GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY

AUTHOR: S. HARISH KUMAR, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS), CHENNAI

BEST CITATION -S. HARISH KUMAR, GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 986-997, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Introduction: The rise of the gig economy has reshaped the landscape of employment across the globe. In India, millions are now part of this informal workforce—engaged as delivery partners, ride-share drivers, freelance professionals, and digital content creators. Despite their growing economic contribution, gig workers often remain outside the purview of traditional labor protections such as minimum wage, social security, and the right to unionize. Objectives: To analyze the current legal status of gig workers under Indian labor laws. To assess the compatibility of gig work with constitutional rights like the right to equality, dignity, and livelihood. To identify gaps in existing legal frameworks concerning gig employment. Methodology: Research Type: Doctrinal and qualitative research. Primary sources: Constitutional provisions, Supreme Court judgments, labor codes. Secondary sources: Articles, research papers, government reports, media reports, case studies.  Findings: Legal Ambiguity: Gig workers fall into a grey zone—not recognized as employees, but also not completely independent contractors. Conclusion: The gig economy represents the future of work, but it also raises critical questions about employment rights, worker welfare, and the applicability of constitutional protections. As India embraces digital labor platforms, there is an urgent need to redefine employment frameworks to include gig workers within the ambit of labor rights and social justice.

KEYWORD:-

Gig economy, gig workers, employment rights, Indian Constitution, labor laws, right to livelihood.