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Globalization And The Gig Economy In India: Labour Justice In The Age Of Digital Platforms




Sanjita Das, Tamil Nadu National Law University, Tiruchirappalli.


ABSTRACT


The rapid globalization of digital platforms has disrupted labour markets across the globe and established the gig economy as a prevailing and dominant model of work. In India, the disruption is more significant because of the country’s demographic profile, the depth of technological penetration, and rising levels of unemployment. The gig economy has created additional, and flexible low-barrier opportunities to work across multiple industries (namely from ride-hailing services, food delivery, commercial services etc.) but has as much introduced significant challenges in the area of labour justice. Insufficient contracts, algorithmic control, lack of collective bargaining, and exclusion from traditional social securities have become defining features of individuals who work in the gig economy. The primary tension lies with the ambiguities associated with the difference between “employee” and “independent contractor,” an ambiguity which allows platforms to evade any obligations under labour laws. The Code on Social Security, 2020 was passed to legally recognize gig and platform workers, but issues remain in securing protections. This paper considers and critiques the relationship between globalization and the emergence of the gig economy in India, its implications on labour rights, the legal ambiguity associated with the gig economy, and any socio-economic vulnerabilities that exist. It also draws comparative insights on the framing of gig work from other international jurisdictions like the United Kingdom and the European Union, which have seen an increasing number of courts and politicians framing gig workers as employees entitled to employee benefits. Ultimately, the paper argues that safeguarding labour justice in the age of digital platforms requires a hybrid regulatory framework balancing innovation and efficiency with the constitutional mandate of social and economic justice for India’s workforce.


Keywords: Gig economy, globalization, labour justice, platform workers, digital platforms, employment law, India.



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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