Criminal Liability Of Corporations For Labour Exploitation In The Gig And Platform Economy: A Socio-Legal Analysis In India
D. M. Salai Siva Keerthana, Assistant Professor in GTN Law College, Dindigul
G J Annie Beulet Mary, Assistant Professor in GTN Law College, Dindigul
N. Sudalai Muthu, Vice Principal in GTN Law College, Dindigul
ABSTRACT
The rapid expansion of the gig and platform economy has transformed traditional labour relationships, creating new opportunities for flexible employment while simultaneously exposing workers to significant vulnerabilities. In India, digital platforms such as Uber and Swiggy operate on business models that classify workers as independent contractors, thereby limiting the applicability of conventional labour protections. This paper critically examines the issue of labour exploitation within the gig economy through the lens of corporate criminal liability, with a particular focus on the evolving framework under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023. It explores whether exploitative practices such as wage suppression, unsafe working conditions and algorithmic control can attract criminal liability for corporations and their managerial personnel. The study adopts a socio-legal approach to analyse the intersection of labour law, business law and criminal law in addressing gig worker exploitation. It highlights the challenges in establishing an employer–employee relationship, the difficulties in attributing mens rea to corporate entities and the evidentiary complexities associated with digital platforms. The paper further evaluates the adequacy of existing labour protections under the Code on Social Security, 2020 and identifies critical gaps in enforcement mechanisms. By drawing on comparative perspectives and emerging judicial trends, the study argues for a more integrated legal framework that strengthens accountability and ensures effective protection of gig workers. It concludes by proposing reforms aimed at aligning corporate practices with constitutional values of dignity, equality and social justice in the digital economy.
Keywords: Gig Economy; Corporate Criminal Liability; Labour Exploitation; Platform Workers; Digital Evidence.
