What social security rights do gig and platform workers have in India?

Question

I work as a delivery partner for an app-based platform and want to know what social security benefits I am entitled to under Indian law. Specifically, I want to know how Code on Social Security 2020, Section 2(35) applies to a situation like mine and what the labour law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

What social security rights do gig and platform workers have in India? 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. Outcomes in gig worker rights disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 2(35) and 2(60) define 'gig worker' and 'platform worker' for the first time in Indian labour legislation, recognising them as a distinct category outside the traditional employer-employee relationship.

Section 114 mandates the central government to formulate social security schemes for gig and platform workers covering life and disability cover, health and maternity benefits, old age protection, and any other benefit as may be determined.

Section 141 provides for a Social Security Fund financed through contributions from aggregators (a percentage of their annual turnover, not exceeding 2%, capped at a percentage of amounts paid to gig workers), along with government contributions.

Aggregators such as food delivery, ride-hailing and e-commerce platforms are required to register and contribute towards this fund once the Code and relevant rules are notified in a state, aimed at extending welfare coverage historically unavailable to gig workers.

Until the Code is fully notified and schemes are framed, gig workers largely rely on any voluntary insurance or welfare programs offered by individual platforms, and can approach consumer or contractual remedies for platform-specific disputes.

In practice, in this order: 1) Check whether your state has notified the Code on Social Security and any gig worker welfare scheme; 2) Register on the e-Shram portal, which captures data of unorganised and gig workers for targeted welfare benefits; 3) Retain records of your platform agreement, payouts and working hours for any future benefit claims; 4) Follow updates from the Ministry of Labour and Employment on gig worker social security scheme rollout.

Timing matters here: Code on Social Security 2020, Section 2(35) works on limitation periods, so a gig worker rights claim that is right on the merits can still fail if it is brought late. 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.