SWIGGY, ZOMATO AND BEYOND: THE LEGAL STATUS OF PLATFORM WORKERS IN INDIA

AUTHOR – SONALI SHARMA V, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SONALI SHARMA V, SWIGGY, ZOMATO AND BEYOND: THE LEGAL STATUS OF PLATFORM WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 665-672, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid expansion of the gig economy has fundamentally altered traditional employment relationships, particularly within India’s evolving digital landscape. Platform-based enterprises such as Swiggy and Zomato have generated large-scale, flexible work opportunities by engaging individuals on a task-based model. Despite these advantages, the rise of platform work has raised significant legal concerns regarding the classification, rights, and protection of gig workers.^[1]

This paper examines the legal status of platform workers in India, focusing on whether they can be classified as employees or independent contractors under existing labour laws. It critically analyses the framework established under the Code on Social Security, 2020^[2] and identifies key gaps in its scope and implementation. The study further considers comparative judicial developments, to evaluate emerging global approaches toward gig worker protection.

The paper argues that although Indian law has taken an important step by recognizing gig workers, it fails to provide enforceable and comprehensive rights. It concludes that there is a pressing need for legal reforms that balance the flexibility of platform work with the fundamental principles of labour protection and social security.

KEYWORDS – Gig Economy, Worker Classification, Platform worker, Social Security Regulation

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[1] International Labour Organization, World Employment and Social Outlook: The Role of Digital Labour Platforms (2021).

[2] Code on Social Security, No. 36 of 2020 (India).

SOCIAL SECURITY AND EMPLOYEE BENEFITS: LEGAL RAMIFICATIONS FOR BOTH COMPANIES AND EMPLOYEES

AUTHOR – DEVI SESHA MALINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – DEVI SESHA MALINI, SOCIAL SECURITY AND EMPLOYEE BENEFITS: LEGAL RAMIFICATIONS FOR BOTH COMPANIES AND EMPLOYEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 656-664, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enormous population and lack of adequate opportunities have increased the proportion of unorganised workers which in turn requires initiatives to protect the interests of the workers in the informal sector. The secondary data such as published articles and Government reports has been utilised for the study. The paper attempts to analyse the social security frameworks, schemes and judicial interventions in safeguarding the rights of the workers. The limitations are emphasized in the paper such as inadequate definition, enforcement mechanisms, funding, etc. The implications for the employees, employers and companies are further highlighted. The paper concludes that despite the reforms both judiciary and legislative, the mechanisms to safeguard the interests of the unorganised workers remains regressive due to implementation gap between reforms and their actual enforcement.

Key words: Unorganised workers, Enforcement mechanisms, Implementation gap.

ANALYSIS ON THE SAFETY AND HEALTH PROTECTIONS FOR GIG AND PLATFORM WORKERS UNDER THE NEW LABOUR CODES

AUTHOR – A.H.HAROON NADHEEM, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – A.H.HAROON NADHEEM, ANALYSIS ON THE SAFETY AND HEALTH PROTECTIONS FOR GIG AND PLATFORM WORKERS UNDER THE NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 650-655, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The swift expansion of gig and platform-based employment in India has generated unique opportunities for flexible job arrangements but has also subjected workers to increased risks related to occupational safety and health. Conventional labor laws frequently overlook the vulnerabilities faced by this workforce, which encompasses delivery workers, ride-share drivers, and freelance digital service providers. The introduction of the Occupational Safety, Health, and Working Conditions Code, 2020, as part of India’s new labor regulations, represents a significant advancement toward including gig workers within the formal safety and welfare framework. This article analyzes the extent and effectiveness of these provisions in safeguarding gig workers against occupational dangers, ensuring their access to health services, accident compensation, and welfare initiatives. It assesses enforcement issues seriously, such as the informal character of platform work, the absence of employer accountability, and the limitations of digital surveillance. The paper emphasizes the necessity for flexible regulatory tools that strike a balance between worker protection and flexibility by analyzing case studies, government notifications, and comparative international practices. In order to protect the health and welfare of gig and platform workers in India’s developing digital economy, the essay finds that bolstering regulatory control, requiring platform responsibility, and expanding social security benefits are crucial.

