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 would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What social security benefits do gig and platform workers get under the new labour code?" turns on Code on Social Security 2020, Section 2(35), Code on Social Security 2020, Section 114 and Code on Social Security 2020, Section 141. The points below set out the position and then what to do about it, in the order it should be done.

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 this means for you: 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.

Where the facts are disputed, what usually decides a gig worker social security matter is the paper trail — dated complaints, acknowledgments and written replies under Code on Social Security 2020, Section 2(35). 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 labour law.