11. Rights to earnings

Terms defined in s 2

• contracting entity

  contracting entity

  Defined · s 2

  “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;

  Open s 2
• earnings

  earnings

  Defined · s 2

  “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;

  Open s 2
• gig worker

  gig worker

  Defined · s 2

  “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 (a) a payment voluntarily made to a gig worker in addition to the earnings; or (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;

  Open s 2
• service agreement

  service agreement

  Defined · s 2

  “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, the Labour Ordinance of Sabah, the Labour Ordinance of Sarawak and the Occupational Safety and Health Act 1994 or a “contract of employment” as defined under the Industrial Relations Act 1967;

  Open s 2