Keywords: Gig economy, platform workers, occupational safety and health, occupational safety health and working condition code 2020, labour law, india, worker protection, social security, digital employment, workplace welfare.

GIG ECONOMY AND LABOUR RIGHTS IN INDIA

AUTHOR – KAVITHA CHITTRARASU, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – KAVITHA CHITTRARASU, GIG ECONOMY AND LABOUR RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 643-649, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

              THE RAPID EXPANSION OF THE GIG ECONOMY IN INDIA, DRIVEn by digital platforms and technological advancement, has fundamentally transformed traditional employment structures. While this model offers flexibility and increased employment opportunities, it simultaneously raises significant concerns regarding labour rights and worker protection. Gig workers, typically classified as independent contractors, remain excluded from essential legal safeguards such as minimum wages, social security, job security, and safe working conditions.This paper critically examines the legal status of gig workers in India, highlighting the inadequacy of existing labour laws that are primarily designed around conventional employer-employee relationships. Although the Code on Social Security, 2020 marks a progressive step by recognizing gig and platform workers, it fails to grant them enforceable rights or comprehensive protection. Through an analysis of judicial principles and comparative international frameworks, the paper underscores the urgent need for legal reforms. It advocates for the introduction of an intermediate worker classification, expansion of basic labour rights, and enhanced regulatory oversight of platform-based work. The study concludes that a balanced legal framework is essential to ensure that the growth of the gig economy does not come at the expense of worker welfare, thereby promoting both economic efficiency and social justice.

KEYWORDS: Gig Economy, Platform Work, Labour Rights, Social Security, Economic Dependency, Labour Law Reforms, Worker Protection, Job Security.

“PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”

AUTHOR – ABRARUL ATHIF, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABRARUL ATHIF, “PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 633-642, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically examines the extent of legal protection available to self-employed unorganised workers under the Code on Social Security, 2020 in India. The unorganised sector constitutes a substantial portion of the Indian workforce, within which self-employed workers form a significant segment. These workers, including street vendors, small traders, artisans, and home-based producers, operate outside formal employment relationships and are therefore excluded from traditional labour law protections. Despite their crucial contribution to the economy, they remain one of the most vulnerable categories in terms of social security coverage.

The Code on Social Security, 2020 represents a legislative attempt to extend social protection to all categories of workers, including the self-employed. It introduces provisions for registration, formulation of welfare schemes, and inclusion within a broader social security framework. However, the effectiveness of these provisions in ensuring meaningful protection for self-employed workers remains questionable. The absence of employer-employee relationships, lack of mandatory contribution mechanisms, and reliance on discretionary welfare schemes create significant limitations in the implementation of the Code.

This study adopts a doctrinal research methodology, analysing statutory provisions, judicial developments, and secondary literature to evaluate the adequacy of the legal framework. It further explores the structural challenges faced by self-employed workers, including income insecurity, lack of institutional support, and limited access to welfare schemes. The paper argues that while the Code symbolically recognises self-employed workers, it fails to establish enforceable rights or effective mechanisms to ensure social security coverage.

The study concludes that the protection of self-employed unorganised workers under the Code on Social Security, 2020 remains largely inadequate. It proposes the need for a rights-based approach, clearer accountability structures, and targeted policy interventions to ensure inclusive and effective social security protection.

