Buyers on digital platforms get gig worker rights

PETALING JAYA: Personal shoppers who work via digital platforms can be recognised as gig workers under the Gig Workers Act, says the Human Resources Ministry.

Under the Act, gig workers refer to Malaysians or permanent residents who have an agreement with a contracting entity, such as platform providers, and receive an income for their services.

“To protect these workers from exploitation by platforms or middlemen, the ministry, through the Gig Consultative Council, would advise the government on minimum earnings rates,” said the ministry.

The Gig Workers Act is scheduled to be enforced on March 31.

In a statement on March 8, the ministry said it was in the final stage of establishing a Gig Consultative Council as a tripartite platform, bringing together representatives of the government, gig workers and contracting entities.

The council is expected to submit recommendations to the government on minimum income rates and minimum standards to be applied in the gig sector, among others.

“Furthermore, the council is mandated to recommend the specific formulas to be applied in relation to minimum earnings and earnings across various sectors, and types of services to ensure that the remuneration is fair, transparent and systematic,” the ministry said in reply to The Star.

“These standards serve as a regulatory benchmark to ensure personal shoppers are integrated into formal structures, which include mandatory social protection schemes and professional codes of practice that facilitate better access to government-led training and micro-financing initiatives.”

However, the ministry said it had no legal power to set up or promote gig worker associations.

Labour lawyer Jack Yow explained that having a separate category of personal shoppers under the Act can only be determined after a careful study of the percentage of people who are doing this work.

“If the percentage is small, there may not be a need to create a separate category for personal shoppers,” he said when contacted.

Although there is no category under the Act which expressly refers to “personal shopper”, he said that this does not mean they are not covered by the Act.

“They can still be protected as long as they work with a platform provider and are Malay­sian citizens or permanent residents earning income from the service.”

He cited the examples of delivery workers and e‑hailing drivers, who are not specified in the Act but are covered under the law because of their contracts with digital platforms.

Gig worker activist and lawyer Bryan Ng Yih Miin said the Act’s list of professions is not exhaustive, covering roles from musicians to babysitters.

He urged personal shoppers to operate responsibly and within the law.

“Personal shoppers should register with the Companies Commis­sion of Malaysia, pay taxes where applicable, and only buy legal items,” he said.