The case for social security benefits to gig workers in India

Oct 28, 2021

Recently, the Indian Federation of App Based Transport Workers, a registered trade union federation representing app-based transport and delivery workers, filed a public interest litigation (PIL) in India’s Supreme Court seeking social security benefits for delivery partners of food delivery apps, Zomato and Swiggy, and drivers of taxi aggregator apps, such as Ola and Uber.

Further, the Indian government has consolidated all erstwhile labour laws into four codes apart from the Code, including the Code on Wages 2019, Occupational Safety, Health and Working Conditions Code 2020, and the Industrial Relations Code 2020. (See our update on the new codes here)

The PIL seeks recognition of gig workers and app-based workers, such as drivers and delivery personnel, as unorganised workers within the ambit of the Unorganised Workers Act.  The PIL contends that the failure of the State to provide these workers social security is violation of their rights under Article 21 of the Constitution of India, namely, the right to work, the right to livelihood and the right to decent and fair conditions of work. 

Sinjini Majumdar, Senior Associate, at Majmudar & Partners has compiled an analysis on the case.

Click here to read the analysis.

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