The Rise of the Gig Economy in India

Written By Swarali Mishra,
Intern- Lex lumen Research Journal,
January 2025

The Explosion of the Gig Economy Boom in India

Gig workers and employment laws in India are presently in a state of confusion. These temporary and flexible workers who work mostly under the technological platform have become a part and parcel of specific sectors like food delivery and ride-sharing, amongst other things. The gig workers have brought a lot of flexibility in the lives of such people. They enable the worker to enjoy innovation and independence but at the same time present significant challenges owing to the absence of legal and social security protection measures.

India is experiencing rapid growth in the field of gig employment due to the widespread acknowledgment of smartphones, different availability of internet connectivity, as well as the app-based delivery services. Gig workers find gigs as sources to bring home an income boundlessly, work at their preferred time, and have time to escape the conditions of a typical job structure. Such companies as Zomato, Swiggy, Ola, and Uber have been the universe of this economy, providing employment created by millions of sellers and drivers.

But not everything is so easy. For most gig workers, it will be as employees – which means no basic minimum wage, any form of leave, health insurance, or retirement plan. As a result, there is no formal framework to protect workers in their engagement in gigs-All no rights to work as their fairly present reality.

Legal Status of Gig Workers in India

The Indian intercession is pretty notable given the introduction of the Code on Social Security 2020 by the Government. For the first time, gig and platform workers have been recognized by any legal act; while the Code solely distinguishes them for purposes of availing social security benefits, there could be other opportunities. This law has laid down that there should be provision for the creation of welfare boards meant for gig workers, these boards funded by contributions cum subsidies from the aggregators, the government, and workers themselves.

Challenges Faced by Gig Workers

Lack of Job Security: For gig workers most of the time earnings are task-based and also results in unpredictable income. They can face deactivation from or removal on the platform without fair recourse.

Absence of Social Security: Gig workers are normally considered independent service providers, and their status does not include privileges such as provident funds, gratuity, or pensions.

Exploitation through Algorithms: With gig work distributed by application, these algorithms indicate tasks along with times while paying them. Without visible acts of control over them, they lead to work being unfairly distributed and arbitrary pay cuts.

Occupational Hazards: Occupational risks, for example, are related with physical dangers encountered by delivery personnel, such as those published in most recent studies, involving traffic accidents, extreme climatic conditions, and, generally, no guarantees on health insurance.

Unionization Challenges: The base of the gig economy is informal structures and informal relationships. The absence of formal employer-employee relations in the gig economy makes union activities difficult.

Emerging Legal and Policy Development

Encountering the prevalence of these issues, on-the-ground stakeholders seem particularly encouraged to advocate for stronger legal protection. Some of the more recent agenda items are:

Legal intervention – Courts in India have started attending to the problems of gig workers. There have been cases wherein pictures are projected before it seeking to ameliorate pay and working conditions of delivery personnel.        

Collective Bargaining: Some like-minded trade unions and advocacy groups find a cause to direct concerted demand for fair wages, transparent algorithms, and robust dispute resolution mechanisms. Not least among these are All India Gig Workers Union and counterparts.

Platform-Specific Initiatives: A few companies have, however, introduced social welfare measures, such as providing accident insurance or offering micro loans, to gig workers. But these are more of a carrot than a stick.

Global Comparisons: Lessons for India

In various parts of the world, there is much concerning the gig economy; it has similarities from one country to another. Even in Europe, the Supreme Court of the UK makes known workers’ entitlement to minimum wage and holiday pay and also finds that Uber drivers belong to that category. In California, Proposition 22 creates much debate because it puts gig workers in a category of their own and requires them to provide certain benefits-such as health insurance contribution. The cases throw a challenge for the state to find a balance against the flexibility of businesses and the protection of workers. Such would be the takeaway for India from the experiences elsewhere in the world. It brings in government efforts to ensure that gig workers enjoy basic rights without hampering the innovation that powers the gig economy. Administrative policy considerations and engaging with all stakeholders would certainly make a good point. Strengthening Legal Frameworks: The government needs to prioritize the swift implementation of the Code on Social Security, 2020, and ensure that welfare boards are functioning effectively across all states.

Transparency in algorithms and fair pay structures to ensure that gig workers receive appropriate compensation for their efforts-that should be the regulation among the platforms.

Including in Employment of All Workers: Leasing on universal social security programs, such as health insurance, savings for pensions, and accident benefits :let it be existing.

Promoting Collective Bargaining: Establish and support trade unions among them, or better still, collective bargaining organizations.

Work Condition Setting: Decent treatment standards of employees, including the maximum shift period, the specific security measures to be used in the industries, and arrangements for redress of grievances.

Plug Financial and Legal Gaps on Platform Responsibility: The governments must ensure sets of standards that demand accountability and liability for the welfare of the workforce formulating a support system that is jointly worked out between public and private sectors.

Conclusion

The growing gig economy spells flexibility and innovation in the way we work in the future. But this dynamism also puts millions of gig workers at risk of great exploitation and uncertainty. All around the world, policymakers are recognizing the very essence of the gig economy, and it is right for them to develop the infrastructure. India needs to address these deficiencies for gig workers not merely to build a reputation as a global economic power, but to be also supporting and recognizing the gig workers through proper labor laws. Having a fair and sustainable gig economy in India entails a well-balanced strategy that fights for the rights of workers and afford new innovation:

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