Resulting from COVID-19 pandemic, GIG economy has rapidly evolved worldwide reaching to 1.12 million in Malaysia as in 2024. The mushrooming number indicates the substantial expansion of GIG economy. Generally, Malaysia is not alone as Indonesian GIG workers have also presented substantial difficulties in determining the legal standing and their entitlements particularly in relation to their legal status, which has led to positive and negative consequences. This study provides a comparative analysis of the governing laws affecting GIG workers in Malaysia and Indonesia. By examining the legal status of GIG workers in both countries, this research aims to elucidate the similarities and differences in how GIG workers are classified, protected, and regulated. Detailed analysis of relevant laws, regulations, and judicial decisions pertaining to GIG workers will be undertaken. Through this comparative approach, it is found that in both countries, GIG workers are not protected by the main existing regulation for the common category of employees, but there are alternatives suggested to improve their situation. The study seeks to contribute insights into the effectiveness of current legal frameworks and propose recommendations for enhancing the legal protections and rights of GIG workers in Malaysia and Indonesia.

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Comparative Analysis on the Legal Status of GIG Workers Between Malaysia and Indonesia

  • Alizah Ali,
  • Siti Zarikh Sofiah Abu Bakar,
  • Mohd Norazali Nordin,
  • Rahmawati Mohd Yusoff,
  • M. Qahar Awaka,
  • Wiend Sakti Myharto,
  • Erwin Syahruddin

摘要

Resulting from COVID-19 pandemic, GIG economy has rapidly evolved worldwide reaching to 1.12 million in Malaysia as in 2024. The mushrooming number indicates the substantial expansion of GIG economy. Generally, Malaysia is not alone as Indonesian GIG workers have also presented substantial difficulties in determining the legal standing and their entitlements particularly in relation to their legal status, which has led to positive and negative consequences. This study provides a comparative analysis of the governing laws affecting GIG workers in Malaysia and Indonesia. By examining the legal status of GIG workers in both countries, this research aims to elucidate the similarities and differences in how GIG workers are classified, protected, and regulated. Detailed analysis of relevant laws, regulations, and judicial decisions pertaining to GIG workers will be undertaken. Through this comparative approach, it is found that in both countries, GIG workers are not protected by the main existing regulation for the common category of employees, but there are alternatives suggested to improve their situation. The study seeks to contribute insights into the effectiveness of current legal frameworks and propose recommendations for enhancing the legal protections and rights of GIG workers in Malaysia and Indonesia.