India is drafting new rules under the Social Security Code, 2020, proposing that gig and platform workers need to work for at least 90 days with an aggregator in a financial year to avail social security benefits. For those working with multiple aggregators, this threshold is set at 120 days.
These draft rules, released for public comment, clarify that a worker is considered engaged from the day they start earning, irrespective of the amount. If a gig worker is engaged with multiple aggregators on a particular day, it will be counted as multiple days of work. The rules also specify that eligible workers include those engaged directly or through associate companies, subsidiaries, limited liability partnerships, or third parties.
The new labor codes mandate social security benefits like health, life, and personal accident insurance for gig workers, along with other arrangements the government may propose. The Labour Ministry has already begun registering gig workers on the 'e-Shram' portal, integrating them into the 'Ayushman Bharat' scheme. They may also be eligible for pensions based on contributions from both the platforms and the gig workers themselves.
As per the proposed rules, all gig workers above 16 years old need to have Aadhaar-linked registration. Aggregators will be required to share details of their gig and platform workers on a central portal for the creation of a universal account number, unless the worker is already registered. Registered gig and platform workers will be issued an identity card, either digital or physical.
Additionally, the draft notification outlines the proposed composition of the National Social Security Board, which will be responsible for assessing the number of gig and platform workers, identifying new types of aggregators, and formulating welfare policies for them. The board will include five representatives nominated by the government from associations of unorganized sector workers and employers.
Gig workers will become ineligible for social security benefits once they turn 60 or if they haven't met the minimum working day requirements in the previous fiscal year.
These reforms aim to provide social security and welfare to the country's workforce, guaranteeing timely minimum wages, appointment letters for the youth, equal pay for women, and gratuity for fixed-term employees after one year of service. The government aims to implement these codes across the country by April 1, 2026, pending consultations and final rule notifications by both the Central and state governments.
These measures mark a significant step towards formally recognizing and protecting gig workers, ensuring they receive social security benefits and are integrated into the broader labor framework.
