Author: PRASANNASRI26092001

“LEGAL STATUS AND SOCIAL SECURITY OF GIG AND PLATFORM WORKERS UNDER CODE ON SOCIAL SECURITY : A  CRITICAL ANALYSIS”

AUTHOR – KAAMINI.P, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – KAAMINI.P, “LEGAL STATUS AND SOCIAL SECURITY OF GIG AND PLATFORM WORKERS UNDER CODE ON SOCIAL SECURITY : A  CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 496-504, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The rapid expansion of the gig economy, driven by digital platforms and technological advancements, has significantly transformed traditional labour markets across the globe, including India. Gig and platform workers—such as ride-sharing drivers, food delivery personnel, and freelance digital service providers—operate in a flexible yet precarious employment environment that falls outside the ambit of conventional labour laws. Recognizing this emerging workforce, the Code on Social Security, 2020 marks a landmark development in Indian labour jurisprudence by formally acknowledging gig and platform workers and attempting to extend social security benefits to them.This paper critically examines the legal status and social security framework applicable to gig and platform workers under the Code on Social Security, 2020. It explores how the Code defines gig and platform workers as distinct categories separate from traditional employees, thereby excluding them from core labour protections such as minimum wages, job security, and collective bargaining rights. While the legislation introduces welfare-oriented measures, including provisions for life and disability insurance, health benefits, and old-age protection, these schemes remain largely discretionary and dependent on governmental implementation.The study highlights the inherent tension between flexibility and security within the gig economy, emphasizing that the absence of a clear employer-employee relationship results in a “legal vacuum” where workers possess limited enforceable rights. It further critiques the contribution-based funding mechanism involving aggregators, pointing out its potential inadequacies and implementation challenges. Additionally, the paper addresses practical concerns such as digital exclusion, lack of awareness, and administrative inefficiencies that hinder effective access to social security benefits.

Keywords:  Gig workers, Platform workers , Gig economy ,Platform economy , Code on Social Security, 2020 ,Legal recognition ,Legal status .

MATERNITY BENEFITS AND WORKPLACE PROTECTION UNDER THE CODE ON SOCIAL SECURITY, 2020: ISSUES AND CHALLENGES

AUTHOR – SUSMITHA.M, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – SUSMITHA.M, MATERNITY BENEFITS AND WORKPLACE PROTECTION UNDER THE CODE ON SOCIAL SECURITY, 2020: ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 484-495, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Code on Social Security, 2020 represents a significant reform in India’s labour law framework by consolidating multiple social security laws into a unified structure aimed at extending protection to all categories of workers, including those in the unorganised, gig, and platform sectors. Among its key components, maternity benefits and workplace protection for women employees occupy a central position, ensuring financial security, health safeguards, and job continuity during pregnancy and post-childbirth phases.

The Code provides for paid maternity leave, medical bonuses, nursing breaks, and crèche facilities, while also prohibiting hazardous work during pregnancy and dismissal on grounds of maternity absence. These provisions aim to promote gender equality, protect maternal health, and support women’s participation in the workforce.

However, despite its progressive framework, the implementation of maternity benefits under the Code faces several legal and practical challenges. Additionally, issues such as lack of awareness, socio-economic barriers, and gaps in regulatory clarity hinder effective realization of these rights.

This study critically examines the scope, effectiveness, and limitations of maternity benefits and workplace protections under the Code on Social Security, 2020. It further analyses the emerging legal challenges and suggests reforms to strengthen enforcement, expand coverage, and ensure equitable access to maternity benefits in India’s evolving labour market.

KEY WORDS: Maternity Benefits, Workplace Protection, Women Employees, Code on Social Security, 2020, Gender Equality, Labour Law, Social Security, Maternity Leave, Unorganised Sector, Gig Workers, Employer Liability, Crèche Facilities, Nursing Breaks, Legal Challenges, Women’s Rights, Employment Protection, Maternal Health, Labour Welfare.

SEXUAL HARASSMENT OF WOMEN IN THE WORKPLACE: A LEGAL, SOCIAL, AND COMPARATIVE ANALYSIS

AUTHOR – SRUSHTI VARMA S.M, STUDENT AT MKPM RV INSTITUTE OF LEGAL STUDIES

BEST CITATION – SRUSHTI VARMA S.M, SEXUAL HARASSMENT OF WOMEN IN THE WORKPLACE: A LEGAL, SOCIAL, AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 480-483, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I549

Introduction

Sexual harassment in the workplace continues to be a systemic and pervasive issue that undermines gender equality and workplace dignity. It is not merely an individual grievance but a structural manifestation of discrimination rooted in unequal power relations. Despite legislative interventions such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, implementation gaps and socio-cultural barriers persist.

Recent discourse has also been shaped by global movements such as the #MeToo movement, which exposed the scale and normalization of harassment across industries.

