47. (1) The functions of the Council shall be to advise and make recommendation to the Government at such time as the Minister may determine on the following matters: (a) the minimum earnings rates including the coverage in accordance to sectors, regional areas, types of gig worker or the services and other categories or matters relating to the minimum earnings rate and earnings; (b) the formula to be applied in relation to minimum earnings rate and earnings in accordance to sectors, regional areas, types of gig worker or the services and other categories or matters relating to the minimum earnings rate and earnings; (c) the minimum standard to be applied in accordance to sectors, regional areas, types of gig worker or services and other categories or matters relating to the provisions of this Act; 32 Laws of Malaysia Act 872 (d) the non-application of the recommendation in paragraph (a), (b) or (c) to any sector, regional area, type of gig worker or service and other categories or matters; (e) the commencement date of any order made by the Minister under this Part; (f) the revision of any order made under this Part; or (g) any other matter in relation to matters under paragraphs (1)(a) to (f). (2) The Council shall have the power to do all things necessary or expedient or incidental to the performance of its function including— (a) to consult the relevant stakeholders on all matters relating to paragraphs (1)(a) to (g); (b) to collect and analyse data and information, and to conduct research on matters related thereto, including at international level; (c) to co-ordinate and supervise, and to evaluate the impact of, the implementation of any order issued under this Part; (d) to deliberate on all matters relating to paragraphs (1)(a) to (g); (e) to disseminate information and analysis on all matters relating to this Act; and (f) to carry out any other function as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. (3) If the Minister determine that the Council shall advise and make recommendation to the Government on matters under paragraphs (1)(a) to (g), the Council shall meet as the Chairman may determine. Gig Workers 33 Recommendation by Council 48. Before any recommendation is made under paragraphs 47(1)(a) to (g), the Council shall exercise its powers under paragraphs 47(2)(a) to (f). Decision on recommendation 49. (1) The Government may, after considering the recommendation by the Council— (a) agree with the recommendation; (b) disagree with the recommendation and determine the matters specified in paragraphs 47(1)(a) to (g); or (c) direct the Council to review the recommendation and make a fresh recommendation within the period as may be determined by the Government. (2) Where the Government directs the Council to review the recommendation and make a fresh recommendation under paragraph (1)(c), then paragraphs 47(2)(a) and (b) and subsection 47(1) shall apply. (3) The Government may, after considering the fresh recommendation made pursuant to subsection (2)— (a) agree with the fresh recommendation; or (b) disagree with the fresh recommendation and determine the matters specified in paragraphs 47(1)(a) to (g). Order of Minister 50. (1) Where the Government agrees with the recommendation of the Council, the Minister shall make an order published in the Gazette on the matters specified in paragraphs 47(1)(a) to (g) as agreed to or determined by the Government. 34 Laws of Malaysia Act 872 (2) The order shall specify the person governed by the order and the effects of the order. (3) The Minister may, upon the direction of the Government amend or revoke the order. (4) Any person who contravenes the order issued under subsection (1) commits an offence. Membership of the Council 51. (1) The Council shall consist of the following members who shall be appointed by the Minister by notification in the Gazette: (a) a Chairman; (b) a Deputy Chairman; (c) a Secretary from amongst the officers of the Industrial Relations Officers Scheme of Service; (d) members from amongst the public officers; (e) members representing the contracting entities; (f) members representing the gig workers; and (g) other members. (2) The numbers to be appointed for paragraphs (1)(d) to (g) shall be determined by the Minister. (3) The Chairman, the Deputy Chairman and the members of the Council referred to in paragraph (1)(g) shall be appointed from amongst persons, who in the opinion of the Minister, have knowledge, experience and expertise in matters relating to the gig industry. (4) The members of the Council referred to in paragraph (1)(d) shall be appointed by office. Gig Workers 35 (5) The number of members of the Council appointed under paragraph (1)(e) shall be the same number of members of the Council appointed under paragraph (1)(f) at any one time. (6) The Council shall consist of members not exceeding twenty-nine persons at any time. Temporary exercise of functions of Chairman 52. (1) The Deputy Chairman shall act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to carry out his functions. (2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman. Secretary 53. (1) The Secretary shall be responsible— (a) to manage the affairs of the Council; (b) to implement the decisions of the Council; and (c) to carry out any other duties as directed by the Council. (2) The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council. Tenure of office 54. (1) The members of the Council shall hold office for a term not exceeding three years and may be reappointed. 