Gig workers can be represented by family members, associations in disputes, says HR Minister


Photo: Bernama

KUALA LUMPUR: Gig workers who are unable to represent themselves during dispute mediations in the Tripartite Council can be represented by family members or a body such as an association of gig workers, says Steven Sim.

The Human Resources Minister also stated that unions can represent gig workers in the Tripartite Council only if they include gig workers of the same profession in their union.  

Sim said this at a briefing on the Gig Workers Bill 2025 for media freelancers held here Thursday (Oct 16), which was also attended by Deputy Communications Minister Teo Nie Ching.

The minister further said that there are times when gig workers are unable to speak up to defend themselves in disputes.

"For example, as I understand it, the NUJ (National Union of Journalists) is trying to include media freelancers in their union. If the law allows this, then the union can represent the media freelancers. However, I propose that gig workers form associations in solidarity with their jobs to have a group that can speak up for them should a dispute arise.

"Under the Act, it is clearly stated that gig workers have the right to form associations. These associations can represent gig workers in conciliation proceedings at the Industrial Relations Department, disputes before the gig workers’ tribunal, and in the tripartite or consultative council," he said.

NUJ secretary-general Teh Athira Yusoff, who was also at the briefing, said that the union had applied to the Selangor Union Matters Department last October to open its doors to freelancers.

"If we get the approval, we can form a freelance branch, and its members can appoint a chairman or secretary. We submitted last year in October and are still waiting for approval. We are confident in this amendment because we argue that the workload and employment contracts for these workers are the same as those for full-time workers.

"Contract workers in the media industry work as stringers, but they are sometimes shortchanged and not paid when their work is not published or aired," said Teh Athira.

Sim said the ministry was also awaiting the decision, as it could set a precedent for other unions.

"However, as it stands now, under the Trade Union Act, unions are only for 'employees,' not 'gig workers' as defined under the Employment Act," said Sim.

He also said that the Tripartite Council is not an ad hoc council but a standing council established by law.

Teo, meanwhile, said that news personnel play a very important role in providing information to the masses ethically, and freelancers also have a role to play.

Earlier during the event, NUJ president Low Boon Tat said that the Gig Workers Bill is being hailed by media freelancers as many faced challenges such as getting bank loans and no promise of a future.

“We ask that there be a model solution for those with part-time contractual jobs in media.

“We also ask that there be a social net and support from the ministry should their contracts not be continued,” said Low.

The Human Resources Ministry is now on a nationwide roadshow, meeting various types of gig worker groups to explain the implications of the new law.

A coalition of major trade unions and workers’ associations representing over 1.42 million members have backed the Gig Workers Bill 2025, calling it a historic milestone for Malaysia’s labour landscape.

Tabled in the Dewan Rakyat on Aug 26, the Bill officially recognises over 1.2 million gig workers for the first time, providing them with legal protection and access to fairer working conditions.

The coalition stated that the legislation will usher in a new era for Malaysia’s workforce by ensuring rights, welfare, and social security for gig workers, who have long been left in a grey area of employment law.

 

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