INTRODUCTION
Everyone needs a good income to survive, and for that people choose different -different options that are such as short-term contracts or freelance jobs instead of doing permanent jobs. We all are aware of India’s Unemployment conditions so people search for a variety of options to gain a livelihood. In this regard gig economy has emerged where the workers are employed for a short-term period and paid for their work. This concept has emerged in the modern economy that helps people to earn more and it is done through Uber, Lyft, and TaskRabbit, these are some online platforms to employ workers. However, this led to various debates in its favour as well as against it.[1]
FLEXIBILITY AND AUTONOMY
One of the best works it has done is it made the work flexible, the worker can fix the working hours as well as decide the project where they want to work. This has allowed the workers to manage and perform multiple jobs at a time and have full control over the job, as seen in caregiving and education service-providing employment.[2]
ECONOMIC OPPORTUNITIES AND CHALLENGES[3]
This type of work provides various economic opportunities, as due to the flexibility of work workers are managing different jobs at a time or might be doing permanent jobs with that, this can be additional income or supplemental for their livelihood. But, as every coin has two sides, it applies to this type of work also, as the workers face the challenge of unstable income during the time of economic recession such as Covid-19, where every business was facing loss and the economy of the country is at the downfall, at that time this type of workers has faced a lot of problems.
LACK OF BENEFITS AND PROTECTION[4]
This is the most serious issue regarding Gig workers as they are not offered the employment benefits and protection given to permanent employees such as health insurance, paid leave, holidays and retirement plans, as they are considered independent workers. They are very large in number and cover a wide area which is almost impossible to structure, and even the government faces problems in recognizing them.
LEGAL AND REGULATORY RESPONSES[5]
With the growing area of these workers, the concern regarding their rights has been also emerged and now gaining popularity to protect the workers. The government is trying to classify them and provide protection. But the Companies are not happy regarding that also at the same time, they get mixed reaction from the workers in this regard.
INDIAN LAWS FOR GIG WORKERS[6]
There are some significant laws applicable to Gig Workers that are still emerging in India and the process of unification and making a single law by merging all laws. These laws are:
CODE ON SOCIAL SECURITY,2020[7]
This law provides various benefits to the workers in terms of social security schemes old age benefits, health insurance, pension and retirement benefits to the workers who register them on online portals the government has their data and the funding for their benefits is done through the government either State or Centre, by aggregators or by workers themselves.
CODE ON WAGES,2019[8]
This code provides the minimum wage that should be liable to be given to the workers for their work done on time and the wage should be sufficient for the worker and given as per the guidelines of the government and extra payment for overtime.
OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020[9]
This code ensures that every gig worker should work in healthy working conditions i. e. the working area should be clean, have proper sanitization, maintain good hygiene and have a fresh atmosphere according to the working place. The safety of the workers should be ensured by providing adequate equipment or instruments, this is mainly needed in transportation and delivery services as well as industry and factories.
INDUSTRIAL RELATIONS CODE, 2020
This code helps to balance the relationship between the employers and the workers. In this code, workers are provided with a dispute resolution system, for setting their terms and conditions of employment and the workers can also form trade unions to negotiate with companies and pressure them to accept their demands through strikes and demonstrations.
INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021
They govern the platform companies by making them accountable and regulating their functions for their Act, by process of Due Diligence that are making fair and transparent policies for workers and if any infringement occurs it is given to Grievance Redressal Mechanism, for resolving the issue related to payment and conditions of work.
INCOME TAX ACT, 1961[10]
Gig workers are also governed by taxation laws in India, as they also need to declare their income and pay tax by availing the deductions or may be exempted if fall into that category and they also need to register themselves with Goods And Service Tax (GST) if necessary and are bound by its regulations depending on their total income and the type of service provided.
STATE LEVEL INITIATIVES[11]
Some of the States Of India have introduced their regulations and schemes to protect Gig Workers.
- Karnataka Digital Economy Mission- They introduced it by providing social security benefits like insurance and a pension scheme.
- Delhi “Rozgar” Budget- An initiative by introducing the Welfare Board for gig workers in the Delhi government.
