Gig Workers, No Guarantees: Industrial Relations and Non-Traditional Work Contracts

Abstract

This article examines the evolving status of gig workers within Malaysia’s legal and industrial relations framework, critically assessing the inadequacy of current laws to meet the principles of industrial justice and international labour standards. The rapid expansion of digital platforms has led to the emergence of non-traditional work contracts that offer flexibility but lack fundamental protections typically afforded to formal employees. While schemes such as the Self Employment Social Security Scheme and voluntary contributions under i-Saraan exist, their non-mandatory nature limits coverage and fail to address broader concerns of social protection, job security and collective bargaining. The article explores how lifestyle philosophies such as minimalism and maximalism intersect with gig work preferences, while also foregrounding the psychological and emotional toll of precarious labour. Through doctrinal legal analysis and comparative study with jurisdictions such as the United States and Spain, the study identifies significant gaps in legal recognition and institutional safeguards. The findings underscore the structural vulnerabilities of gig workers, highlighting algorithmic control, absence of due process and exclusion from union representation as key deficits. The article concludes that a comprehensive reform of Malaysia’s labour laws is necessary to introduce a distinct legal category for gig workers, ensure mandatory contributions to social protection schemes and extend workplace rights that align with international benchmarks. This reform must also include emotional well-being provisions to create a more resilient and inclusive future for gig work.