36 Laws of Malaysia Act 872 (2) Notwithstanding subsection (1), the members of the Council appointed under paragraphs 51(1)(c) and (d) shall hold office until the appointment is revoked under subsection 56(1). Allowances 55. The members of the Council shall be paid such allowances as may be determined by the Minister. Revocation of appointment and resignation 56. (1) The Minister may, at any time, revoke the appointment of a member of the Council. (2) A member of the Council may resign from office by giving thirty days’ written notice to the Minister. Vacation of office 57. (1) The office of a member of the Council shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) he is adjudged bankrupt by a court of competent jurisdiction; Gig Workers 37 (d) he has been found or declared to be of unsound mind or has otherwise become incapable of discharging his duties; (e) he absents himself from two consecutive meetings of the Council without leave of the Chairman, or in the case of the Chairman, without leave of the Minister; (f) his resignation is accepted by the Minister; or (g) his appointment is revoked by the Minister. (2) If the office of a member of the Council is vacated, the Minister may, if necessary, appoint another person to hold the office for the remaining period vacated by that member or for an interim period until a new member is appointed to that office, as the Minister thinks fit. Meetings 58. (1) The Council shall meet at least four times in a year as may be determined by the Chairman. (2) A notice in writing shall be given to the members of the Council at least three days before the meeting is held. (3) The Chairman shall preside at all meetings of the Council and— (a) in the absence of the Chairman at any meeting of the Council for any reason, the Deputy Chairman shall preside at the meeting; or (b) in the absence of the Chairman and the Deputy Chairman at any meeting of the Council for any reason, any other member of the Council appointed by the Chairman shall preside at the meeting. (4) The quorum of the meeting of the Council shall be two-thirds of the members of the Council, including the Chairman. 38 Laws of Malaysia Act 872 (5) Every member of the Council presents at the meeting of the Council shall be entitled to one vote. (6) If there is an equality of votes, the Chairman, the Deputy Chairman or any other members of the Council presiding at the meeting of the Council under subsection (1) shall have the casting vote. Minutes 59. (1) The Council shall cause the minutes of all its meetings to be maintained and kept in a proper form. (2) Any minutes made of a meeting of the Council shall, if duly signed by the Chairman, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Council in respect of which minutes of the proceedings have been made in accordance with subsection (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act. Council may invite others to attend meetings 60. (1) The Council may invite any person not being a member of the Council to attend its meetings to advise on any matter under discussion, but that person is not entitled to vote at the meeting. (2) Any person invited under subsection (1) may be paid such allowances as may be determined by the Council. Procedures 61. Subject to this Act, the Council may determine its own procedures. Council may establish committees 62. (1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. Gig Workers 39 (2) The Council shall appoint any of its members to be the head of a committee. (3) The Council may appoint any of its members or any qualified person to be members of a committee. (4) The members of a committee may be paid such allowances as may be determined by the Council. (5) The Council may at any time revoke the appointment of any member of a committee, make changes in the composition of the members of a committee or dissolve a committee. (6) Subject to any direction of the Council, the committee may determine its own procedure. (7) The head of each committee shall cause minutes of all its meetings to be maintained and kept in proper form and copies of the minutes shall be submitted by the committee to the Council as soon as practicable. (8) A committee may invite any person not being a member of the committee to attend its meetings to advise on any matter under discussion, but that person is not entitled to vote at the meeting. (9) Any person invited under subsection (8) may be paid such allowances as may be determined by the Council. Secretariat 63. (1) There shall be a secretariat to the Council with such number of public officers to assist the Council and the Secretary. (2) The secretariat shall be subject to the direction, control and supervision of the Secretary. 40 Laws of Malaysia Act 872 Obligation of secrecy 64. (1) Except for any of the purposes of this Part or for the purposes of any civil or criminal proceedings under any written law, or as approved by the Minister— (a) no member of the Council or committee, or officer of the Council, while he serves as the Chairman, member or officer, shall disclose any information which has been obtained by him in the course of his duties; and (b) no other person who, by any means, has access to any information or document relating to the affairs of the Council shall disclose such information or document. (2) Any person who contravenes subsection (1) commits an offence. Funds 65. The Government shall provide sufficient funds for the Council annually to enable the Council to perform its functions and exercise its powers under this Act. Validity of acts and proceedings 66. No act done or proceedings taken under this Part shall be questioned on the ground of— (a) a vacancy in the membership of, or any defect in the establishment of the Council; or (b) an omission, a defect or an irregularity not affecting the merits of the case. Public servant 67. Any member of the Council or committee, or officer of the Council while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code. Gig Workers 41 Application