Gig Workers Act 2025 Malaysia: Your Rights and How to File a Claim
By Low Jing Hong, Editor, SuperJobs|Reviewed by Farah, Reviewer, SuperJobs
Published |Last reviewed

Quick Answer: The Gig Workers Bill is now law. The Gig Workers Act 2025 (Act 872) has protected e-hailing drivers, delivery riders and other gig workers in Malaysia since 31 March 2026. It guarantees a service agreement, payment within 7 days, no termination without just cause, SOCSO cover and a Gig Workers Tribunal for disputes.
| Key fact | Gig Workers Act 2025 (Act 872) |
|---|---|
| Royal Assent | 16 December 2025 |
| Published in the Gazette | 31 December 2025 |
| In force | 31 March 2026 |
| Who is covered | Malaysian citizens and permanent residents doing platform work, or one of the services listed in the Schedule |
| Payment deadline if the agreement is silent | 7 days after the service is completed (section 11) |
| Longest suspension for an inquiry | 14 days, extendable by 7 if misconduct is found (section 14) |
| Where disputes end up | Conciliation, then the Gig Workers Tribunal |
| Penalty for ignoring a Tribunal award | Fine up to RM50,000, jail up to 2 years, or both (section 45) |
Checked against the text of Act 872 published by the Ministry of Human Resources on 30 September 2026.
What is the Gig Workers Act 2025?
It is the law that the Gig Workers Bill became. Parliament passed it in 2025, it received Royal Assent on 16 December 2025 and it came into force on 31 March 2026.
Before the Act, gig workers were treated as independent "partners". The Employment Act 1955 did not apply to them, so a rider whose account was switched off had little recourse. Act 872 creates a separate category. Gig workers are still not employees, but they now have rights that no service agreement can take away. Section 5 says any term less favourable than the Act is void and replaced by the Act's own terms, and section 8(3) voids any term that tries to waive a gig worker's rights.
Who counts as a gig worker under the Act?
Under section 2, a gig worker is an individual who is a Malaysian citizen or permanent resident, has a service agreement with a contracting entity, and is paid earnings for the service.
That covers two groups:
- Platform workers. Anyone doing any service through a platform provider, such as e-hailing drivers, food and parcel delivery riders and freelancers who find work through an app.
- Non-platform workers in listed services. The Schedule names actors, film production crew, singers, musicians, composers, lyricists, make-up artists, hair stylists, stylists, interpreters, translators, sign interpreters, transcribers, journalists, stringers, caregivers (prenatal, postnatal, palliative, elderly and rehabilitation care), photographers and videographers.
Foreign workers are not covered, because the definition requires citizenship or permanent residence. People on an employment contract are not gig workers either; the Employment Act still covers them.
What rights do gig workers have?
Section 8 gives every gig worker the right to:
- be told the terms of the service agreement, the service and the rate of earnings before agreeing to do the work;
- be told how earnings, tips and other benefits are paid;
- be paid within the agreed period;
- be consulted before the terms change;
- not be terminated without just cause or excuse; and
- have access to a dispute resolution mechanism.
Platform workers get three more. Platforms must tell them about any automated systems that monitor or evaluate them, and any automated systems that assign work or set working conditions. They must also offer a review of those decisions by a person, not only by the system.
Other protections in the Act:
| Protection | What it means | Section |
|---|---|---|
| Written terms | The agreement must state the parties, period, service, obligations, rates, payment method and any benefits | 3 |
| No exclusivity | A platform cannot stop you from working for other platforms | 9(a) |
| No discrimination | In work conditions, assignment of jobs or pay | 9(b) |
| Association | You may form, join or take part in a gig workers' association | 10 |
| Payment | Within 7 days of the service if the agreement sets no period | 11 |
| Deductions | Only to recover an overpayment from the last 3 months, or as the law or the Director General allows | 12 |
| Earnings slip | You can ask for one from any contracting entity that is not an individual | 13 |
| Social security | Platforms register you with SOCSO and deduct contributions from your earnings | 82 and 83 |
For the social security part, platforms must register you under the Self-Employment Social Security Scheme run by PERKESO and deduct a prescribed percentage of your earnings. If the deductions do not reach the minimum contribution for your chosen plan, the platform must tell you so you can top it up.