“CLOSING THE GENDER GAP IN PARENTAL LEAVE: A COMPARATIVE ANALYSIS OF PARENTAL LEAVE IN INDIA AND WESTERN COUNTRIES”

AUTHOR – HARINI.M STUDENT AT SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – HARINI.M, “CLOSING THE GENDER GAP IN PARENTAL LEAVE: A COMPARATIVE ANALYSIS OF PARENTAL LEAVE IN INDIA AND WESTERN COUNTRIES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 451-463, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper delves into comparative analysis of parental leave in India and other western countries to suggest how gender gap can be minimised and closed for recognising caregiving role of both the parents.There are several countries that adopted parental leave law for the well being of the newborn in this contemporary world. Parental leave under labour law has evolved from a mere ‘maternity benefit’ measure into a broader gender neutral policy in advanced economies but in India ,however ,statutory protection remains largely maternity-centric, with limited statutory recognition of paternity or shared parental leave.This research paper deploys, the use of doctrinal and comparative legal method to analyse the parental leave regimes in India, Sweden, Germany ,and the US to draw lessons on duration ,remuneration, job protection, gender neutral design ,coverage of informal sector and private sector .It mainly points out that though India’s maternity leave provisions are relatively generous in duration ,they remain maternity centric and fail to institutionalise shared parental responsibility. By drawing lessons from other western countries ,the study proposes that India should move towards shared parental leave scheme.For the purpose of this study, this paper will examine statutes ,codes, reports and judgements pertaining to maternity and paternity benefit across various countries.

Keywords: Maternity benefits, Paternity benefits, shared parental leave, gender neutral design ,informal sector .

OCCUPATIONAL SAFETY OF CONSTRUCTION WORKERS UNDER THE OCCUPATIONAL, SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS OF IMPLEMENTATION GAPS

AUTHOR – VYABINYAA SHRIEE R S, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – VYABINYAA SHRIEE R S, OCCUPATIONAL SAFETY OF CONSTRUCTION WORKERS UNDER THE OCCUPATIONAL, SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS OF IMPLEMENTATION GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 444-456, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The construction sector is one of the most hazardous industries, characterized by high rates of accidents, injuries, and occupational diseases. In India, the enactment of the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020) marked a significant step toward consolidating and modernizing labour laws related to workplace safety. This research critically examines the effectiveness of the OSH Code, 2020 in ensuring occupational safety for construction workers, with a particular focus on implementation gaps. While the Code introduces comprehensive provisions relating to health, safety standards, welfare measures, and employer accountability, challenges persist in its enforcement due to inadequate institutional capacity, lack of awareness among workers, informal employment structures, and weak monitoring mechanisms. The study analyses statutory provisions, existing compliance frameworks, and practical obstacles in implementation. It also highlights the need for stronger regulatory oversight, improved worker training, and enhanced accountability mechanisms. The paper concludes that although the OSH Code, 2020 has the potential to transform workplace safety in the construction sector, its success depends largely on effective enforcement and stakeholder participation

KEYWORDS : Occupational Safety, Construction Workers, OSH Code, 2020, Labour Law Reforms, Workplace Safety, Implementation Gaps, Informal Sector Worker Welfare.

OCCUPATIONAL DISEASES AND WORKERS’ COMPENSATION

AUTHOR – A. RASIKA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – A. RASIKA, OCCUPATIONAL DISEASES AND WORKERS’ COMPENSATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 440-443, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Occupational diseases are illnesses that arise due to exposure to harmful conditions in the workplace. With the rapid growth of industrialization and urbanization, workers across various sectors are increasingly exposed to physical, chemical, biological, and psychological hazards. These diseases not only affect the health and productivity of workers but also impose a significant burden on their families and society. In India, where a large portion of the workforce is engaged in the unorganized sector, occupational health risks often go unnoticed and unreported. Workers’ compensation serves as a crucial mechanism to provide financial relief and support to employees who suffer from occupational diseases or workplace injuries. This article explores the concept of occupational diseases, their causes, and the legal framework governing workers’ compensation in India. It further examines the challenges in implementation, lack of awareness, and gaps in the existing system. The study emphasizes the need for stronger enforcement, better healthcare facilities, and a more inclusive compensation mechanism to ensure justice and dignity for workers.

Keywords

Occupational Diseases, Workers’ Compensation, Industrial Health, Labour Laws, Workplace Safety, Employee Welfare, Occupational Hazards, Compensation Laws, India

COMPARATIVE STUDY OF IMPLEMENTATION OF MINIMUM WAGES LAWS IN INDIA AND U.S.A

AUTHOR – MEERAA SHANKARI G, STUDENT AT SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – MEERAA SHANKARI G, COMPARATIVE STUDY OF IMPLEMENTATION OF MINIMUM WAGES LAWS IN INDIA AND U.S.A, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 464-479, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“A job should lift workers out of poverty, not keep them in it.”

