Legal Status And Labour Rights Of Gig Workers In India: Need For Reform
- IJLLR Journal
- 2 hours ago
- 2 min read
D.M. Salai Siva Keerthana, Assistant Professor in GTN Law College, Dindigul.
ABSTRACT
The rapid expansion of the digital economy has significantly transformed traditional labour markets, giving rise to a new form of employment commonly referred to as gig work. In India, digital labour platforms operated by companies such as Uber, Ola, Swiggy and Zomato have created flexible income opportunities for millions of workers. However, the legal status of gig workers remains uncertain within the existing labour law framework. Unlike traditional employees, gig workers are generally classified as independent contractors, which limits their access to essential labour protections such as minimum wages, social security, health insurance and collective bargaining rights. This research paper critically examines the legal position of gig workers in India and evaluates the adequacy of the current regulatory framework in safeguarding their labour rights. Particular attention is given to the recognition of gig and platform workers under the Code on Social Security, 2020, which represents one of the first legislative attempts to extend social security benefits to this category of workers. Despite this development, several regulatory gaps remain regarding employment classification, welfare benefits and enforcement mechanisms. The paper further explores the key challenges faced by gig workers, including income instability, algorithmic control by digital platforms and the absence of effective grievance redressal mechanisms. By analysing existing laws, policy developments and comparative international approaches, the study highlights the urgent need for comprehensive legal reforms to ensure fair working conditions and social protection for gig workers in India. The paper concludes by proposing policy recommendations aimed at strengthening labour rights and promoting a balanced regulatory framework that accommodates both technological innovation and worker welfare.
Keywords: Gig Economy, Platform Workers, Labour Rights, Social Security, Digital Labour Platforms.
