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A Critical Evaluation Of Aggregator Obligations And Social Security Funding For Gig And Platform Workers Under The Code On Social Security, 2020




Vishnu Prasath V S., B.A LL.B. (Hons.), School of Law, Dhanalakshmi Srinivasan University, Tiruchirappalli.


ABSTRACT


The rapid spread of the gig and platform economy has fundamentally unsettled how we think about work and its legal protections. By replacing the conventional employer-employee relationship with an algorithmic architecture of so-called 'independent contractors' and 'partners,' platform companies have, for years, found ways to sidestep statutory welfare obligations. The Indian Parliament's response the Code on Social Security, 2020 (CoSS) marks a watershed moment: for the first time, gig and platform workers receive legal recognition and prospective social security entitlements. Yet recognition alone does not guarantee protection. This article critically examines the substantive obligations the Code imposes on aggregators and asks whether the financial architecture of the proposed Social Security Fund is genuinely viable. By scrutinising the statutory cap on aggregator contributions, the bureaucratic hurdles around worker registration, and the persistent ambiguity surrounding the employment relationship, this paper argues that while the CoSS lays a necessary foundation, its current funding calculus and administrative design risk leaving platform workers in continued precarity.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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