No abstract

The rapid development of digitalisation has tremendously changed the way business operates. In recent years, the on-demand economy or gig economy model has received positive acceptance worldwide due to its convenience and flexibility, both to business owners and consumers. More importantly, the on-demand economy offers a variety of job prospects to workers via digital platforms. These workers are known as 'virtual workers' or 'crowd workers’ are classified as 'self-employed' or 'independent contractors'. This new employment model has received much attention from the legal and human rights perspectives. The classical employer-employee relationship that is not transparent in the on-demand economy has resulted in the exclusion of liability and responsibility of platform companies to respect fundamental human rights protections of the workers. Digital platform companies are criticised for taking advantage of the weakened labour standards and protections, such as lack of collective bargaining power, inadequate social security protection, unlimited working hours, and inadequate safety and health policies at the workplace. In addition, the workers at these platforms reportedly experienced irregular payment schemes. This led to vertical inequality and discrimination between these two groups of workers. Hence, this paper seeks to explore and examine human rights protection concerning workers in the on-demand economy. Additionally, this paper will present a specific discussion on vertical inequality between the two groups of workers and thereafter recommend the need for determination of employment status for the platform workers and also the need to ensure essential human rights protections for all workers irrespective of their employment status.

No abstract

No abstract

Recently, Malaysians were alarmed with the shocking news of a marriage between an 11-year-old Thai girl and a 41-year-old Kelantanese man that took place in Thailand. Though the marriage was valid as it fulfilled all the requirements under Islamic Law, it could not be registered in Malaysia without the consent of a Syariah Court as the bride was below the minimum age permitted by Malaysian Law. The man was prosecuted and received a penalty, but the girl remains as a wife. Being a wife, she would shoulder a lot of responsibilities and must also be able to sacrifice a lot of things. It was reported that the man allowed the girl to continue religious schooling, but it was declined by the latter. Without sufficient knowledge and experience, the girl’s future would solely depend on her husband and the parent. Thus, this research paper aims to study the issue of child marriages in Malaysia and how it would affect children legally and physiologically. This paper also intends to examine on the right to education with special reference to married children. This research paper adopts qualitative methodology by examining relevant statutory provisions, decided cases, international treaties, and articles from selected journals. It is therefore suggested that special care should be placed on the married children, particularly on their right to education and their right to be able to hold the future at their own hands.