“THE FUTURE OF WORK” REGULATING THE GIG ECONOMY CHALLENGES & SOLUTIONS

24 Feb, 2020, Seri Pacific Hotel

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Venue Details

Seri Pacific Hotel
Jalan Putra 50350 Kuala Lumpur,
Phone : 03 4042 5555

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Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON THE FOLLOWING ISSUES
  • The Future of Work – rise of the Gig economy
  • The Gig economy and entrepreneurial spirit
  • Workers’ status – employees or independent contractors?
  • Reality check – protection or exploitation?
  • Workers’ rights – Dynamex case (US), Uber case (London) a
  • Regulating the GIG economy – the options
  • Law and practice in various jurisdictions – California, UK, EU
  • The future outlook for Malaysia
INTRODUCTION

On October 22, 2019, Malaysian Prime Minister told Parliament that the gig economy has been identified as a new source of economic growth and will be made part of the 12th Malaysia Plan (RMP12). He added that the government is considering new laws to regulate the gig economy. The government has set up a special committee (comprising representatives from three ministries) to resolve various issues related to the gig economy.

 

These new laws are necessary because currently there are no laws to regulate it and to protect the workers. Unlike regular employees, gig economy workers do not have financial safety nets, such as pension and savings in the Employees Provident Fund (EPF).

 

There are currently some 13,000 Foodpanda and 10,000 Grab Food riders in the Klang Valley, and over 160,000 e-hailing drivers employed under the gig economy. According to the Employees Provident Fund, the gig economy in Malaysia has grown by 31% in 2017, surpassing the growth in the conventional workforce. This number is expected to grow in the next few years.

 

In Australia, about a million self-employed people work in the gig economy. According to the World Bank, about 40% of US workers will be in “non-standard jobs” by the year 2020. According to the same source, about 26% of the Malaysian work-force are freelancers and that the number is growing.

 

A gig economy is a free market system where temporary positions are common and corporations engage independent workers for short-term durations. The term “gig” is a slang word meaning “a job for a specified period of time” and is typically used in referring to musicians, singers, entertainers.

 

In a gig economy, temporary jobs and flexible hours are the norm, and corporations hire “independent contractors” and freelancers, not full-time employees. Operating on an online platform, the gig economy thus runs counter to the ” traditional economy” where full-time workers usually focus on building a life-long career in their place of employment.

 

In September 2019, California enacted a new law (known as Assembly Bill 5), which codifies and extends a 2018 California Supreme court ruling in Dynamex Operations West, Inc. v. Superior Court of Los Angeles and is expected to benefit at least one million workers engaged as ride-hailing drivers, food-delivery couriers, janitors, nail salon workers, and construction workers. .

 

This new course will enable the participants to have an in-depth appreciation of the development of the laws affecting the gig economy in various jurisdiction (local and abroad) and conclude with strategies and recommendations for the future gig economy in Malaysia.

WHO SHOULD ATTEND
  • Entrepreneurs
  • Investors
  • Financial Managers
  • Chief Operating Officer
  • Chief Executive Officers
  • Senior Managers
  • Human Resource Managers
  • Financial Institutions
  • Legal Advisers / Legal Officers
  • Regulators / lawmakers
  • Freelancers / Millennials / Self-employed
  • Policy makers
  • Strategic planners
  • Consultants
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
WHAT YOU WILL LEARN
9:00

SESSION ONE

  • What is the “Gig Economy” (platform economy, peer-to- peer economy) – definitions, elements, benefits, drawbacks
  • The future of work – rise of the gig economy
  • The gig economy and the entrepreneurial spirit
  • How the gig economy works
  • Benefits of the gig economy
  • Best practices for leveraging the gig economy – using the labour platforms
  • How do you fix the gig economy?
10.45

SESSION TWO

  • Are gig companies “employers”?
  • Are gig company workers “employees” or “independent contractors”?
  • Part-time work, minimum wages, SOCSO and EPF?
  • The gig economy employment status report (2019)
  • Gig economy: job insecurity and the tax hole
  • Online labour platforms
  • Regulating the gig economy – what are the options?
12.00

SESSION THREE

  • Do we need regulations to police the gig economy? (UK regulating Uber)
  • “It is time to regulate the gig economy” (Aspen Institute)
  • Law and practice in California (AB5).
  • The Dynamex case (California) and the ABC test (“free from control”)
  • The Uber case (London 2018 – now on appeal to the Supreme Court)
  • Legal framework in 10 European countries
1:00 Lunch
2:00

SESSION FOUR

  • Elements of a “21st century employment contracts” by World Bank
  • Law and practice in Australia.
  • Uber and the London authorities – case study
  • Gig economy protection: did the EU get it right?
3:45

SESSION FIVE

  • Reforming the gig economy (Institute for Labour Law)
  • Gig economy: empowerment or exploitation?
  • EU law – minimum rights for gig economy workers
  • Summing up – the Gig Economy and Malaysian Employment Laws.
5:00 End of Course