GIG WORKER POLICY
INTRODUCTION
Talking about legal protection for gig workers (including freelancers or daily workers) means discussing the rights of workers after carrying out their obligations. So far, employers who employ gig workers still see them as weak parties. Meanwhile, gig workers themselves do not understand what their rights and obligations are. In other words, gig workers only participated in the regulations made by employers. In fact, in a good cooperative relationship there is no party that is more dominant or more important because both employers and gig workers need each other.
The term gig workers do not have a single agreed-upon definition. It is often used to refer to a practice of working where an individual uses a digital platform provided by a company, accessed via an app or a website, to find and perform temporary, freelance, on-demand or gig work as a primary or supplementary source of income. Gig workers are independent contractors, online platform workers, contract firm workers, on-call workers, and temporary workers. Gig workers enter into formal agreements with on-demand companies to provide services to the company's clients.
In addition, one of the rights inherent in workers, including in this case gig workers, is the right to obtain protection for safety, health, morality, maintenance of work morale and treatment in accordance with human dignity and religious morals.
Terms of use
Please read these Terms and Conditions carefully before using the platform offered by Neno Sdn. Bhd. (“Neno”) or (“We”, “Us”, or “Our”), a company incorporated under the laws of Malaysia.
At NENO, the service we offer and sell within the marketplace is termed as a "Gig." Your gig is an opportunity to showcase your talents to potential clients, as well as provide them with all the information they might need before placing an order.
These Terms of Use, hereinafter referred to as "Terms and Conditions" or "T&C" or "Terms" or "Agreement," along with any other Policy or Statement or Information that may be placed on this website, hereinafter referred to as "Company" or “Platform” or “Website” or “We” or “Us,” as modified or amended from time to time, are a binding contract between the company and you, hereinafter referred to as "You" or "User" or or "Gig Worker(s)" or "Healthcare Provider(s)" or “Social Care Provider” or “Caregiver”.
RELATED LAW / LEGAL ACT
Gig economy workers in Malaysia are not included under the definition of employees under the Employment Act 1955 (Act 265). However, the gig economy also provides Self-Employment Social Security Act 2017.
Employment Act 1955
The main objective of the amendment to the 1955 Work Act is to:
Increasing and improving the protection and welfare of workers in this country;
Ensuring that the provisions of labor laws in this country are in line with international standards outlined by the International Labor Organization; and
Making it easier for Malaysia to negotiate trade agreements which at this point often include clauses regarding minimum labor standards as one of the terms of the agreement that must be adhered to.
Gig Workers to be Affected by Employment Act Amendments
Gig workers will soon be considered to be considered to be "employees" under the Employment Act 1955 — but not until January 2023 at the earliest. That's due to recent changes to the Act, which will include updated criteria for an individual to be considered to be an employee under law — even in the absence of a written contract or agreement. Therefore, individuals will qualify for certain protections and considerations under employment law in Malaysia :
Their manner of work is subject to the control or direction of another person;
Their hours of work are subject to the control or direction of another person
They are provided with tools, materials or equipment by another person to execute work
Their work constitutes an integral part of another person's business
Their work is performed solely for the benefit of another person; or
Where payment is made to them in return for work done by them at regular intervals and such.
Self--Employment Social Security Act 2017
Benefits the Act
A self-employed person who has registered with the Organisation and has paid the contributions under the Act (“insured”) is entitled to claim benefits arising from a self-employment injury, that is, a personal injury to the insured caused by an accident or an occupational disease arising out of and in the course of his self-employment activity, including while traveling for the purpose of such activity. An occupational disease refers to a disease specified in the Fifth Schedule of the SOCSO Act which is contracted by an insured who is directly involved in any occupation or industry specified in that schedule (e.g. lung fibrosis due to exposure to arsenic during the production of arsenic-based pesticides) while being self-employed or within 72 months (or such extended period as the Organisation may accept upon production of relevant supporting evidence) after ceasing to be self-employed (SKRINE, 2017).
Health Workers Act / Social Workers Act (In Enactment)
The work of an industry to which this Act applies and:
Who are employed directly by the main employer in respect of any such industrial work, or incidental to or as a preliminary to or connected with such industrial work, whether such work is performed by the employee at the workplace or elsewhere;
Who is employed by or through an employer directly at the workplace of the industry or under the supervision of the principal employer or his agent in respect of work which ordinarily forms part of the work of the industry, or which is the beginning of work carried on in or incidental to the purpose of the industry that.
