Legal Protection For Women In The Gig Economy
- IJLLR Journal
- Apr 25
- 2 min read
Anushka Goyal & Vedika Agrawal
ABSTRACT
The rapid expansion of the gig economy has fundamentally transformed traditional employment structures by introducing flexible, platforms- based work arrangements that rely on independent contractors rather than formal employer-employee’s relationships. While this shift has created new income- generating opportunities, especially for women seeking flexible schedules, it has also exposed them to significant legal, social and economic vulnerabilities. This paper examines the conditions of women in the gig economy with a specific focus on the inadequacy of legal protections available to them in India. Women gig workers frequently face challenges such as unequal pay, job insecurity, lack of maternity benefits, absence of health insurance and limited access to grievance redressal mechanisms. These issues are further compounded by gender-based discrimination, sexual harassment, algorithmic bias and social prejudices related to caste, religion and appearance. This study highlights the significance of the code on Social Security 2020, which marks an important step towards recognizing gig and platform workers within India’s legal framework. However, despite this progress, the implementation remains limited and fails to adequately address gender specific concerns faced by women gig workers. The paper also examines the challenges in applying existing law such as Preventive of Sexual Harassment Act 2013, due to the absence of a clear employer- employee relationship in gig work. It further draws comparative insights from countries like the UK and the USA, where evolving legal frameworks attempt to extend protections to gig workers through better classification, social security measures and anti-discrimination law. The study concludes by emphasizing the urgent need for comprehensive legal reforms in India, including clearer employment classification, strong enforcement mechanisms, fair wage policies and effective grievance redressal system to ensure dignity, safety and equality for women in the gig economy.
Keywords: Unfair Practices, Independent Contractors, Employees, maternity benefits.
