2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia
| Format: | General Document |
|---|
| _version_ | 1860798179199418368 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2023-08-01 |
| format | General Document |
| id | 16310 |
| institution | UniSZA |
| originalfilename | REGULATORY FRAMEWORK FOR THE PROTECTION OF PLATFORM WORKERS’ RIGHTS IN MALAYSIA (PHD_2023).pdf |
| person | Maheran binti Makhtar |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16310 |
| sourcemedia | Server storage Scanned document |
| spelling | 16310 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16310 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 3.0.10; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 2023-08-01 437 Framework Foreign workers REGULATORY FRAMEWORK FOR THE PROTECTION OF PLATFORM WORKERS’ RIGHTS IN MALAYSIA (PHD_2023).pdf Maheran binti Makhtar Regulatory Protection Social aspects Social security 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia Platform work is recognized as the current form of work, where it allows platform workers to enjoy the flexibility and autonomy of work through work arrangements via digital platforms. In the delivery sector, a platform worker is considered a self- employed or an independent contractor to perform short-term temporary basis work, with flexibility in working hours, autonomy in the choice of work, and without a long-term commitment to the platform company. Despite the advantages of platform work, there are various human rights issues concerning platform workers, such as their indeterminate employment status, precarious working conditions, lack of safeguard on workers’ rights, and the lack of liability and responsibility on the part of the platform companies to protect the platform workers’ rights. These issues occurred due to the lack of regulation protecting the platform worker’s rights in Malaysia. In view of the regulatory gap, this research aimed to provide a regulatory mechanism for protecting the rights of platform workers in Malaysia. This research explored theories of human rights concerning protecting workers’ rights with specific reference to human rights in business. This research also identified the existing legal framework on workers’ rights in Malaysia, ascertained the concept, status and rights of platform workers, and examined the application of the current legal framework to the platform workers. Thereafter, this research proposed a regulatory framework for protecting platform workers’ rights in Malaysia. This research adopted a combination of doctrinal legal research and qualitative research, which interpreted and assessed theories, principles, concepts, norms, interpretive guidelines, values, legal rules, case laws, and statutes in relation to the protection of workers’ rights and analyzed those data in the context of platform workers’ rights in Malaysia. This research utilized document analysis through a qualitative research approach, a systematic procedure for reviewing and evaluating documents, to elicit meaning, gain understanding and develop empirical knowledge of the documentary data in the field of study. This research found that there is a need to establish a regulatory framework for protecting platform workers’ rights in Malaysia by integrating the principles, values, and standards of human rights in business into the regulation. Therefore, this research proposed a specific-sector regulation through a meta-regulatory approach, which is a combination of state-based regulation and self-regulation to ensure the fundamental rights of platform workers are safeguarded. This research contended that the regulation should integrate the concept of corporate responsibility to respect human rights, which is a valuable mechanism to protect the rights of platform workers in Malaysia. This research asserted that in addition to the state’s duty to protect human rights, platform companies also have a corporate responsibility to respect human rights. Companies should take proactive action in showing their commitment towards their responsibility to ensure the fundamental rights of workers are respected and safeguarded. Dissertations, Academic Thesis |
| spellingShingle | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| state | Terengganu |
| subject | Foreign workers Social aspects Social security Dissertations, Academic |
| summary | Platform work is recognized as the current form of work, where it allows platform workers to enjoy the flexibility and autonomy of work through work arrangements via digital platforms. In the delivery sector, a platform worker is considered a self- employed or an independent contractor to perform short-term temporary basis work, with flexibility in working hours, autonomy in the choice of work, and without a long-term commitment to the platform company. Despite the advantages of platform work, there are various human rights issues concerning platform workers, such as their indeterminate employment status, precarious working conditions, lack of safeguard on workers’ rights, and the lack of liability and responsibility on the part of the platform companies to protect the platform workers’ rights. These issues occurred due to the lack of regulation protecting the platform worker’s rights in Malaysia. In view of the regulatory gap, this research aimed to provide a regulatory mechanism for protecting the rights of platform workers in Malaysia. This research explored theories of human rights concerning protecting workers’ rights with specific reference to human rights in business. This research also identified the existing legal framework on workers’ rights in Malaysia, ascertained the concept, status and rights of platform workers, and examined the application of the current legal framework to the platform workers. Thereafter, this research proposed a regulatory framework for protecting platform workers’ rights in Malaysia. This research adopted a combination of doctrinal legal research and qualitative research, which interpreted and assessed theories, principles, concepts, norms, interpretive guidelines, values, legal rules, case laws, and statutes in relation to the protection of workers’ rights and analyzed those data in the context of platform workers’ rights in Malaysia. This research utilized document analysis through a qualitative research approach, a systematic procedure for reviewing and evaluating documents, to elicit meaning, gain understanding and develop empirical knowledge of the documentary data in the field of study. This research found that there is a need to establish a regulatory framework for protecting platform workers’ rights in Malaysia by integrating the principles, values, and standards of human rights in business into the regulation. Therefore, this research proposed a specific-sector regulation through a meta-regulatory approach, which is a combination of state-based regulation and self-regulation to ensure the fundamental rights of platform workers are safeguarded. This research contended that the regulation should integrate the concept of corporate responsibility to respect human rights, which is a valuable mechanism to protect the rights of platform workers in Malaysia. This research asserted that in addition to the state’s duty to protect human rights, platform companies also have a corporate responsibility to respect human rights. Companies should take proactive action in showing their commitment towards their responsibility to ensure the fundamental rights of workers are respected and safeguarded. |
| title | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| title_full | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| title_fullStr | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| title_full_unstemmed | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| title_short | 2023_Regulatory Framework for the Protection of Platform Workers’ Rights in Malaysia |
| title_sort | 2023_regulatory framework for the protection of platform workers’ rights in malaysia |