of Public Authorities Protection Act 1948 68. The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against any member of the Council or committee, or officer of the Council in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. Part VII PROVISION RELATING TO SUPERVISION AND ENFORCEMENT OF PART III, PART V AND PART VI Director General and officers 69. (1) The Director General of Labour appointed under the Employment Act 1955 shall be the Director General for the purposes of this Part. (2) The Deputy Director General of Labour appointed under the Employment Act 1955 shall be the Deputy Directors General for the purposes of this Part. (3) In the absence of the Director General, the Deputy Directors General shall have all powers and may discharge all duties and perform all functions conferred on the Director General under this Part. (4) Subject to the general direction, control and supervision as may be determined by the Director General, all or any power under this Part may be conferred by the Director General to— (a) any officer appointed under the Employment Act 1955; (b) the Director of Labour or any officer appointed under the Labour Ordinance of Sabah; or (c) the Director of Labour or any officer appointed under the Labour Ordinance of Sarawak. 42 Laws of Malaysia Act 872 Functions of Director General 70. For the purposes of this Part, the Director General shall— (a) supervise the compliance of duties by a contracting entity in relation to the rights of a gig worker; (b) enforce the award made by the Gig Workers Tribunal; (c) determine the mechanism and amount of deduction of a gig worker’s earnings, and tip and gratuities under section 12; (d) determine the form and manner of an earnings slip to be issued to the gig worker under section 13; and (e) enforce the order made by the Minister under Part VI. Powers of Director General 71. The Director General shall have the general direction, control, powers and supervision of all matters relating to this Part. Investigating officers and enforcement officers 72. For the purposes of this Part, the Director General may appoint any number of investigating officers and enforcement officers as may be necessary. Authority card 73. (1) The Director General shall issue an authority card to each investigating officer and enforcement officer. (2) Where an investigating officer exercises any of the powers under this Part, he shall on demand, produce to the person against whom the power is being exercised, the authority card. Gig Workers 43 Power of enforcement, investigation and inspection 74. (1) Any officer appointed as an enforcement officer or investigating officer under this Part, shall have the power— (a) to enforce any relevant provision in Part III, Part V and Part VI; (b) to enter into any premise and to inspect any document, record or other relevant thing to ensure compliance with any relevant provision in Part III, Part V and Part VI; (c) to seize any document, record or other relevant thing for the purposes of investigation under Part III, Part V and Part VI; and (d) to investigate the commission of any offence under Part III, Part V and Part VI. (2) For the purposes of this Part, an investigating officer shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] in relation to enforcement, investigation and inspection. Compounding of offences 75. (1) For the purposes of this Part, the Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under Part III, Part V and Part VI prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. 44 Laws of Malaysia Act 872 (3) If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. (4) Where an offence has been compounded under this section— (a) no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and (b) any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as the Director General thinks fit. (5) All sums of money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund. Public servant 76. Any officer while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code. Application of Public Authorities Protection Act 1948 77. The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against any officer in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. Gig Workers 45 Part VIII SOCIAL SECURITY PROTECTION Definition 78. In this Part, unless the context otherwise requires— “Organization” has the meaning assigned to it in the Employees’ Social Security Act 1969 [Act 4]; “Inspector” has the meaning assigned to it in the Employees’ Social Security Act 1969. Director General and Deputy Directors General, powers, functions and duties 79. (1) The Director General and the Deputy Directors General appointed under section 59 of the Employees’ Social Security Act 1969 shall be the Director General and the Deputy Directors General for the purposes of this Part. (2) The Director General and the Deputy Directors General shall have all the powers including powers of an Inspector, functions and duties under this Part. Inspector, etc., powers, functions and duties 80. (1) An Inspector appointed under section 12 of the Employees’ Social Security Act 1969 shall be subject to the direction and control of the Director General or of such other officer or servant of the Organization authorized by the Director General to act on behalf of the Director General, and of any other Inspector superior to the Inspector in rank, and shall exercise his powers, perform his functions and discharge his duties under this Part in compliance with such directions and control of the Director General. (2) An Inspector shall have all the powers, functions and duties conferred under this Part. 46 Laws of Malaysia Act 872 Application of this Part 81. This Part shall apply to a contracting entity who is a platform provider that enters into a