Ensure the safety, health and welfare of working persons against risks to safety or health arising from the activities of working persons;
To protect persons in the workplace other than persons who are employed against risks to safety or health arising from the activities of persons who are employed;
To promote a work environment for working people who are adapted to their physiological and psychological needs;
To provide for a means whereby relevant occupational health and safety legislation may be progressively replaced by a system of approved industrial regulations and codes of practice, operating in conjunction with the provisions of this Act intended to maintain or improve safety and health standards (UNDANG-UNDANG MALAYSIA, 1994).
Guideline (Malaysia / Global)
These Guidelines are also expected to provide useful knowledge and information in making more NENO procedures efficient and subsequently able to improve self-skills, performance and professionalism in public service especially in management financial and further able to contribute in achieving sustainable development (sustainable development).
DEFINITIONS
Gig Economy
A gig economy is a labor market that relies heavily on temporary and part-time positions filled by independent freelancers rather than full-time permanent employees. The gig economy is based on flexible, temporary, or freelance jobs, often involving connecting with clients or customers through an online platform. The gig economy can benefit workers, businesses, and consumers by making work more adaptable to the needs of the moment and the demand for flexible lifestyles (Munichiello, 2022).
Gig Worker
Gig / Part-Time / Locum Opportunities
Home Medical & Nursing Care Providers
Doctor
Medical Assistant
Nurse
Phlebotomist
Etc.
Home Social Care Provider
Home Caregiver
Home Companion
Health Companion
Peer Support
Masseur
Etc.
Home Therapy & Allied Health Care Providers
Physiotherapist
Occupational Therapist
Speech Therapist
Sports Therapist
Nutritionist
Pharmacist
Optometrist
Etc.
ABOUT NENO
Our Vision
Health For All: Everyone & Everywhere
Our Mission
Malaysia's preferred mobile healthcare services accessible for those in need driven by outreach initiatives by 2030.
Our Objectives
To close the gaps in healthcare accessibility in Malaysia by providing primary healthcare services to both customers and beneficiaries.
To provide and connect healthcare and social care services and providers closer to the community via home visit and outreach.
To empower healthcare and social care providers, caregivers and individuals through training, certification and gig opportunities.
To be the change agent towards healthy living and healthy aging society.
To cross-collaborate and build long term engagement with government, corporates, academia and communities in delivering impact.
Our Values
Care - For Those In Need
Accessible - Services within Reach
Inclusive - No One Left Behind
Sustainable - Aim for Growth
Innovative - New Way of Doing Things
NENO AS SOCIAL ENTERPRISE
As a social enterprise, Neno runs both commercial and social impact programs. When you subscribe to our service, you are contributing directly to our social mission by:
Pay For Impact
51% of Accumulated Profit goes to Social Mission in the form of subsidized healthcare for the targeted beneficiaries in Malaysia.
30% of Gig Worker are Targeted Beneficiaries
One third of NENO gig workers are from targeted beneficiaries from the B40 communities. They are empowered to become trained caregivers. This way, they will be able to improve their life by getting income from providing the home caregiving or companionship service to the clients
OUR SERVICES
Home Healthcare Services
Home Healthcare Services
Home healthcare services by providing healthcare and social care providers for our customers at home or healthcare premise.
- Medicare: Doctor, Medical Assistant, Nurse and Phlebotomist
- Buddy: Caregiver, Companion and Peer Support
- Therapy: Physiotherapist, Speech Therapist, Sport Therapist and etc.
- Mobility: Ambulance and Van with Hydraulic Lift (non-emergency)
Training
Training
- Home-Based Care Training
- Public Training
- Corporate Training
- Caregiver Training
Social Impact Organizer
Social Impact Organizer
- Health Outreach: Organize subsidized Neno Healthcare services to the B40 targeted beneficiaries.
- Empower B40: Organize caregiver training program for the B40 community and provide them with a platform as gig worker to gain income as caregiver.
What We Do Not Provide
What We Do Not Provide
- Live-In Service for 24 hours a day / 7 days a week
- Home Help / Home Maker service for house chores or tasks to maintain the household ie meal preparation, laundry, grocery shopping, and other housekeeping items.
OUR SOCIAL MISSION
GIG ECONOMY ACTIVITIES
Promotion
Recruitment
Onboarding Training
Income Generation
Allowance and Benefits
Gig Management
NENO PROVIDER ETHICS - DO's AND DON'Ts of HOME CAREGIVING
NENO Provider Ethics - Four Principles
To ensure the highest level of client safety, carers adhere to four generally acknowledged principles of health care ethics: Autonomy, Beneficence, Non-maleficence and fairness. Below is a detailed explanation for each principle and how NENO embed it in our Gig service.