 KEYWORDS – Social Security Code, 2020, Self-employed Workers, Unorganised Sector, Labour Law Reform, Informal Economy, Social Protection

IMPACT OF NEW LABOUR CODES ON THE FORMALIZATION OF UNORGANISED SECTOR IN INDIA

AUTHOR – MADHUMITHA.K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MADHUMITHA.K, IMPACT OF NEW LABOUR CODES ON THE FORMALIZATION OF UNORGANISED SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 627-633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Nearly 70–80% of employment opportunities in India are held by a large unorganized workforce, which is a key component of the country’s labor market. Historically, this group has not been adequately covered by labor laws, which has led to unsafe work environments, insufficient access to social security, unstable employment, and susceptibility to wage exploitation. The adoption of the four labor codes—the Occupational Safety, Health, and Working Conditions Code, 2020; the Industrial Relations Code, 2020; the Code on Wages, 2019; and the Code on Social Security, 2020 represents a major structural change intended to alter India’s labor law system. With a focus on extending coverage to unorganized, gig, and platform workers, these regulations combine 29 current labor statutes into a streamlined and consistent approach.

By examining important clauses including uniform minimum wages, obligatory worker registration, the extension of social security benefits, and the recognition of new workforce classification, this study critically investigates the effects of these labor regulations on the formalization of the unorganized sector. It delves deeper into the ways in which these regulations support more accountability, transparency, and inclusiveness in the labor market. However, the report also cites significant implementation problems, such as employee ignorance, digital illiteracy, administrative limitations, and employer reluctance, especially in the unorganized sector.

In order to ensure inclusive and long-lasting labor reforms in India, this article indicates that although the new labor codes offer a solid institutional and legal basis for formalization, their effectiveness relies on efficient implementation, strong enforcement mechanisms, and concerted efforts between the government, employers, and workers.

Key words: unorganised workforce, new labour codes, inclusiveness, social security, enforcement, efficiency.

“EFFECTIVENESS OF SOCIAL SECURITY CODE, 2020 IN PROTECTING UNORGANISED WOMEN WORKERS”

AUTHOR – FATHIMA.M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – FATHIMA.M, “EFFECTIVENESS OF SOCIAL SECURITY CODE, 2020 IN PROTECTING UNORGANISED WOMEN WORKERS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 616-626, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically examines the effectiveness of the Code on Social Security, 2020 in protecting unorganised women workers in India. The unorganised sector constitutes a significant portion of India’s workforce, with women forming a particularly vulnerable segment due to socio-economic disadvantages, lack of formal employment contracts, and limited access to welfare mechanisms. Although the Code on Social Security, 2020 was enacted with the objective of consolidating and extending social security benefits to all categories of workers, including those in the unorganised sector, its practical implementation raises serious concerns.

The paper analyses the legal framework governing social security under the Code, with particular emphasis on provisions relating to unorganised workers, gig workers, and platform workers. It further explores the extent to which these provisions address gender-specific challenges such as wage disparity, lack of maternity benefits, occupational hazards, and absence of institutional support. While the Code introduces progressive mechanisms such as registration of workers and welfare schemes, the absence of clear enforcement strategies, ambiguity in employer liability, and dependence on voluntary compliance significantly limit its effectiveness.

The study adopts a doctrinal research methodology, relying on statutory analysis, judicial precedents, government reports, and secondary literature. It highlights the gap between legislative intent and ground reality, particularly in the context of unorganised women workers who often remain excluded from formal social security systems due to structural and administrative barriers.

The paper concludes that while the Code on Social Security, 2020 represents a significant step towards inclusive labour welfare, it falls short in adequately addressing the unique vulnerabilities of unorganised women workers. It proposes targeted reforms, including gender-sensitive policy design, stronger enforcement mechanisms, and enhanced awareness initiatives, to ensure meaningful protection and realisation of social security rights.

 KEYWORDS – Social Security Code, 2020, Unorganised Workers, Women Labour, Labour Law Reform, Gender Justice, Informal Sector

CRIMINAL LIABLIITY UNDER INFORMATION ACT 2000 – CHALLENGES, GAPS AND ENFORCEMENT IN THE DIGITAL AGE

AUTHOR – HIMANSHI SINGH, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – HIMANSHI SINGH, CRIMINAL LIABLIITY UNDER INFORMATION ACT 2000 – CHALLENGES, GAPS AND ENFORCEMENT IN THE DIGITAL AGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 601-615, APIS – 3920 – 0001 & ISSN – 2583-2344.

