LONG ARTICLE – BEYOND THE GIG: REFORMING SOCIAL SECURITY AND LABOUR LAWS FOR INDIA’S PLATFORM WORKERS

This long article is written by Ravichandra Iti, a IV B.A.LL.B Student of KLE Law College Bengaluru.
Abstract
The rise of the gig economy in India has redefined traditional employment structures, creating opportunities for flexible work while also raising serious concerns about job security, wage stability, and social protection. Unlike regular employees, gig workers are classified as “independent contractors”, excluding them from conventional labour law protections related to minimum wages, health benefits, insurance, and retirement security. This legal ambiguity has led to significant vulnerabilities, particularly for workers engaged in ride-hailing, food delivery, and digital freelancing. This research critically examines India’s evolving labour law framework, with a particular focus on the Code on Social Security, 2020, which attempts to incorporate gig and platform workers into the social security net. The study evaluates the effectiveness, limitations, and enforcement challenges of this legislation in providing universal access to essential protections such as provident funds, gratuity, health insurance, and pension schemes. Furthermore, this paper explores the role of digital platforms as potential contributors to social security mechanisms, addressing the ongoing debate about whether platform companies should be legally required to contribute to social security funds for their workforce. It investigates the comparative legal approaches in other countries, such to draw insights for strengthening India’s regulatory approach.
The study also emphasizes the importance of collective bargaining rights, the role of trade unions, and potential judicial interventions in securing fair treatment and social protection for gig workers in India. By highlighting the gaps, opportunities, and future directions for labour law reforms in the gig economy, this research contributes to the ongoing discourse on worker rights, fair labour practices, and the future of social security in India’s digital workforce.
Keywords– Gig Economy, Platform Workers, Social Security Code 2020, Wage Security, Employment Classification, Social Protection Policies, Labour Rights in Digital Economy, Hybrid Regulatory Model, Worker Welfare Schemes, Implementation Challenges, Labour Market Reforms