Social Security For Platform Workers In India: Evaluating The Implementation Gap Under The Code On Social Security, 2020
- IJLLR Journal
- Apr 28
- 2 min read
Poorvi Sood, NMIMS, Kirit P Mehta School of Law, Mumbai.
ABSTRACT
The enactment of the four Labour Codes between 2019 and 2020 marks a significant shift in the labour law regime in India. Aimed at consolidating and rationalising the existing fragmented legislation of more than 29 central legislations, the proposed codes are intended to be a simplified, modern and efficient system that will balance the ease of doing business with appropriate safeguards and protection to workers. This paper analyses the challenges in the implementation of the provisions related to the social security of platform workers in India through the Code on Social Security, 2020 as part of a wider reform of the labour laws. The paper argues that despite the progressive and inclusive objectives of the Code on Social Security, 2020, which formally recognises gig and platform workers and includes them in the ambit of social security, the implementation of these provisions shows a large gap between the legal promises and ground realities. The paper discusses some of the provisions related to the registration of platforms, the implementation of welfare schemes and the contribution of aggregators towards social security benefits. It furthermore examines the challenges in implementing these provisions and argues that due to delayed rule- making, inefficiencies in implementing agencies and the lack of clarity on the funding of social welfare schemes, the provision for universal social security is unlikely to be achieved without a robust implementation mechanism. The paper also discusses the lack of coordination between the Centre and state governments, which further hampers efficient implementation, it also discusses other challenges, faced by platform workers, which the code does not address. Therefore, this paper situates the discussions on contemporary labour law reforms and the future of work in the Indian context.
Keywords: Platform Workers, Gig Economy, Code on Social Security 2020, Implementation Gap, Labour Law Reform.
