GIG WORKERS AND LABOUR RIGHTS: A NEED FOR LEGAL WELFARE RECOGNITION IN INDIA

Authored By: N.Dhanyalakshmi

The Tamilnadu Dr Ambedkar Law University

INTRODUCTION:

In the rapid technological world, the gig workers have transformed because flexible work time through digital life. Gig workers mean part time workers like Uber, Zomato, Swiggy, Blinkit, Ola etc. In the digital world, the gig workers increasing rapidly. They can perform short term in digital platforms. Gig workers lack in minimum wages, social security, insurance, paid leave, job security. In India, gig workers need for legal recognition under labour law. Because gig workers played a vital role in india. Gig workers also a worker in india. Gig workers need official framework for the rights of workers.

This research is based on doctrinal research methodology. By analysing in legal perspective like statues, judicial decisions, official documents, books etc… Moreover, Social Security Act, 2020 talks about gig workers but lack of legal gaps. Although the social security act recognices the gig workers but not grant them full employee position in labour rights.Every labour wants a rights for his work and security for life.They work for minimum wages but workload was heavy.This research article examines the lack of welfare while promoting sustainable development and growth of India’s digital economy.Gig workers want a rights and liabilities under labour law.

MAIN BODY:

GROWTH OF THE GIG ECONOMY IN INDIA:

NITI Aayog titled the report was “India’s Booming Gig and Platform Economy”[2022] that study examines the 2020-21[7.7million workers] were worked in the gig platforms. In the future expected to increased to 2.35 crore workers by 2029-30. [1]

CHALLENGES FACED BY GIG WORKERS IN INDIA:

Despite in rapid growth of gig economy, they face lots of challenges like minimum wages, insurance, job security, paid leave, social security etc… they faced numerous legal, economic and social problems.

1.Lack of legal recognition:

In the labour law, there is a lack for legal recognition as employees. In digital platforms classify gig workers as independent contractors or self-employed persons. Gig workers lack in minimum wages, social security, insurance, paid leave, job security. The judiciary provide the lack of legal recognition under labour law. The absence of legal recognition also creates the rights and responsibilities of both companies and workers. Since there is no employer-empolyee relationship in the traditional sence, gig workers limited legal unfair termination, exploitation of digital platforms. Recognizing gig workers under labour laws would promote fairness, protect workers’ dignity, and support the sustainable growth of India’s digital economy.

2.Absence of social security:

One of the problems faced by gig workers in india is absence of social security. Unlike regular employees, gig workers generally do not receive benefits such as Provident Fund (PF), Employees’ State Insurance (ESI), gratuity, pension, maternity benefits, paid leave, or unemployment benefits. There is an urgent need for establish a social security system for gig workers. Ensuring access to health insurance, pension schemes, accident compensation, maternity benefits, and other welfare measures.

3.Job insecurity:

There is no job security under the existing labour laws for gig workers. They may lose their livelihood overnight without any legal protection or compensation. Gig workers are not permanent employees, and their work is based on flexible and short-term assignments.

The absence of job security creates financial uncertainty and affects their livelihood. Therefore, legal reforms are necessary to ensure greater job security for gig workers.

The law should require transparent termination procedures, fair grievance redressal mechanisms, protection against arbitrary account deactivation, and access to legal remedies. Such measures would promote fairness, dignity, and stability in the gig economy.

4.Long working hours:

Many Gig workers work for extended hours without weekly holidays, adequate rest time without over time pay. So, it affects gig workers mental and physical health. Many gig workers compelled to work 10 to 14 hours per day to earn a reasonable income. Since earnings are usually completted by number of tasks, quality of performance and rating. Unlike regular employees, gig workers do not have limits on working hours, overtime wages, weekly holidays or paid leave. Therefore, there is a need for legal recognisation to safeguard to regulate working hours in the gig economy.

5.Health and Safety risk:

Delivery partners and ride handling drivers face challenges health and safety risk in the course of their work. They met the road accident, traffic, air pollution, physical fatigue and extreme climate change. The pressure to complete delivers within strict time limits, maintain high customer rating encourage workers to take risk and unfortunately the workers met with accident and injury. Gig workers inadequate health issues and safety risks. Long working hours, irregular meal times, and continuous physical exertion also contribute to health problems such as stress, anxiety, back pain, and other occupational illnesses. The absence of comprehensive workplace safety regulations further increases their vulnerability. Therefore, there is an urgent need to strengthen health and safety protections for gig workers.