service agreement with the gig worker for the performance of any service. Rights of gig worker under this Part 82. For the purposes of this Part, a gig worker shall have the rights— (a) to social security contributions deducted from the earnings payable to the gig worker, made by the contracting entity on behalf of the gig worker to the Organization; and (b) to have access to such deduction of social security contributions in the digital intermediary system which is developed by the contracting entity. Duties of contracting entity under this Part 83. For the purposes of this Part, a contracting entity who is a platform provider shall have the duties— (a) to submit the gig worker’s information to the Organization in the form and manner as may be determined by the Organization; (b) to ensure the registration of the gig worker under the Self-Employment Social Security Scheme administered by the Organization as provided in the Self-Employment Social Security Act 2017 [Act 789] in the form and manner as may be determined by the Organization; (c) to make deduction from the earnings of the gig worker and contribute to the social security scheme administered by the Organization on behalf of the gig worker in the form and manner as may be determined by the Organization; Gig Workers 47 (d) to implement mandatory contribution deduction in the form and manner as may be determined by the Organization and in accordance with the percentage of the contribution amount as may be prescribed; (e) to notify the gig worker to pay the shortfall amount of the minimum monthly contribution to the Organization in the form and manner as may be determined by the Organization, if the amount of contribution deducted by the platform provider does not reach the minimum rate of contribution based on the selected insured monthly earnings under the Self-Employment Social Security Act 2017; (f) to notify the gig worker to select the amount of the monthly contribution payable to the Organization if the contribution deducted by the platform provider exceeds the minimum rate of contribution based on the selected insured monthly earnings under the Self-Employment Social Security Act 2017 within the duration and in the manner as may be prescribed; (g) to provide a mechanism in his digital intermediary system that can connect with the Organization’s system for the purposes of social security scheme and any matter relating to it in the form and manner as may be determined by the Organization; and (h) to implement any measure relating to occupational safety and health and welfare of the gig worker as directed by the Organization in any co-operation programme between the Organization and contracting entity. Liability of contracting entity 84. (1) If the Organization is satisfied that there is a fraudulent action or omission in the registration or payment of contributions of the gig worker, whether directly or indirectly by the contracting entity or any third party, any arrears in the payment of contributions or deduction of the earnings of the gig worker, shall be paid by the contracting entity to the Organization. 48 Laws of Malaysia Act 872 (2) If the contracting entity or any third party is involved in giving any benefit or making any payment under the social security contribution scheme administered by the Organization to any gig worker in the event that the gig worker is not entitled to receive it under such social contribution scheme, the contracting entity or such third party shall be liable to repay to the Organization the value of the benefit or the amount of such payment. (3) In the event the contracting entity or such third party is unable to repay the value of the benefit or the amount of such payment under subsection (2), as the case may be, his representative shall be liable to repay the value of the benefit or the amount of such payment, if any. (4) The value or amount payable under this section may be recovered as a civil debt payable to the Organization. Punishment for giving false information 85. Where any person, for the purpose of causing any payment of contribution or benefit under this Part— (a) makes or causes to be made any false statement or false representation; or (b) makes in writing or signs any declaration, form, report, certificate or other document required by this Part which is untrue or incorrect in any material particular, shall be punished with imprisonment for a term which may extend to two years or with a fine not exceeding ten thousand ringgit or to both. Punishment for failure to pay contributions, etc. 86. If any person— (a) fails to pay any contribution or any deduction of contribution which is payable under this Part or fails to pay in accordance with the mechanism as may be determined by the Organization; Gig Workers 49 (b) deducts or attempts to deduct contribution which is not determined by the Organization; (c) fails or refuses to submit any statement, record or any document which is required under this Act; (d) makes a false statement, record or document; (e) obstructs any Inspector, officer and servant or other official of the Organization in the discharge of his duties; or (f) contravenes any of the requirements of this Part, commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand ringgit or to both. Court’s order in respect of contributions due and payable to Organization 87. (1) Upon any person being found guilty of any offence under paragraph 86(a) or (b), the court before which the person is found guilty shall order such person to pay to the Organization the amount of any contributions or deduction of contributions, together with any interest credited on it, due and payable to the Organization and certified by the authorized officer of the Organization to be due from