Malaysia legislation
Section 83
Section 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