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A Legal Analysis Of Gig Workers’ Rights In India In The Context Of A Globalized Economy




Shubham Upadhaya, LLM (Business Law), Shoolini University Faculty of Legal Sciences, Solan

Poonam Bala, Assistant Professor, Political Science, Himachal Institute of Legal Studies Shahpur, (HP)


ABSTRACT


The spread of gig and platform work across India has created more sources of income as well as exposing the workers to massive insecurity. With no minimum wages, social security cover, group rights, or any form of protection, the delivery riders, drivers, and even service providers usually work long hours. Despite the declarations provided by the legislation like the Code on Social Security 2020, its application in real life has been minimal. This paper is a critical analysis of attempts by the courts, states and international precedents to deal with these problems. The paper goes on to show that reform is possible and needed through a comparison between the experience of India and that of other countries. The hypothesis of the central thesis is that India needs to shift to a less authoritarian yet more equitable regulatory framework, by creating a new type of law, level, the mandatory aspect of welfare, and strengthening restrictions. Without such reforms, millions of gig workers will continue to be in a legal grey zone, without labor protection.


Keywords: Gig Economy, Platform Workers, Social Security Law, Labour Rights, Digital Labour Platform



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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Licensing: 

 

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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