When The Gig Is Up: Protecting Gig Workers' Rights In Corporate Insolvencies
- IJLLR Journal
- 2 days ago
- 1 min read
Ms. Aaryaa Shinge, B.A. LL.B., Government Law College, Mumbai
ABSTRACT
The gig economy has rapidly embedded itself in India’s urban and semi- urban landscapes, absorbing underutilised labour and creating opportunities for workers with limited formal skills. While quick commerce platforms have expanded access to income and operate within a legal grey space which excludes gig workers from traditional labour protections. This exclusion becomes particularly acute in cases of corporate insolvency, where gig workers classified as “partners” or independent contractors are denied preferential claims available to employees under the Insolvency and Bankruptcy Code, 2016. As a result, thousands risk losing livelihoods without recourse to unpaid dues or severance benefits when platforms collapse. The article explores the vulnerabilities faced by gig workers in insolvency proceedings, examining gaps in the IBC alongside structural inequities in the platform model. Ultimately, the protection of gig workers in corporate insolvencies is not only a matter of economic justice but also of constitutional rights under Articles 14 and 21. Meaningful reform must balance worker security with platform sustainability, fostering a resilient and equitable gig economy in India.
