Protecting Gig Workers in the Digital Labour Platform Through the Principles of Social Justice in Islam

Siti Suraya Abd Razak

 

Abstract: The rise of digital labour platforms has created new opportunities for gig workers. However, gig workers are currently facing various issues, such as a lack of labour rights and social security protection in their work. Islam promotes fairness in treating all members and groups in society, which includes employment rights. Employment protection for gig workers in Malaysia can be improved through the application of Islamic principle of social justice. Based on doctrinal methodology and library-based research, as well as the analysis of selected verses from the Qur’an and hadith, this note argues that although Malaysia has laws that protect workers, such as the Employment Act 1955, there are lacunae in the law that cause gig workers to be treated unfairly by the platform provider. This note finds that since the term gig worker is not interpreted clearly in the Employment Act 1955, it causes them to be disqualified from any employment protection as provided under the Act. Thus, it is crucial to incorporate the principle of social justice in Islam into the Malaysian employment to ensure that gig workers are given equal protection under the law.