Gig and Platform worker’s rights
Why in news:
- On September 20, 2021, the Indian Federation of Appbased Transport Workers, on behalf of gig workers, filed a public interest litigation in the Supreme Court demanding that the Union government provide support to workers affected by the pandemic.
- The petition has asked for ‘gig workers’ and ‘platform workers’ to be declared as unorganised workers so they come under the purview of the Unorganised Workers Social Security Act, 2008.
- On January 20, foodtech delivery platform Swiggy announced that it was laying off 380 employees due to challenging macroeconomic conditions.
Changes brought in Code on Social Security, 2020:
In an attempt to incorporate the doctrine of universalisation of social security, the gig workers are brought into the ambit of the labour laws for the first time, with the provision of some welfare measures under the Code on Social Security, 2020.
India’s Gig economy:
- Under India’s employment law regime, workers may be broadly classified as: employees; contractual workers ie, contract labour and inter-state migrant workers; and workers employed in the unorganised labour economy.
- As per this NITI Aayog report, more than 7.7 million workers were engaged in the gig economy from 2020 to 2021. It is estimated to have 23.5 million gig workers or around 4.1 per cent of the total livelihood in the country.
Who is a ‘gig worker’ and what is meant by ‘platform work’?
- The Code defines a gig worker as ‘a person who performs work or participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship’.
- Platform work is defined as ‘a work arrangement outside of a traditional employer-employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment’.
- The code provided the framing of suitable social security schemes for gig workers and platform workers on matters relating to life and disability cover, accident insurance, health and maternity benefits, old age protection etc.
- It also provides fund for gig workers.
- The gig aggregators have to contribute 1 to 2 per cent of their annual turnover and it will be subjected to the limit of 5 per cent of the amount paid or payable by an aggregator to gig workers.
- To get the direct access to government services and benefits, the gig workers can register themselves in the e-Shram portal.
Syllabus: Prelims + Mains; GS3 – Indian Economy