What happens if a platform deactivates your account?
Section 14 sets strict rules. A platform may deactivate you only if the service agreement allows it or you committed misconduct while working.
| Step | Rule |
|---|---|
| Suspension for an inquiry | Up to 14 days, with written notice to you |
| No misconduct found | The platform must reactivate you and pay half your average daily earnings for each day suspended |
| Misconduct found | The platform may end the agreement, or extend the suspension by up to 7 days |
| Before deciding | You must be given the right to be heard |
| After deciding | You must get a written explanation |
The compensation is worked out from what you earned on the days you actually worked in the 30 days before the suspension.
Worked example. Aina is a composite case, not a real person; the numbers show how section 14 works. She delivers food in Shah Alam through a delivery app and earned RM2,400 over 20 working days in the 30 days before her account was suspended. Her average daily earnings are RM2,400 ÷ 20 = RM120. The inquiry lasts the full 14 days and finds no misconduct. The platform must reactivate her account and pay her 14 × (RM120 ÷ 2) = RM840.
A platform that fails to give written notice, reactivate you, pay this compensation, hear you or explain its decision commits an offence.
How do you file a claim at the Gig Workers Tribunal?
You cannot go to the Tribunal directly. Cases reach it through conciliation. The route depends on the kind of dispute.
For a deactivation decision:
- Keep the written notice of suspension and the platform's written explanation of its decision.
- If you disagree with the decision, file a complaint for conciliation with the Industrial Relations Department. The internal grievance step does not apply to deactivation disputes (section 17(3)).
For any other dispute, such as late payment, wrongful deductions or a breach of the agreement:
- Lodge a written complaint through the platform's or company's internal grievance mechanism. It must try to resolve the dispute within 30 days.
- Go to conciliation if there is no internal mechanism, if you are unhappy with the result, or if 30 days pass without a resolution.
- If your dispute is with an individual or a sole proprietor, go straight to conciliation.
At conciliation and the Tribunal:
- A conciliator from the Industrial Relations Department tries to settle the dispute. A settlement is recorded and binding.
- If there is no likelihood of settlement, the conciliator refers the case to the Gig Workers Tribunal.
- The Tribunal sends both sides written notice of the hearing. Hearings are public.
- You may speak for yourself or be represented by an official of a gig workers' association or a family member. Lawyers are not allowed for either side (section 36(3)).
The Ministry of Human Resources takes complaints and questions about the Act through its eAduan portal at eaduan-gig.mohr.gov.my.
What can the Tribunal award?
The Tribunal must make its award without delay and, where practicable, within 30 days of the last hearing date. Under section 42, it can order a party to:
- pay the full earnings, tips or benefits owed;
- refund wrongful deductions;
- compensate for loss or damage;
- restore your access to the platform;
- comply with the agreement or the Act; and
- pay costs and interest of up to 8% a year.
An award binds both sides and is treated as an order of the Sessions Court, so either party can enforce it. Anyone who disagrees with an award can appeal to the High Court within 14 days of it being pronounced. A party who fails to comply commits an offence punishable by a fine of up to RM50,000, jail of up to two years or both, plus up to RM500 for every day the failure continues after conviction.
What mistakes should gig workers avoid?
- Using the internal grievance route for a deactivation. Deactivation disputes go straight to conciliation after the platform's decision.
- Losing the paperwork. The written suspension notice, the written explanation and your earnings slips are your main evidence. Screenshot them.
- Hiring a lawyer for the Tribunal. The Act does not allow it. Bring an association official or a family member instead.
- Missing the appeal window. An appeal to the High Court must be filed within 14 days of the award.