Autonomy
In the context of medicine, autonomy refers to the patient’s right to continue to be in charge of his or her own body. For NENO, it is crucial that a patient maintains “a say” in decisions while receiving daily assistance, such as skilled nursing, personal care, physician therapy, dietary and nutritional services, speech therapy, medical management, and other related services. NENO’s caregiver should immediately alert NENO if there is any conflict or interest based on the patient’s views or values so that we can decide what to do next (Clipboard Health, 2022).
Beneficence
All prescribed operations and treatments must be done in the client's best interest. High levels of talent, knowledge, and continual training are required for this, among other things. In the realm of home health care, ongoing education is one of the best ways to serve each client (Clipboard Health, 2022).
Non- Maleficience
The idea behind the "do no harm" philosophy is to encourage NENO caregivers to think carefully before making any decisions, including ones that would benefit a specific patient (Beauchamp, 2007).
Justice
According to the notion of justice in the healthcare sector, all medical judgements should involve some aspect of fairness. For caregivers, having a policy in place that allows for the provision of care, treatment, and services to patients regardless of their age, race, religion, sex, national origin or disability. Additionally, it is NENO’s responsibility to make sure that NENO’s caregivers adhere to all applicable federal and state rules (Beauchamp, 2007).
SERVICE FULFILLMENT HEALTH PRECAUTIONS
Safety Precautions
To maintain the safety of both organizer and training clients / participants, it is a must for training clients / participants to adopt appropriate safety precautions and the usage of equipment below:
Hand Sanitizer
Masks
Gloves
Maintaining Hygiene
Health Declaration
For training clients / participants who are not feeling well, it is recommended for them to postpone their training participation to another available date. You will be contacted by our Health Admin prior to attending training programs to answer several questions related to Covid19 symptoms.
PERSONAL DATA PROTECTION NOTICE (PDPA)
All personal data and other information provided in the application and any additional information provided by training clients / participants, may be used and processed by NENO. In line with the Personal Data Protection Act 2010, training clients / participants consent and agreement is needed. Training clients / participants may directly send an email to hello@neno.my if there is no consent for the processing and disclosure of their personal data.
COPYRIGHTS
Materials
All materials used in the training programme are solely for participants’ personal use. Any act of storing, reproducing or transmitting, including photocopying, e-mailing and recording, are not allowed without a written permission of the author or NENO.
Materials
Any information contained in the document is understood to be correct at the time of the writing. Any assessment and views expressed in the materials shall be regarded purely for public information, discussion and it is not a formal advice. General information in the document is provided for a better clarity and understanding.
ACKNOWLEDGEMENT
By subscribing to or using any of our products or services, you agree that you have read, understood, and are bound by the Terms and Conditions, regardless of how you subscribe to or use our products or services. If you do not want to be bound by the terms, you must not subscribe to or use our services.
REFERENCES
Beauchamp, T. L. (2007, June). The 'Four Principles' Approach to Health Care Ethics. ResearchGate. Retrieved June 6, 2023, from https://www.researchgate.net/publication/229533131_The_'Four_Principles'_Approach_to_Health_Care_Ethics
Clipboard Health. (2022, November 23). Clipboard Health. Clipboard Health. Retrieved June 6, 2023, from https://www.clipboardhealth.com/post/how-the-4-principles-of-health-care-ethics-improve-patient-care
K, N. (2022, October 6). Gig Economy Versus Salaried Workers in Malaysia — What You Need to Know. altHR. Retrieved June 6, 2023, from https://althr.my/resources/gig-economy-versus-salaried-workers-in-malaysia
Munichiello, K. Á. (2022, october). Gig Economy: Definition, Factors Behind It, Critique & Gig Work. Investopedia. Retrieved June 6, 2023, from https://www.investopedia.com/terms/g/gig-economy.asp
SKRINE. (2017, September 30). Advocates & Solicitors. Skrine - Advocates & Solicitors. Retrieved June 6, 2023, from https://www.skrine.com/insights/newsletter/september-2017/the-self-employment-social-security-act-2017
UNDANG-UNDANG MALAYSIA. (1994, February 24). DOSH. Retrieved June 6, 2023, from https://www.dosh.gov.my/index.php/ms/perundangan/akta/3773-akta-keselamatan-dan-kesihatan-pekerjaan-1994-akta-514/file
Wingo, L. (2021, March 16). What is a Gig Worker? U.S. Chamber of Commerce. Retrieved June 6, 2023, from https://www.uschamber.com/co/run/human-resources/what-is-a-gig-worker
INQUIRIES AND FEEDBACKS
Should you require further information about the service or the way in which the service is fulfilled which are not answered by this Service Policy, please contact or write to us at:
NENO Hotline No: +6011 5665 5686
Email: hello@neno.my
NENO Gig Worker Policy v1.06.06.2023