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Impact Of The 2024 Labour Code Amendments On Gig Economy Workers: Analysing The Code On Social Security, 2020, Platform Worker Protections, And The 2023 Karnataka High Court Ruling




Kalla Jagadeeswara Reddy, B.A. LL.B. (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore


ABSTRACT


The rapid expansion of India's gig economy — encompassing platform workers employed by aggregators such as Uber, Ola, Swiggy, and Zomato — has exposed a profound regulatory vacuum at the intersection of labour law and the digital marketplace. The Code on Social Security, 2020, and the associated 2024 draft notifications represent India's most consequential legislative attempt to extend social security protections to this previously excluded workforce, estimated at 7.7 million workers by NITI Aayog. This paper critically examines the substantive provisions of the 2024 notifications, with particular focus on the gig and platform worker welfare fund mechanism, employer contribution obligations, and the definitional frameworks that determine coverage. It situates these amendments within the broader context of the four Labour Codes consolidation project and evaluates their practical enforceability. Central to the analysis is the landmark 2023 Karnataka High Court ruling, which, though decided in a narrower context, has significantly influenced judicial thinking on the employment status of app-based workers. The paper argues that while the 2024 notifications mark a normative breakthrough, structural ambiguities in the definition of 'aggregator', the voluntariness of worker registration, and the absence of dispute resolution machinery substantially undermine their transformative potential. The paper concludes with comparative observations from the United Kingdom and the European Union, and policy recommendations directed at the legislature, tribunals, and platform companies.


Keywords: Gig Economy, Karnataka HC, Labour Codes, Platform Workers, Social Security.



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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