Gig Workers: In Search Of Justice From The Indian Judiciary
- IJLLR Journal
- May 30
- 4 min read
Ms Avilya. A, LL.M., Department of Law, Central University of Tamil Nadu, Thiruvarur, Tamil Nadu.
ABSTRACT
The plethora of legislations has been enacted in India for maintaining welfare, social order and security of the labour force. Due to the emerging trends and modernization in the global level, the traditional employer- employee relationship is now being reduced. The Fourth Industrial revolution in the world gave rise to the Gig Economy. Ms Avilya. A, LL.M., Department of Law, Central University of Tamil Nadu, Thiruvarur, Tamil Nadu. The recent phase of digitalisation in the global South, reflected in the widespread adoption of Internet and smart-phone technologies, has given rise to an emergent gig economy that employs tens of millions of workers across its diverse urban centres. The gig economy, characterized by short-term contracts, freelance work, and on-demand tasks, has witnessed the rapid growth in recent years, reshaping the way people work and earn a living. Gig work are more like many jobs in delivery, home services, food & beverages, e-commerce emerged which were temporary in nature, contractual or part time and apt for freelancers and people looking for short term assignments. These employees called gig workers have become a part of developing India and are contributing in an immense manner to the gig economy. India is the fifth largest country in terms of gig workers. The gig populace is partly attracted by the youth and partly by the middle and old-aged persons. In India, The vast majority of gig workers, Unorganised Workers and Platform workers fall under unorganised sector and accepting gig workers as “employees” remains controversial and also face quite more issues. The stigma of the gig workers is evident and which need to be informed and reformed.
The preamble of the Indian Constitution assures the democratic way of living and every Indian citizen is entitled to receive fundamental rights which are guaranteed under the Constitution of India. To protect the dignity of workers’ and the need for protecting the interest of labour as human beings has been enshrined in the Articles 16,19,23,24,39,41,42,43, and 43A keeping in line with the Fundamental rights and Directive Principles of State Policy. The state shall ensure the adequate working conditions to the workers in any form of labour work done. The Supreme Court of India is known as the Guardian of the Indian Constitution. The basic fundamental rights which also includes the Right to Work and Livelihood on decent conditions of work under the Article 21. Denial of the social security to the “gig workers” and the “platform workers” is an affront to the workers' right to life and the right against forced labour that are secured by Articles 14, 21 and 23 of the Constitution of India.
The Indian Ministry of Labour and Employment established the New Four Labour Code for New India which is considered to be the Biggest Labour Reforms in Independent India but it has Contemporary issues in the legislation and enforcement. For the maiden time in the code on Social Security, 2020 recognised ‘gig workers’ and ‘platform workers’ as ‘unorganised workers’. But at present the unorganised workers are not entitled to any benefit under the social welfare legislations. The researcher through this paper would like determine the ambiguity in chapter IX of Code on social Security, 2020 which potentially leaves significant portion of the workers vulnerable and also many other provisions in Unorganised Workers’ Social Security Act, 2008 dealing with social security of gig workers and unorganised workers. NITI AAYOG report which was established in 2022 “India’s Booming gig and Platform economy” has provided the perspectives and recommendations of the future work of gig economy and it included challenges, characteristics, opportunities, barriers and so on. But, the report does not include anything about the cases so far filed by the workers for the violation of fundamental rights and role of the judiciary in deciding the cases.
Therefore, the research is primarily doctrinal and the researcher in this first part paper analyse the nature of the work and present scenario gig workers in India. The second part of the paper clearly put forward the Constitutional guarantees and discusses the lacunae in the legislation and the enforcement of new labour codes in respective of gig workers, unorganised workers and platform workers. The gig workers face many violations and currently striving hard for their livelihood. In order to get rid of the disastrous reforms happening to them, they seek the court to ensure their own fundamental rights under the Constitution of India. So, The third part of the paper deals with the role of courts in emerging issues of gig workers’ rights and filing the lacunae in legislation by the Judiciary and also criticise with the help of decided cases such as Daily Rated casual Labour vs. Union of India, The Indian Federation of App-Based Transport Workers (IFAT) vs. Union of India, Kavitha S. Sharma vs. Uber India, Uber India System Private Limited vs. Union of India, Ayantika Mondal vs. State of Karnataka. The researcher feels it is significant to look into the role of the courts in the contemporary issues regarding gig workers’ rights. Because Gig economy provides major part to the Gross Domestic Product of our country and so said major economic contributors’ rights are violated and the judiciary cannot keep its eye out of the subject matter. If done, the raising spirit and the demand for gig economy may be decreased. The paper in the end provides findings and suggestions through this research for the better resolution in the matters dealing with gig economy and the workers’ rights.
Keywords: Gig workers, gig economy, unorganised workers, social order, employee, right to livelihood, Labour Codes.
