Malaysia legislation
Section 2
Section 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;
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(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
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(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.
(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—