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Gig Work And Labour Law In India: From Recognition To Protection




Bhavanya E K & Divyasri P, Dhanalakshmi Srinivasan University


ABSTRACT


The gig economy has reshaped labour relations in India by creating flexible, platform-based work in sectors such as ride-hailing, food delivery, and quick commerce. While these platforms describe workers as independent contractors or “partners” they exercise significant control through algorithms that determine task allocation, ratings, incentives, earnings, and deactivation. This creates a serious legal contradiction: workers remain outside traditional employment protection, even though platforms control the essential conditions of their work.


The Code on Social Security, 2020 formally recognises gig workers and platform workers, but this recognition has not yet translated into enforceable rights such as minimum wages, occupational safety, accident compensation, or protection from arbitrary termination. The risks are especially visible in fast-delivery models, where time-bound incentives can expose workers to unsafe road conditions. This paper argues that India must move beyond a welfare-based approach and adopt a rights-based framework grounded in worker classification, algorithmic accountability, safety protection, and meaningful social security.


Keywords: Gig workers • Platform work • Labour law • Code on Social Security, 2020 • Algorithmic management • Fast delivery • Occupational safety • Social security • Worker classification.



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.

 

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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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