What social security benefits do gig and platform workers get under the new labour code?

Question

I work as a delivery partner for an aggregator app and want to know what social security protections, if any, apply to gig workers like me. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What social security benefits do gig and platform workers get under the new labour code? is governed in India primarily by Code on Social Security 2020, Section 2(35), Code on Social Security 2020, Section 114 and Code on Social Security 2020, Section 141. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 2(35) of the Code on Social Security 2020 defines a gig worker as a person who performs work outside the traditional employer-employee relationship and earns income from such activities, formally recognising this category in Indian labour law for the first time.

Section 114 empowers the central government to formulate suitable social security schemes for gig and platform workers covering matters like life and disability cover, health and maternity benefits, old age protection and any other benefit as may be determined, to be funded partly through contributions from aggregators.

Section 141 requires aggregators falling within the notified categories, such as ride-hailing, food and grocery delivery and content or logistics platforms, to contribute a percentage of their annual turnover, subject to a cap, towards the social security fund for gig and platform workers.

Unlike regular employees, gig workers under this framework are not entitled to the full suite of protections such as provident fund, gratuity or statutory bonus, since the Code's scheme is built around welfare board and fund-based benefits rather than an employer-employee obligation model.

State and central governments are expected to set up dedicated boards to register gig and platform workers and administer the welfare schemes, and effective protection depends significantly on the specific scheme notified and rules framed under this Code, which vary in their rollout across states.

What to do next: 1) Check whether a state or central welfare scheme for gig workers has been notified in your sector; 2) Register on the applicable e-Shram or state gig worker portal to be eligible for notified benefits; 3) Keep records of your engagement with the aggregator platform, including payment history and work logs; 4) Approach the relevant labour welfare board or aggregator's grievance cell for benefit-related disputes.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Code on Social Security 2020, Section 2(35) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.