Journeying Toward Obscurity: Day-to-Day Battles of India's Freelance Laborers
In India, gig workers have gained formal recognition and some protections under recent laws, such as the Code on Social Security 2020 and state-level bills like Karnataka’s 2025 law. These laws provide registration, social security access, and algorithmic transparency for gig workers. However, the classification of gig workers as non-employees limits their wage protections and labour rights, and practical social security support remains limited and unevenly implemented.
Classification
The 2020 Code on Social Security was the first central legislation to officially recognize gig and platform workers as distinct categories outside standard employer-employee relationships. More recently, states like Karnataka have enacted specific laws, such as the Karnataka Gig Workers Bill, 2025, which legally defines gig workers as those engaged in piece-rate contractual work via digital platforms.
Wage Rights
Currently, gig workers’ wage rights are protected through regulations requiring platforms to provide clear terms of service agreements and ensure transparent payment deductions for social security contributions. However, gig workers typically do not have fixed wages or minimum wage guarantees under Indian labor codes, as platform workers are treated as independent contractors rather than employees, leading to precarious and variable earnings.
Access to Social Security Benefits
The Code on Social Security, 2020 extends social security measures to gig workers in principle, requiring platforms and governments to facilitate coverage under schemes like health insurance and provident funds. However, implementation is underdeveloped. Enrollment initiatives like the e-Shram portal exist but have limited reach due to low awareness and digital access barriers.
Additional Context
Despite these legal frameworks, many gig workers remain unprotected, excluded from labour laws, welfare boards like the BOCW, and face risks without adequate compensation, especially in cases of injury. The evolving policy environment in India is moving towards formalizing gig work with social protections but still faces challenges in adequate implementation, balancing platform interests, and ensuring meaningful worker rights.
Case Study: Narayan Malik
Narayan Malik, a Swiggy delivery partner in India, works more than 12 hours a day, earning around ₹1,000 on a good day. However, after deducting the cost of petrol, he is left with less. Narayan is required to purchase his own Swiggy or Zomato T-shirts and delivery box. He works for multiple platforms like Zomato, Swiggy, Porter, among others. Narayan's family includes his bedridden parents, wife, and a one-month-old baby.
The Rajdhani App Workers Union (RAWU) conducted a survey revealing alarming gaps in basic amenities and safety across 51 dark stores run by Blinkit, Zepto, Instamart, Big Basket, and Flipkart Minutes in Delhi. Only 72 percent of stores had toilets, and over a third of these lacked running water or regular cleaning. Parking facilities were missing in 40 percent of stores, leaving workers vulnerable to police harassment and accidents.
The government is framing the rules for the four labour codes, but many gig workers remain unaware of the benefits available to them due to a lack of proper research at the grassroots level. The government has proposed creating a fund, pooled by setting aside a small amount from every order, to be distributed to delivery partners after a specified tenure.
However, the central question remains whether food deliveries under the "partner" label constitute a "master-servant relationship". Narayan Malik, who pays TDS (Tax Deducted at Source) as he is considered a "business entity" due to the "partner" label, is one example of this ambiguity.
In conclusion, while progress has been made in recognizing and protecting the rights of gig workers in India, significant challenges remain in ensuring fair wages, adequate social security benefits, and safe working conditions. The government, platforms, and unions must collaborate to address these issues and provide meaningful protections for gig workers.