6. Algorithmic Control:

These are only the examples of their challenges faced by gig workers. Thier faces many challenges in india. Platform companies such as Ola, Uber, Swiggy and Zomato allocate the work, determine the incentives, monitor the employee performance and rating for their work. Workers often have transparency regarding these decisions and cannot effectively challenge them.

7.Limited Access to Dispute Resolution:

Gig workers face challenges due to the limited access to dispute resolution. In traditional labour law, disputes are resolved between employees and employers. However, gig workers often cannot access these mechanisms because they are not legally recognised as employees. As a result, issues such as unfair termination, non-payment of wages, wrongful account deactivation and discrimination are difficult to resolve.

8.Income Instability:

Income instability faced major challenges by gig workers in india. Unlike regular employees who receive a fixed monthly salary, gig workers are generally paid on a per-task, per-delivery, or per-ride basis. Their earnings depend on factors such as customer demand, availability of work, incentives offered by digital platforms, and platform algorithms. As a result, their income is often irregular and unpredictable. The absence of income instability for gig workers.

CASE LAW:

INDIAN FEDERATION OF APP -BASED TRANSPORT WORKERS[IFAT] V. UOI [2021] WP NO:1068 OF 2021[2]

The facts of the case is the Indian Federation of App-based Transport Workers (IFAT) v. Union of India based writ petition under Article 32 of the Constitution of India. App-based workers filed a petition for not receiving adequate labour protection and social security. The case remains pending before the Supreme Court.

UBER BV V. ASLAM [2021] UKSC 5[3]

The supreme court dismissed uber’s appeal. Extended labour law protections, including minimum wage and paid leave, to gig workers.

Established that the actual nature of the working relationship is more important than the contractual label used by the platform.

This decision has become a leading international precedent supporting legal recognition and labour rights for gig workers.

NEED FOR LEGAL RECOGNITION:

In the gig economy create the employment opportunities in short term and flexible time working hours. The traditional labour laws created for the labour. There is more lack for the gig workers like inadequate labour rights, limited social security etc.

Firstly, legal recognition for ensure for gig workers receive basic labour rights. Secondly, legal recognition for ensure the provide social security needs. Thirdly, gig workers under labour laws would create for large platform companies. Legal recognition is essential to protect the rights and liabilities of gig workers.

Gig workers need a legal recognition under labour rights in india.

CONCLUSION:

In the internet era, millions of workers worked in companis like uber, ola blinkit, zomato, swiggy etc… they created the flexible work employment. These platforms connect directly to customes through internet. Despite in rapid growth of gig economy, they face lots of challenges like minimum wages, insurance, job security, paid leave, social security etc… they faced numerous legal, economic and social problems. The facts of the case is the Indian Federation of App-based Transport Workers (IFAT) v. Union of India based writ petition under Article 32 of the Constitution of India. App-based workers filed a petition for not receiving adequate labour protection and social security. The absence of comprehensive workplace safety regulations further increases their vulnerability. Therefore, there is an urgent need to strengthen health and safety protections for gig workers. This article examines the gig economy create the employment opportunities in short term and flexible time working hours. The traditional labour laws created for the labour. There is more lack for the gig workers like inadequate labour rights, limited social security etc.

REFERENCE(S):

1.The Constitution of India, 1950.

2.The Code on Social Security, 2020 (Act No. 36 of 2020).

3.NITI Aayog. (2022). India’s Booming Gig and Platform Economy: Perspectives and Recommendations on the Future of Work.

4.Uber BV and Others v Aslam and Others [2021] UKSC 5.

5.Indian Federation of App-Based Transport Workers (IFAT) v. Union of India, Writ Petition (Civil) No. 1068 of 2021, Supreme Court of India (pending).

[1] https://www.pib.gov.in

[2] WP NO:1068 OF 2021[2]

[3] UKSC 5