such person prior to the date of such finding of guilt, and the certificate of the authorized officer shall be prima facie evidence of the amount due and payable. (2) Such contributions or deduction of contributions shall be recoverable in the same manner as, and shall be appealable as if it were, an order for payment of compensation under section 426 of the Criminal Procedure Code, unless the court directs the payment of the sum to be made by instalments, the court shall direct that the sum be paid in not more than six instalments within the period of six months. (3) Upon any person being found guilty of an offence under paragraph 86(c) pertaining to the submission of statement, record or any document, the court before which the person is found guilty shall order such person to submit the required statement, record or document within the time as may be determined by the court. 50 Laws of Malaysia Act 872 Trial for more than one offence 88. Notwithstanding the provisions of any written law to the contrary, any person may be charged with and tried at any one trial for any number of offences under paragraph 86(a) or (b), not exceeding thirty-six and such offences shall, for the purposes of the law for the time being in force relating to criminal procedure, be deemed to form part of the same transaction. Copy of entry to be prima facie evidence 89. In any legal proceeding, a copy of an entry in the accounts of the Organization certified by an authorized officer of the Organization shall be prima facie evidence of such entry having been made and such contents in the entry is true. Compounding of offences 90. (1) The Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Part prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. (3) If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. Gig Workers 51 (4) Where an offence has been compounded under this section— (a) no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and (b) any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as the Director General thinks fit. (5) All sums of moneys received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund. Power of investigation 91. Any investigation of offence relating to any provision under this Part which involves the contracting entity and the gig worker shall be conducted by the Organization in accordance with the investigation powers as provided for under Part IX of the Self-Employment Social Security Act 2017. Public servant 92. Any officer of the Organization while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code. Application of Public Authorities Protection Act 1948 93. The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against any officer of the Organization in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. 52 Laws of Malaysia Act 872 Matters to be decided by Tribunal under Self-Employment Social Security Act 2017 94. The Tribunal established under Part VII of the Self-Employment Social Security Act 2017 shall have the powers to decide on any matter in respect of this Part referred to the Tribunal by any person. Part IX OCCUPATIONAL SAFETY AND HEALTH Director General, Deputy Director General and officers 95. (1) The Director General and the Deputy Director General of Occupational Safety and Health appointed under the Occupational Safety and Health Act 1994 [Act 514] shall be the Director General and the Deputy Director General for the purposes of this Part. (2) The Director General and the Deputy Director General shall have all the powers, functions and duties under this Part. (3) Subject to the general direction, control and supervision of the Director General, any officer appointed under the Occupational Safety and Health Act 1994 shall exercise all powers conferred on the Director General under this Part. Functions of Director General 96. For the purposes of this Part, the Director General shall supervise the compliance of duties by a contracting entity and a gig worker in relation to occupational safety and health of the gig worker. Powers of Director General 97. The Director General shall have the general direction, control, powers and supervision of all matters relating to this Part. Gig Workers 53 Application of this Part 98. This Part shall apply to— (a) a contracting entity other than an individual; and (b) a gig worker. Investigating officers and enforcement officers 99. For the purposes of this Part, the Director General may appoint any number of investigating officers and enforcement officers as may be necessary. Authority card 100. (1) The Director General shall issue an authority card to each investigating officer and enforcement officer. (2) Where an investigating officer exercises any of the powers under this Part, he shall on demand, produce to the person against whom the power is being exercised, the authority card. Power of enforcement, investigation and inspection 101. (1) Any officer appointed as an enforcement officer or investigating officer under this Part, shall have the power— (a) to enforce any relevant provision in this Part; (b) to enter into any premise and to inspect any document, record or other relevant thing to ensure compliance with any relevant provision in this Part; (c) to seize any document, record or other relevant thing for the purposes of investigation under this Part; and (d) to investigate the commission of any offence under this Part. (2) For the purposes of this Part, an investigating officer shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code in relation to enforcement, investigation and inspection. 