Authored By – Rachana Mishra, Sadanlal Sawaldas Khanna Girls’ Degree College, Prayagraj 

INTRODUCTION

 One item that emerged with industrialisation, globalisation, and digitalisation is the gig economy, or gig workers. Gig workers, or those doing contract or short-term freelance work, have grown in number along with the unemployment rate. This kind of work is appropriate for some people who do it as a part-time job, but some gig workers labour tirelessly and do two or three jobs in a single day. Because gig workers are not regarded as full-time employees, they are not entitled to the job security and other benefits that full-time employees receive. They do not get fundamental rights and protections, which raises questions about social security, fair salaries, and job stability. Legal position of gig workers in India is not stable. In this article we are going to discuss the legal position of gig workers in India and their rights.

Keywords : Gig workers, Gig economy, Unemployment, contractual work,

Meaning and definition of Gig Workers

 The word “gig” refers to the colloquial phrase for individual appearances by performing artists, such as comedians and singers, who are compensated for their individual performances rather than receiving a regular wage. A gig worker is a person who performs freelance or temporary labour, often as an independent contractor hired on an as-needed or informal basis. Thus, gig workers are essentially defined by the type of labour they do. Based on their type of job, gig workers and regular standard workers are distinguished from one another. Standard workers have a long-term relationship with their employer and are paid either annually or on an hourly basis. Long-term employees also receive various benefits. Whereas in the case of gig workers the employer- employee relationship is not entirely established for a long period of time it depends on the kind of work that the employee is performing and the employee is being paid on that basis only. The employee really gets any other benefits except  the wages that are being paid for the work done.

Evolution

The idea of gig workers or the gig economy is not new. Historians claim that it existed prior to the industrial revolution of the 19^th century. Although gig economy has existed in our culture for a long time, there was no precise name or idea that described or provided a precise description of gig workers. In the past, the major employees included nannies, caretakers, cab drivers, courier services, and comma trucks. The collapse of companies, industries, etc. at the start of the 20^th century led to widespread unemployment. People were compelled to work at multiple jobs in order to earn a living. Farmers’ livelihoods were also affected by the Great Depression and famine, which forced them to sell their farms and relocate in search of work. By the end of the 20^th century, the digital era began, which in particular led to the increased demand for gig workers in various countries around the world. It can be said that the beginning of a new era in respect to the gig economy began at the end of the 20^th century and the beginning of the 21^st century. With the outbreak of COVID-19, the demand for gig workers increased significantly, and with it came the responsibility to ensure legal rights for the gig workers. During World War II, companies that needed to complete a large number of tasks and had insufficient staff hired workers on a short-term contract basis.

Types

Gig workers, sometimes referred to as independent contractors or freelancers, participate in a variety of employment arrangements. These are a few typical categories of gig workers: Independent contractors On a project-by-project basis, freelancers provide services to clients, frequently from a distance. Writers, graphic designers, and software engineers are a few examples. Self-employed People Independent contractors are employed under a contract for a project or time frame. They might be employed in a variety of sectors, including consultancy, transportation, and construction. Employees of Online Platforms Digital platforms such as Uber, Lyft, DoorDash, or Postmates are used by online platform workers to deliver their services. They frequently serve as taskers, drivers, or delivery workers. Workers Based on Tasks, Task-based workers use online platforms to accomplish certain activities or tasks. Data entry, content moderation, and virtual help are a few examples, .Professionals in the creative field Services in artistic disciplines such as photography, videography, music, and art are provided by creative experts. Expert Craftsmen Trades with skilled workers include HVAC repair, carpentry, plumbing, and electrical work. Delivery and Ride-Sharing Drivers  for ride-sharing and delivery services are employed by businesses such as Uber, Lyft, and food delivery services. Online Education and Tutoring Online educators and tutors offer remote instruction, frequently via digital media. Guidance and Mentoring In a variety of domains, including business, wellness, and finance, consultants and coaches provide knowledgeable counsel. Event-Based and Seasonal Employees Festival employees, holiday shop employees, and tax season accountants are examples of seasonal and event-based workers who perform temporary labour for particular occasions, holidays, or seasons.

