Malaysia legislation
Section 14
Section 14
(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.
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(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.
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(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