-Bernie Sanders

              Minimum wage laws constitute a foundational element of labour welfare policy, aimed at ensuring fair remuneration and protecting workers from exploitation. In India, the significance of minimum wage regulation is amplified by the predominance of the informal sector, regional economic disparities, and varying levels of enforcement. This paper examines the evolution, framework, and impact of minimum wage laws, particularly under the Minimum Wages Act, 1948, and its transition into the contemporary wage regime.

The study critically analyses the role of minimum wage legislation in addressing poverty, reducing income inequality, and influencing employment patterns. It further explores the challenges associated with implementation, including lack of uniformity across states, weak enforcement mechanisms, and the persistence of informal employment relationships. The research also considers recent reforms, such as the consolidation of wage-related laws under the Code on Wages, 2019, and evaluates their potential to streamline wage determination and improve compliance.

KEYWORDS: Minimum Wage, Labour, Informality, Inequality, Poverty, Employment, Regulation, Enforcement, Justice, Equity, Governance, Compliance.

PROTECTING MIGRANT WORKERS IN INDIA

AUTHOR – NAMEENA P,STUDENT AT SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – NAMEENA P, PROTECTING MIGRANT WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 436-439, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Migration has been an integral part of India’s socio-economic structure for decades. Millions of workers migrate from rural to urban areas in search of employment, better living conditions, and economic stability. However, despite their significant contribution to the economy, migrant workers remain one of the most vulnerable sections of society. They often face exploitation, poor working conditions, lack of legal protection, and limited access to basic amenities such as healthcare, housing, and education. The COVID-19 pandemic exposed the harsh realities of migrant workers’ lives, bringing their struggles into the national spotlight. This article examines the legal framework governing migrant workers in India, the challenges they face, and the gaps in the implementation of existing laws. It also highlights the role of constitutional protections and international human rights standards. Further, the article suggests reforms to strengthen protection mechanisms and ensure dignity, equality, and justice for migrant workers. The study aims to provide a comprehensive understanding of the issue and propose practical solutions for improving the conditions of migrant workers in India.

Keywords

Migrant Workers, Labour Rights, Social Security, Interstate Migration, Labour Laws, Human Rights, Informal Sector, Welfare Schemes, Legal Protection, India

LEGAL EVALUATION EMPLOYER’S LIABILITY ON FACTORIES UNDER THE OSH CODE, 2020: A LEGAL EVALUTION

AUTHOR – SAVITHA S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – SAVITHA S, LEGAL EVALUATION EMPLOYER’S LIABILITY ON FACTORIES UNDER THE OSH CODE, 2020: A LEGAL EVALUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 424-435, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Occupational Safety, Health and Working Conditions Code, 2020 represents a significant consolidation and reform of India’s labour laws, aiming to streamline and strengthen workplace safety across various sectors, particularly factories. This research critically evaluates the scope and extent of employer liability under the Code, with a focused analysis on statutory duties, compliance requirements, and enforcement mechanisms applicable to factory establishments. The study examines key provisions relating to employer obligations, including the duty to ensure a safe working environment, provision of welfare facilities, risk assessment, and adherence to prescribed safety standards.

Further, the paper analyses the legal consequences of non-compliance, including penalties, offences, and the role of inspectors-cum-facilitators in ensuring accountability. It also explores the extent to which the Code departs from or builds upon the earlier framework under the Factories Act, 1948. Through doctrinal analysis and relevant judicial interpretations, the research identifies practical challenges in implementation, such as lack of awareness, enforcement gaps, and infrastructural deficiencies, which may dilute the effectiveness of employer liability provisions.

The study concludes by assessing whether the OSH Code adequately balances industrial growth with worker protection and suggests reforms to enhance employer accountability and strengthen occupational safety governance in factories.

Keywords:
Employer Liability, OSH Code 2020, Factory Safety, Labour Law, Occupational Health, Workplace Regulation, compliance, industrial safety.

ACCESS TO ENVIRONMENTAL JUSTICE THROUGH PUBLIC INTEREST LITIGATION

AUTHOR – SUPRATIM RAY, STUDENT AT NATIONAL LAW UNIVERSITY, TRIPURA

BEST CITATION – SUPRATIM RAY, ACCESS TO ENVIRONMENTAL JUSTICE THROUGH PUBLIC INTEREST LITIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 420-423, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Public Interest Litigation (PIL) has emerged as a powerful tool in India’s judicial landscape, democratising access to justice and enabling ordinary citizens, activists and organisations to address systemic issues that affect the public at large . In realm of environmental justice, PILs have been instrumental in enforcing constitutional rights, holding polluters accountable, and shaping policies to protect natural resources. Rooted in Article 21 of the Indian Constitution, which guarantees the right to life and includes the right to clean environment, PILs have bridged the gap for marginalised communities facing environmental degradation. This blog explores how PILs facilitates access to environmental justice, highlighting key cases, mechanism and recent developments as of January 2026.