NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE

AUTHOR – AALIYA AMEER. A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AALIYA AMEER. A, NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 184-194, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

     Gig economy is a modern labor market system which has redefined the traditional labor market system which has its own advantages and disadvantages. This has challenged the traditional labor employment structures in various forms most notably through its flexibility and autonomy. Millions. of people are now performing on-demand, freelance, and temporary jobs because of the growth of digital platforms. like Uber, Swiggy, and Urban Company. But. this change has sparked serious questions about labor rights, especially the right to collective bargaining. Gig workers are basically categorised under Independent contractors which is in total contrast to the traditional employment structures. which makes them not eligible for social security benefits and unionization and other important benefits that a normal employer is eligible to claim under traditional labor legislations. This power disparity that is prevailing in the market makes the workers and platforms less exposed to bargaining rights as to equitable pay, secure working conditions and dispute resolution.

     The challenges with regard to gig workers rights still remain unresolved because of the lack of unclear legal provisions that validates gig workers rights. Labor laws like the Industrial Disputes Act and Trade Unions Act exclusively deal with formal employment and lack provisions with regard to gig workers rights which creates some important legal challenges in the field of p;atform based workers. Many countries have brought notable legislative changes with regard to gig workers rights.

      This paper delves into the structural and legal challenges to collective bargaining in the gig economy with key focus on Indian labor laws, the lacunas and the insights into foreign labor laws. This research underscores the importance of policy reforms and legislative changes guaranteeing equitable working conditions and sustainable labor rights for gig workers.