On December 31, a strike involving approximately one lakh gig workers occurred across India.
The Labour Ministry released draft rules for public consultation to implement refreshed labour codes.
The new rules focus on social security for gig workers but exclude them from wage and working condition protections.
Platforms are obligated to contribute to a social security fund, but algorithmic rate cuts and incentive structures remain unaddressed.
Detailed Insights:
The Code on Wages excludes gig work from traditional employment, treating it distinctly and limiting platform obligations.
OSH&WC (Central) Rules rely on employer compliance via the Shram Suvidha Portal, which doesn't address app-mediated work concerns.
Gig workers must register on a portal, and aggregators must upload worker details quarterly, with a minimum engagement of 90 days with one aggregator or 120 days across multiple aggregators annually.
The draft Rules need redesign to ensure accessible and secure social security, including protections for illness, maternity, and demand collapses.
Rules should specify benefits, dispute resolution, minimum Social Security Fund support, and a time-bound claims process.
Aggregators should provide workers with periodic statements of jobs, hours, earnings, and deductions, with a mechanism to contest irregular data.
Key Concepts Involved:
Gig Workers: Individuals who perform short-term tasks or services facilitated by digital platforms.
Social Security Fund: A fund designed to provide financial protection and benefits to workers, especially in old age, disability, or unemployment.
Aggregators: Companies or platforms that bring together various service providers or workers to offer services to customers.