17. Internal grievance mechanism

(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.

Terms defined in s 2

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
dispute
Defined · s 2
“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;
Open s 2
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
internal grievance mechanism
Defined · s 2
“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;
Open s 2
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

Report

Read on from s 18

Part V

Gig Workers Tribunal

Read on from Part V

Part VI

Consultative Council

Read on from Part VI

Part VII

Provision Relating to Supervision and Enforcement of Part III, Part V and Part VI

Read on from Part VII

Part VIII

Social Security Protection

Read on from Part VIII

Part IX

Occupational Safety and Health

Read on from Part IX

Part X

Miscellaneous

Read on from Part X