FUTURE OF GIG WORKERS[12]
The future of gig workers can only be shaped beautifully by them. As the government is trying to make laws regarding their rights and duties and this field are growing as well as dynamic so, proper analysis and consideration are required to be made in this regard. This can only be done by observing the working conditions, workers benefit by offering them flexibility in terms of employment and increasing their scope of work with better working opportunities and income generation. Future development includes:-
- Social Security Enhancement- A comprehensive level of schemes is being introduced for gig worker welfare.
- Clarity Of Legality- Definitions and classifications for protection and benefit provided appropriately for gig workers.
- Accountability Of Platform- Fair treatment and adequate compensation should be given to the gig workers by the platform companies by stricter regulations.
CONCLUSION [13]
Sustainable and Equitable Development for gig workers should be given to the gig workers and this process of developing the legal framework is still in the process of change as this is a very wide area and there is a need to merge all laws into one single law. These developments and amendments should be done by analyzing the present scenario of these workers, a proper balance between the relationship between employer and workers should be made in view that the rights of workers should not be infringed and flexibility of work should be provided by managing the employer’s benefit. All over the world changes are introduced and in India, this needs proper development and is right now an ongoing process.
Author(s) Name: Aishwarya (Mody University Of Science And Technology, Laxmangarh)
References:
[1] Malvika Rajkumar, ‘The Law for Gig-Workers in India’ (nyaaya, February 14,2022)<https://nyaaya.org/guest-blog/the-law-for-gig-workers-in-india/ >assessed 22nd June, 2024
[2] Naveen Kumar, ‘Regulatory Framework and the Protection of Basic Rights of Gig Workers’ (Bar and Bench, 16th May, 2024 at 9:31 AM)<https://www.barandbench.com/law-firms/view-point/regulatory-framework-and-the-protection-of-basic-rights-of-gig-workers > assessed 22nd June, 2024
[3] Rakshita Swamy, ‘The gig economy is growing at the cost of workers’ rights and social security’(The Indian Express,May 10, 2023 15:51 IST)<https://indianexpress.com/article/opinion/columns/gig-economy-growing-cost-of-workers-rights-social-security-8602132/ >assessed 22nd June, 2024
[4] Gautam Bhatia, ‘A new deal to protect India’s gig workers?’(The Hindustan Times,Mar 18, 2023 07:18 PM IST)<https://www.hindustantimes.com/opinion/a-new-deal-to-protect-india-s-gig-workers-101679143442849.html >assessed 22nd June, 2024
[5] Souvil Gangualy and Akhil K. Ramesh, ‘India: Rules Governing the Gig Economy’(Lexology, January 25,2023)<https://www.lexology.com/library/detail.aspx?g=0a14cdc3-5b43-472c-8974-5bcd43e74096 > assessed 22nd June, 2024
[6] ‘ Laws in India for GIG or Temporary Workers’(India Law Offices LLP)<https://www.indialawoffices.com/legal-articles/india-laws-and-gig-workers >assessed 22nd June,2024
[7] Code On Social Security,2020 (Act No. 36,2020)
[8] Code On Wages,2019 (Act No. 29 of 2019)
[9] Occupational Safety, Health And Working Conditions Code, 2020 (Act No.37 of 2020)
[10] Income Tax Act, 1961 (Act No. 43 of 1961)
[11] Cherylann Mollan, ‘Ola, Uber and Zomato: India’s gig workers see hope in new state law’(BBC,10th August, 2023)< https://www.bbc.com/news/world-asia-india-66437170> assessed 22nd June, 2024
[12] Satvil Bansal, ‘Labour Laws and Regulation for Gig workers in India’(Legal Service India) <https://www.legalserviceindia.com/legal/article-10944-labour-laws-and-regulation-for-gig-workers-in-india.html#google_vignette >assessed 22nd June, 2024
[13] Pranav Agarwal, ‘Gig Workers: The Need To Regulate The Unregulated’ (LiveLaw,26 Dec 2023 11:27A. M.)
<https://www.livelaw.in/articles/gig-workers-the-need-to-regulate-the-unregulated-245340 >assessed 22nd June, 2024
