Gig workers are now legally recognised
For the first time, the law defines a "gig worker" as a person with a service agreement performing work for earnings; separate from "employee" and "independent contractor". You are not invisible anymore.
After years of pressure from gig workers, unions, and civil society, Parliament finally passed the Gig Workers Act 2025 (Act 872). 1.64 million Malaysians now have a free, official complaint route at eaduan-gig.mohr.gov.my, plus a dedicated Tribunal. Here is what changed, who is covered, and how to use it.
Six things every gig worker should know.
For the first time, the law defines a "gig worker" as a person with a service agreement performing work for earnings; separate from "employee" and "independent contractor". You are not invisible anymore.
Section 4 requires the contracting entity to give you a written agreement covering scope, earnings, working conditions, and termination. No more "verbal arrangement" loopholes.
eaduan-gig.mohr.gov.my is run by the Department of Labour (JTKSM). Target resolution: 21 working days. Email support: gigkesuma@mohr.gov.my. This should be your first port of call.
If conciliation fails, your case goes to the Tribunal. Awards are binding. Hearings are public. Awards are issued within 30 days of hearing.
Section 38 prohibits advocates and solicitors from representing parties at the Tribunal. You represent yourself, or you can be helped by a family member, a trade association official, or an authorised employee. The system is designed to be DIY.
Section 45: failure to comply with a Tribunal award is a criminal offence; up to RM50,000 fine, 2 years imprisonment, or both. Plus RM500 for each continuing day. The contracting entity has skin in the game.
Five quick questions. The Act applies based on the substance of your work, not just the label on your contract.
By law, you must follow this sequence. You cannot jump straight to the Tribunal.
Send a written complaint to the contracting entity (Grab, FoodPanda, Lalamove, an event organiser, etc.). They must initiate and resolve via their internal grievance mechanism within 30 days.
⚠ Skip this step if your contracting entity is an individual or sole proprietor; go directly to Step 2.
File at eaduan-gig.mohr.gov.my. The Conciliator (Industrial Relations Department) tries to settle. If settlement is reached, it gets recorded; if not, the Conciliator refers to the Tribunal.
Public hearing. You represent yourself or get help from a family member, an authorised employee of the contracting entity, or an official of a registered gig workers' association. Lawyers are not allowed.
Award is binding. Refusal to comply is a criminal offence; RM50,000 fine, 2 years jail, plus RM500 per continuing day. There is a limited right of appeal to the High Court (Section 44).
A visual walkthrough of the eAduan-Gig portal, produced for ALIM's gig worker programme.
PDFCovers the eAduan-Gig portal in 9 visual pages, step by step. Free download.
Send this BEFORE filing at eAduan-Gig (only required if your contracting entity is a company, not an individual or sole proprietor).
[Your full name] [Your IC number] [Your address] [Date] To: [Contracting entity registered name] Re: COMPLAINT OF DISPUTE UNDER SECTION 17 OF THE GIG WORKERS ACT 2025 Dear Sir or Madam, I am a gig worker who has entered into a service agreement with you dated [date]. Pursuant to Section 17 of the Gig Workers Act 2025, I hereby lodge a complaint of dispute and require you to initiate and resolve this dispute through your internal grievance mechanism within thirty (30) days from the date of this letter. The dispute concerns: 1. [Describe the issue clearly; e.g. unpaid earnings of RM[amount] for services rendered between [dates]] 2. [Reference the relevant clause of the service agreement] 3. [State what response you have received from the entity to date, if any] I request the following remedy: - [Specific amount or action required] Should you fail to resolve this dispute within thirty (30) days, I will refer the matter to the Conciliator under Section 18 via the eAduan-Gig portal at eaduan-gig.mohr.gov.my, and subsequently to the Gig Workers Tribunal if necessary. Please acknowledge receipt of this letter within seven (7) days. Yours faithfully, [Signature] [Your full name] [Phone] / [Email]
The new system has limits. In these cases, the Magistrate's Court, through the small claims procedure, remains your route.
If the Tribunal awards in your favour but the contracting entity refuses to pay, the criminal penalties (Section 45) punish them, but you may still need to enforce the award as a civil judgment debt to actually receive your money. That happens through the courts.
For Small Claims (Form 198) cases under RM5,000, the bilingual self-help tool MatSelamat can generate your court documents.
This page is published by ALIM.my as a free public-interest resource. It is not legal advice. Each case is different. If you need representation in matters outside the Tribunal's jurisdiction, consult a licensed advocate and solicitor.
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