RIGHTS OF GIG WORKERS IN INDIA: EVOLVING LAW, EMERGING PROTECTIONS, AND POLICY PATHWAYS
AUTHOR – SIVDARSH KS, STUDENT (LAW) AT CHRIST (DEEMED TO BE) UNIVERSITY
BEST CITATION – SIVDARSH KS, CUSTODIAL DEATHS IN INDIA: POLICE ACCOUNTABILITY AND THE EMERGING FRAMEWORK UNDER BNS, BNSS AND BSA, INDIANJOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 626-634, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
India’s digital platform economy has expanded rapidly in recent years, transforming the nature of employment across several sectors such as transportation, food delivery, logistics, home services, and freelance digital work. Platforms such as Uber, Ola, Swiggy, and Zomato have created flexible income opportunities for millions of workers who perform services through mobile applications. These workers, commonly referred to as gig workers or platform workers, typically operate outside the traditional employer–employee relationship that forms the foundation of labour law.[1]
While gig work offers flexibility, it also exposes workers to serious vulnerabilities. Many gig workers lack access to basic labour protections such as minimum wages, social security benefits, health insurance, paid leave, and retirement savings. Their earnings are often unpredictable and dependent on algorithmic systems controlled by digital platforms. [2]
Recognising these challenges, policymakers in India have begun to address the legal and regulatory gaps affecting gig workers. The Code on Social Security, 2020 introduced formal legal recognition of gig and platform workers for the first time at the national level. In addition, constitutional litigation before the Supreme Court of India has raised important questions about the labour rights of gig workers and whether they should be treated as unorganised workers entitled to social security protections. Several state governments have also initiated policy experiments, including the Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023 and emerging legislative initiatives in Karnataka.[3]
This paper examines the evolving legal framework governing gig workers in India. It analyses national labour legislation, state-level regulatory innovations, and administrative initiatives such as the e-Shram portal. The paper also evaluates key challenges including employment classification, social security gaps, algorithmic management, and limited bargaining power. By situating Indian developments within broader global regulatory trends, the paper proposes policy pathways that could strengthen labour protections while preserving the flexibility that characterises gig work.[4]
Keywords: gig work, platform economy, labour rights, social security, unorganised sector, algorithmic management, India
[1] NITI Aayog, India’s Booming Gig and Platform Economy: Perspectives and Recommendations on the Future of Work(Government of India, 2022).
[2] International Labour Organization, World Employment and Social Outlook 2021: The Role of Digital Labour Platforms in Transforming the World of Work (ILO, Geneva, 2021).
[3] Supreme Court of India, Indian Federation of App-Based Transport Workers (IFAT) v. Union of India, Writ Petition (Civil) No. 1068 of 2021 (seeking recognition of gig workers as unorganised workers entitled to social security protection).
[4] Ministry of Labour and Employment, Government of India, e‑Shram Portal (national database for registration of unorganised sector workers).