India’s refusal to uphold a global gig work law, Pg7

Key Highlights:

• The International Labour Conference adopted Convention No. 193, 'Decent Work in the Platform Economy', in Geneva on June 12.
• This is the first binding international treaty specifically for platform workers, covering rights like minimum pay and social security.
• India abstained from the vote, while its employer and worker delegates voted in favour.
• The Convention also addresses algorithmic management, requiring disclosure of automated decisions and human oversight.
• India's gig workforce is projected to grow to 2.35 crore by 2029-30, representing about 6.7% of the non-agricultural workforce.

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Detailed Insights:

• Convention No. 193 aims to extend a floor of rights to platform workers, regardless of their classification by companies.
• Core protections under the Convention include statutory or negotiated minimum pay, on-time payment, occupational safety and health, and social security.
• Article 9 of the Convention mandates governments to classify workers correctly, based on the facts relating to the performance of work.
• India's Code on Social Security, 2020, defines "gig worker" and "platform worker" and directs aggregators to contribute to a social security fund.
• However, the Code on Social Security, 2020, lacks specific details on the nature, quantum, or eligibility of benefits, and its contribution mechanism remains largely un-operationalised.
• States like Rajasthan have enacted the Platform-Based Gig Workers Act of 2023, and Karnataka and Telangana have drafted welfare boards for gig workers.
• India is a founding member of the International Labour Organization (ILO) and has ratified six of the eight core conventions, but not Convention No. 87 (Freedom of Association) or Convention No. 98 (Right to Organise and Collective Bargaining).
• India's abstention is seen as a consistent policy of endorsing principles but withholding obligations until national law is in full conformity.

Key Concepts Involved:

• International Labour Organization (ILO): A United Nations agency that sets international labour standards and promotes social protection and work opportunities.
• Convention No. 193: The first binding international treaty specifically designed to ensure decent work conditions for platform economy workers.
• Gig Worker: An individual who performs work for pay on a task-by-task or project-by-project basis, often through digital platforms.
• Platform Worker: A type of gig worker who uses digital platforms to connect with clients and perform services, such as ride-sharing or food delivery.
• Code on Social Security, 2020: One of India's four labour codes, which includes provisions for social security for gig and platform workers.
• Tripartite System: The ILO's unique governance structure involving representatives from governments, employers, and workers in its decision-making processes.