Between Flexibility And Exploitation: Legal Challenges In India’s Gig Work Regime
- IJLLR Journal
- Apr 28
- 2 min read
Suhani Rai, Christ University
ABSTRACT
Rapid technological development, increased use of digital technology, and a growing need for various types of work have driven the growth of the gig/platform economy in India over the past couple of years. The estimated number of gig workers currently stands at about 10 million, up from 7.7 million in 2020-21, and is projected to reach 23.5 million by 2029-30. Despite this growth, workers engaged in ride-hailing, food delivery, and home-based services are not recognized as traditional employees. They are typically paid on a per-task basis and remain largely outside the scope of established labor law protections. This paper examines the extent to which Indian labor laws, particularly the Code on Social Security, 2020, recognize and protect gig workers. In addition, it identifies important gaps in the legal and regulatory system. The main argument is that the current law is deficient because it fails to provide sufficient clarity on the employment status of gig workers, leaving them with very limited legal protections. Using current statistics, policy reports, and recent legal rulings, this research will explore the issues of platform control of workers, harassment in the workplace, discrimination based on sex, and the absence of adequate complaint systems in cases of abuse. A comparison is not only made among the laws of the United Kingdom, the European Union, and the United States, but also offers recommendations on how India can further develop its gig economy. The results of this research show that although the legal and policy frameworks in India have begun to extend social security protections for gig workers, they are not fully functional and are unable to adequately protect gig workers from algorithmic bias or exploitation, particularly through the use of algorithms and leading platforms to determine their income and other factors. The conclusion of this paper recommends the Algorithmic and Economic Dependency (AED) Test to recognize gig workers, a mixed-method approach to legal oversight of gig workers, and flexibility & fairness. These include: Recognizing gig workers as legal entities by enacting a specific statute, not just defining who they are; Providing greater transparency into how platforms operate, especially regarding the computer-generated algorithms; Enforcing stronger anti-harassment protections for female workers under POSH; Building social safety net programs that include gig workers.
Keywords: Gig economy, platform work, social security, algorithmic management, harassment in the workplace, grievance mechanism.
