Gig Economy and Labour Rights in India: Legal Recognition and Challenges

Introduction

India is witnessing a seismic shift in the nature of employment, propelled by the digital revolution and the emergence of platform-based work structures. The gig economy, once viewed as a supplementary source of income, has now grown into a major component of India’s labour force. Whether it’s a Zomato delivery executive braving city traffic, an Uber driver working odd hours, or a freelance designer crafting logos for startups, gig workers have become indispensable in the modern economy.

Despite their growing contribution to GDP and employment, gig workers in India remain legally marginalised and socially vulnerable. Their labour often exists in a grey area of legal ambiguity, lacking social security, job protection, or recognition under traditional labour frameworks. This blog explores the concept of the gig economy in India, analyses its current legal recognition, examines the challenges faced by these workers, and offers a roadmap for reform.

 
 

The Rise of the Gig Economy in India

The term gig economy refers to a labour market characterised by short-term contracts, freelance work, and flexible working arrangements, as opposed to full-time, permanent jobs. In India, this phenomenon is driven by several socio-economic and technological factors:

Rapid urbanisation and the demand for on-demand services.
Increased internet penetration and widespread smartphone usage.
The expansion of digital platforms such as Uber, Swiggy, Dunzo, Amazon Mechanical Turk, and UrbanClap.
A young and adaptive workforce that values flexibility over job permanency.

According to a NITI Aayog report published in 2022, India had approximately 7.7 million gig workers in 2020-21. This number is projected to grow to 23.5 million by 2029-30, accounting for nearly 4% of the total workforce. However, this rapid expansion has not been matched by legal and institutional reforms to protect these workers.

 
 

Legal Framework: A First Step but Not Enough

Until recently, gig and platform workers were entirely outside the scope of Indian labour law. However, the enactment of the Code on Social Security, 2020 brought a paradigm shift. It became the first Indian legislation to formally recognise gig and platform workers.

The law defines:

Gig workers as individuals engaged in income-earning activities outside of traditional employer-employee relationships.
Platform workers as those employed by digital platforms for algorithmically assigned tasks (such as delivery, driving, etc.).

While this recognition is a crucial first step, it falls short of offering full protection. The Code proposes social security schemes, such as health insurance, disability cover, maternity benefits, and provident fund access for gig workers. However, these benefits are not yet operationalised, and much depends on the government’s notification of schemes and contributions by digital platforms. Most crucially, gig workers are not recognised as “employees”, which means they are still excluded from rights like minimum wages, collective bargaining, and protection against unfair dismissal.

 
 

Challenges Faced by Gig Workers in India

Despite their increasing economic relevance, gig workers face multiple vulnerabilities:

1. Absence of Employment Status: Most platforms treat gig workers as “independent contractors” rather than employees, avoiding legal obligations such as ESI, PF, or paid leave. This enables companies to reduce costs but strips workers of crucial protections.
2. Lack of Income Security: Gig workers’ earnings are inconsistent and depend heavily on market demand, platform algorithms, and working hours. There is no guarantee of a minimum wage, and many workers end up working long hours just to make a basic livelihood.
3. Precarious Working Conditions: Delivery riders and cab drivers are exposed to physical risks, traffic accidents, and health issues. They often bear their own expenses for fuel, maintenance, and mobile data.
4. Algorithmic Exploitation: Work allocation, incentives, and even penalties are decided by algorithms that are not transparent. Workers have no control over how they are rated or why they may be deactivated from the platform.
5. No Representation or Voice: The dispersed and digital nature of gig work makes it difficult to unionise or form collectives. This denies them a collective voice in negotiations over working conditions or disputes.
6. Gender-Based Concerns: Women gig workers face additional barriers like safety issues, lack of maternity support, and gender-based wage disparity.
 
 

Global Legal Trends: Can India Learn?

India is not alone in grappling with the regulation of gig work. Many countries are ahead in rethinking this model:

In the United Kingdom, the Supreme Court in Uber BV v. Aslam (2021) ruled that Uber drivers are “workers” and are therefore entitled to minimum wage and paid leave.
In California, USA, Assembly Bill 5 (2019) mandates that gig workers be treated as employees unless specific criteria are met.
The European Union proposed a directive in 2021 that would presume employment status for platform workers unless proven otherwise by the employer.

These global examples show that it is possible to protect workers without stifling innovation.

 
 

India’s Emerging Policy Initiatives

Some positive developments are underway in India. For instance:

The Rajasthan Platform-Based Gig Workers (Welfare) Bill, 2023 is a pioneering step. It mandates the creation of a welfare board, a dedicated fund for gig workers, and platform contributions based on turnover.
The central government has launched the e-Shram portalto register unorganised and gig workers, linking them to welfare schemes.
Some private platforms, like Urban Company, have started offering accident insurance to their service partners.

Yet, these efforts are fragmented and need to be scaled up with stronger enforcement mechanisms.

 
 

Recommendations and Way Forward

For meaningful reform, India needs a comprehensive legal and institutional framework that balances the flexibility of gig work with the fundamental rights of workers. Key recommendations include:

Redefining the term “worker” under Indian labour laws to include gig and platform workers.
Ensuring minimum wage guarantees and income support through mandatory contributions from aggregators.
Introducing grievance redressal mechanisms and independent tribunals to address disputes.
Mandating transparency in algorithmic decisionsregarding ratings, pay, and deactivation.
Encouraging unionisation or cooperatives for gig workers to bargain collectively.
Gender-sensitive policies and maternity support schemes for women gig workers.
 
 

Conclusion

India’s gig economy reflects the promise and perils of a digitised, flexible future of work. While it creates opportunities for millions, it also risks institutionalising a class of “invisible workers” — essential, yet deprived of rights. Laws like the Social Security Code are a beginning, but much more is needed to ensure that India’s growth story includes those who deliver it — quite literally.

The way forward lies in a worker-centric model of digital employment that ensures fairness, dignity, and economic security for all. Recognising gig workers not just as tools of convenience but as human contributors is not merely an ethical imperative — it is vital for India’s sustainable and inclusive growth.

 
 

References

1. The Code on Social Security, 2020 – Ministry of Labour and Employment, Government of India
2. NITI Aayog Report – “India’s Booming Gig and Platform Economy,” June 2022
3. Uber BV v. Aslam [2021] UKSC 5
4. ILO Report – “Digital Labour Platforms and the Future of Work” (2021)
5. Economic & Political Weekly – Articles on Informal Sector and Platform Labour
6. The Rajasthan Platform-Based Gig Workers (Welfare) Bill, 2023
7. SEWA Bharat – Research on Women in Informal Economy
 
By… 
Ranveer Raj
 

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