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. 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 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. 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) 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.

What to do next: 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.

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.