- Assuming every worker is covered. Only citizens and permanent residents are gig workers under the Act.
Where to go next
- Earning from content or sponsorships as well? Read our guide to influencer tax.
- Doing gig work alongside a full-time job? See the rules on moonlighting.
- Compare what employees get under the Employment Act, such as maternity and paternity leave.
- Looking for work with a written contract? Browse jobs on SuperJobs or see freelance roles.
Sources
All checked 30 September 2026.
- Gig Workers Act 2025 (Act 872), Ministry of Human Resources: sections 2, 3, 5, 8 to 14, 17 to 19, 36, 42 to 45, 82, 83 and the Schedule. Royal Assent 16 December 2025, published in the Gazette 31 December 2025.
- Ministry of Human Resources, Gig Workers Act 2025 portal: eAduan complaints channel.
- Commencement on 31 March 2026: Human Resources Online, 31 March 2026.
- Self-Employment Social Security Act 2017 (Act 789), administered by PERKESO.
?Frequently Asked Questions
Apakah Akta Pekerja Gig 2025 (Akta 872)?
Akta Pekerja Gig 2025 (Akta 872) ialah undang-undang yang melindungi pekerja gig di Malaysia, seperti pemandu e-hailing, penghantar makanan dan pekerja kreatif bebas. Akta ini menerima Perkenan Diraja pada 16 Disember 2025 dan berkuat kuasa pada 31 Mac 2026. Ia memberi hak kepada perjanjian perkhidmatan bertulis, bayaran dalam tempoh tujuh hari, perlindungan PERKESO dan akses kepada Tribunal Pekerja Gig.
Who are gig workers in Malaysia?
Under section 2 of the Gig Workers Act 2025, a gig worker is a Malaysian citizen or permanent resident who has a service agreement and is paid earnings for a service. That covers anyone working through a platform, such as e-hailing drivers and delivery riders, plus non-platform workers listed in the Schedule, such as actors, musicians, make-up artists, translators, journalists, caregivers and photographers.
Apakah maksud pekerja gig?
Pekerja gig ialah individu yang membuat kerja secara bebas melalui perjanjian perkhidmatan dan dibayar bagi setiap tugasan, bukan melalui kontrak pekerjaan biasa. Di bawah Akta 872, pekerja gig mesti warganegara atau penduduk tetap Malaysia. Contohnya pemandu e-hailing, penghantar makanan, pelakon, pemuzik, jurugambar, penterjemah dan penjaga. Mereka bukan pekerja di bawah Akta Kerja 1955.
Is it legal to work 45 hours per week in Malaysia?
Yes. The Employment Act 1955, as amended in 2022, caps normal working hours for employees at 45 a week, and work beyond that counts as overtime. The 45-hour limit applies to employees, not gig workers: the Gig Workers Act 2025 sets no weekly hour limit, because gig workers decide when to take jobs under their service agreement.
What is the minimum hourly wage in Malaysia for 2026?
The minimum wage for employees in Malaysia is RM8.72 an hour, or RM1,700 a month, under the Minimum Wages Order 2024. It does not apply to gig workers, who are not employees. Instead, section 47 of the Gig Workers Act 2025 tasks a Consultative Council with advising the Government on minimum earnings rates for gig workers by sector, region and type of work.
How long of inactivity does it take before your driver account is deactivated?
The Gig Workers Act 2025 sets no inactivity period; that depends on your service agreement with the platform. What the Act controls is deactivation itself: under section 14, a platform may deactivate you only as the agreement allows or for misconduct, must give written notice of any suspension, must hear you before deciding and must explain its decision in writing.
Do Grab drivers get penalized for cancelling?
Penalties for cancelling depend on each platform's service agreement, and the Gig Workers Act 2025 does not ban them. It does limit what a platform can take from your pay: section 12 allows deductions from earnings or tips only to recover a recent overpayment, or as the law or the Director General permits. You must also be consulted before your terms change.
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