OBJECTIVES, SCOPE, AND APPLICABILITY OF THE IT ACT, 2000

Objectives of the Information Technology Act, 2000

The facts era Act, 2000 was enacted at a time when India turned into witnessing speedy growth in net utilization and electronic commerce. The absence of a selected criminal framework to govern digital transactions and cyber activities made it vital for the legislature to introduce a comprehensive regulation addressing those emerging issues. The Act, therefore, targets to alter digital communication, ensure felony reality, and offer safeguards in opposition to misuse of virtual technology.10The primary objectives of the Act are discussed under.

GIG WORKERS AND PLATFORM ECONOMY: ARE THEY ADEQUATELY PROTECTED UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS

AUTHOR – YUKTHANKITHA K, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – YUKTHANKITHA K, GIG WORKERS AND PLATFORM ECONOMY: ARE THEY ADEQUATELY PROTECTED UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 585-590, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The emergence of the gig economy has fundamentally altered the traditional employer–employee relationship, introducing flexible, task-based work mediated through digital platforms. While this transformation has generated employment opportunities and contributed to economic efficiency, it has also created significant regulatory challenges, particularly in relation to occupational safety, health, and working conditions. Gig workers, including ride-hailing drivers, food delivery personnel, and freelance service providers, operate outside conventional employment frameworks and are typically classified as independent contractors. This classification often excludes them from statutory protections available under labour laws.

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) represents a major reform in India’s labour law regime, consolidating various laws related to workplace safety. However, its applicability to gig and platform workers remains ambiguous due to definitional limitations and structural gaps. This research critically examines whether gig workers are adequately protected under the OSH Code, 2020 by analysing statutory provisions, judicial interpretations, and practical realities.

The study reveals that despite the progressive intent of the Code, gig workers remain largely excluded from its scope due to their non-recognition as “workers” under the legal framework. The absence of clear employer accountability, lack of workplace definition, and weak enforcement mechanisms further exacerbate their vulnerability. The paper concludes that comprehensive legislative reforms are necessary to extend occupational safety protections to gig workers and ensure equitable labour standards in the platform economy.

“AN ANALYTICAL STUDY OF MATERNITY BENEFITS AND WOMEN’S RIGHTS IN EMPLOYMENT”

AUTHOR – VARSHA R, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – VARSHA R, “AN ANALYTICAL STUDY OF MATERNITY BENEFITS AND WOMEN’S RIGHTS IN EMPLOYMENT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 576-584, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This research examines the intricate relationship between maternity benefits and women’s employment rights in the contemporary workplace. The study analytically explores the legal frameworks, policy implementations, and practical challenges surrounding maternity protection across various jurisdictions. Through a comprehensive review of international labour standards, national legislation, and organizational practices, this research investigates how maternity benefits impact women’s career progression, economic security, and workplace equality. The study addresses critical dimensions including statutory maternity leave provisions, wage compensation during maternity, job security guarantees, breastfeeding accommodations, and protection against pregnancy-based discrimination. It analyses the effectiveness of existing legislative measures in balancing employers’ interests with women’s reproductive rights and economic participation. The research further examines disparities in maternity benefits across different employment sectors, socio-economic groups, and geographical regions. Key findings reveal significant gaps between policy formulation and ground-level implementation, highlighting persistent challenges such as workplace discrimination, inadequate enforcement mechanisms, and limited coverage for informal sector workers. The study also evaluates the role of maternity benefits in promoting gender equality, enhancing women’s labour force participation, and supporting work-life balance. This research contributes to the ongoing discourse on women’s rights by proposing evidence-based recommendations for policymakers, employers, and advocacy groups to strengthen maternity protection frameworks and advance substantive gender equality in employment.

Keywords: Maternity benefits, women’s employment rights, gender equality, labour legislation, workplace discrimination, reproductive rights, work-life balance.