54 Laws of Malaysia Act 872 Compounding of offences 102. (1) For the purposes of this Part, the Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Part prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. (3) If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. (4) Where an offence has been compounded under this section— (a) no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and (b) any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as the Director General thinks fit. (5) All sums of money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund. Duties of contracting entity under this Part 103. (1) For the purposes of this Part, a contracting entity shall— (a) conduct risk assessment by evaluating the risks to safety and health arising out of hazards at work to determine and implement the appropriate measures for risk control; Gig Workers 55 (b) ensure adequate safety and health measures in respect of any equipment and facility provided for the use of the gig worker; (c) ensure that the gig worker is not exposed to safety and health risk arising out of the arrangements and processes provided by the contracting entity while the gig worker is performing his service; (d) ensure that the gig worker has adequate information, instruction, training and supervision as is necessary arising out of the risk assessment conducted for the gig worker to perform his service; (e) develop and implement procedures for dealing with emergencies that may arise while the gig worker is performing his service; and (f) notify the Director General of any occupational accident or occupational diseases which has occurred while the gig worker is performing his service. (2) Any contracting entity who contravenes subsection (1) commits an offence. Duties of gig worker under this Part 104. (1) Any gig worker shall comply with— (a) any safety and health measures provided by the contracting entity under paragraph 103(1)(b); (b) instructions given by the contracting entity under paragraph 103(1)(d); and (c) procedures for dealing with emergency under paragraph 103(1)(e) developed or implemented by the contracting entity. 56 Laws of Malaysia Act 872 (2) Any gig worker who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding three months or to both. Public servant 105. Any officer while discharging his duties or performing his functions or exercising his powers under this Part shall be deemed to be a public servant within the meaning of the Penal Code. Application of Public Authorities Protection Act 1948 106. The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against any officer in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith, in such capacity. Part X MISCELLANEOUS Prosecution 107. No prosecution shall be instituted for an offence under this Act without the consent in writing of the Public Prosecutor. General penalty 108. Any person who contravenes— (a) any provision of this Act; or (b) any summons, order or direction given or made under this Act, for which no penalty is expressly provided shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding fifty thousand ringgit or to both. Gig Workers 57 Offence by body corporate, etc. 109. Where an offence under this Act has been committed by a body, incorporated or registered under any written law— (a) in the case of a body corporate, any person who is a director, manager, secretary or any other officer responsible for the management of the body corporate at the time of the commission of the offence; (b) in the case of a partnership or sole proprietor, every partner in the partnership or the sole proprietor at the time of the commission of the offence; or (c) in the case of an association or a society or any other body registered under any written laws, the president, the chairman, the secretary, the treasurer or other similar officer of the association or society at the time of the commission of the offence, may be charged jointly or severally with the body corporate, partnership, sole proprietor, association or society or any other body registered under any written laws, and if the body corporate, partnership, sole proprietor, association or society or any other body registered under any written laws is found guilty of the offence, the person referred to in paragraph (a), (b) or (c) shall be deemed to have committed the offence, unless he proves that the offence was committed without his knowledge or connivance or that he took all reasonable precautions or he had exercised due diligence to prevent the commission of the offence. Power to amend Schedule 110. The Minister may, by order published in the Gazette, amend the Schedule. Power to exempt 111. The Minister may by order exempt, subject to any conditions as he may think fit to impose, any person or class of persons from any of the provisions of this Act. 58 Laws of Malaysia Act 872 Power to make regulations 112. The Minister may make regulations to prescribe— (a) the procedures for the conciliation proceedings and any related matter; (b) the procedures, proceedings and fees under Part V; (c) the offences which may be compounded, the forms to be used, and the methods and procedures for compounding such offences under this Act; (d) any matter to be prescribed by the Minister under Part VIII; and (e) any other matter for the better carrying out of the provisions of this Act.

Schedule [Section 2] (1) No. (2) Service (3) Relevant gig worker 1. Acting Actor 2. Filming activities Film production crew 3. Music-related activities (a) singer (b) musician (c) composer (d) lyricist 4. Aesthetic (a) make-up artist (b) hair stylist (c) stylist Gig Workers 59 (1) No. (2) Service (3) Relevant gig worker 5. Translation (a) sign interpreter (b) interpreter or translator (c) transcriber 6. Journalism (a) journalist (b) stringer 7. Prenatal and postnatal care or treatment Caregiver 8. Palliative, elderly and rehabilitation care Caregiver 9. Photography and videography (a) photographer (b) videographer