Evolving Jurisprudence Of Social Security For Gig Workers In India
- IJLLR Journal
- Oct 9
- 1 min read
Dinkar Pandey, Research Scholar, DSMNRU, Lucknow
Prof. (Dr.) Shephali Yadav, Dean/HoD, Faculty of Law, DSMNRU, Lucknow
ABSTRACT
Social Security is a dynamic concept that takes different shapes in different countries, and there is no universal definition of it. The definition given by the ILO is widely accepted, that is, schemes designed to provide citizens with benefits that can support them in sickness, maternity, and employment insecurities. Indian Constitution through Part IV i.e. DPSP obligates the government to provide social security, but with the advent of technology, modern economies are undergoing changes that allow workers to do freelancing work, which also increases the trend of the gig economy, which includes work on a project-to-project basis. This paper will discuss the evolving jurisprudence of giving social security to these workers with reference to controversy regarding employer -employee relationship in the IFAT v. Union of India case whose final judgment has yet not been delivered and the recent legislation passed i.e. Code on Social Security, 2020 where the term gig worker, platform worker was defined. This paper will also discuss the recent state laws or bills passed by the Rajasthan and Karnataka government for the registration of gig worker so that there is seamless transfer of benefits to these workers and also the government schemes, and platform’s initiative in providing social security and finally the paper ends with the loopholes/ challenges in the legislative framework regarding social security to be given to these workers and the concluding remark.
Keywords: Gig workers, Aggregator, Social Security, Welfare Board, International labour organization.