Modes

• Online
• Offline

The mode of give workers is either offline or online. In online work more skilled employees are hired. Where is in offline work the skill requirement is less. For example the online drafting contract making etc.  is one of the skilled works that are done by gig workers as part of their work. Where is in offline mode gig works include delivery work, etc. and the difference in the mode of give work depends on the skills of a person.

Essentials

• Temporary work
• Freelancing
• Part time work

The above mentioned are the three essentials which are important to constitute any worker as gig worker. Temporary work basically refers to a work which is not permanent and which is not for a fixed period of time and the wages are not fixed and there is no fixed tenure in the job. Freelancing refers to a person who is self employed and not necessarily committed to particular employment which is basically long term. Part time work refers to a work which a person does in his free time. So all the three components are essential to constitute gig worker.

Legal Provisions

There are certain legal regulations and initiatives that have begun to address the interests of gig workers, but there are no particular provisions in India pertaining to large labourers. The Social Security Code 2020 is one such law that attempts to give gig economy workers social security and benefits. It contains clauses pertaining to health benefits and specific insurance kinds. 2020’s Occupational Safety, Health, and Working Conditions Code The requirements of this code primarily apply to employees in the organised sector and have some relevance to providing a platform for workers, especially those involved in dangerous activities like driving or deliveries. since the work of give workers is classified as independent workers or we can say that self employed workers so they are different from full time employees so is they protection for them all though there is classification between these two types of works but still the labour law covers the position of the workers and its Ambit. However there is no particular provision that specifically aims to cater the gig workers in India. India is in process of shaping comprehensive legal provisions to address the challenges that are being faced by the gig workers in India.

Constitutional Rights of Gig Workers

Gig workers in India are also entitled to certain constitutional rights. The Indian Constitution guarantees fundamental rights that apply to all citizens, including gig workers. Key rights include:

• Right to Equality (Article 14): Gig workers cannot be discriminated against based on their employment status. This right ensures that they receive equal treatment under the law.
• Right to Life and Personal Liberty (Article 21): This right encompasses the right to a dignified life, which includes access to basic needs such as food, shelter, and healthcare.
• Right Against Exploitation (Article 23): This article prohibits human trafficking and forced labor, ensuring that gig workers are not subjected to exploitative practices.

Case Laws

Dharangadhara Chemical Works Ltd. V. State of Saurashtra[1] Supreme Court in this case established that a person can be considered a worker even if they are paid by the job, rather than by the day or hour. Birdichand Sharma v. The First Civil Judge, Nagpur[2] In this  case, the Supreme Court held that workers who are not directly employed by a company can still be considered employees if they are controlled and supervised by the company .Silver Jubilee Tailoring House and Ors. V. Chief Inspector of Shops and Establishments[3] the Supreme Court ruled in 1974 that tailors who worked on a part-time basis could still be considered employees.

Uber BV v. Aslam, Although not an Indian case, this 2021 UK Supreme Court decision is relevant, as it held that Uber drivers are workers entitled to labor protections, rather than independent contractors.

National Restaurant Association of India (NRAI) v. Union of India[4], this case was filed in the context of food delivery services like Zomato and swiggy and the NRAI sought the inclusion of the workers in the social security system. This case raised questions about the social security rights of give workers particularly in the food delivery sector. However the case is still on going.

Labor laws and uber drivers class action lawsuit[5], this case involved the classification of gig workers as employees versus independent contractors. The case highlights the international legal presidents and trends related to the gig economy which may  influence Indian legal debates and future case law on give workers.

CONCLUSION & COMMENTS

In terms of legislation, the Code on Social Security, 2020 defines gig workers and provides for social security benefits, but its implementation is still pending .The Contract Labour (Regulation and Abolition) Act, 1970 and the Employment Compensation Act, 1923 may also apply to gig workers, but their applicability is still unclear. The gig economy is a growing and evolving sector, and the legal framework surrounding it needs to be updated to better reflect the realities of this new work model. Clear and comprehensive legislation that specifically addresses the concerns of gig workers is necessary to ensure they have fair wages, working conditions, and access to social security benefits.

REFERENCES

1. Online Articles / Sources Referred
   • History of gig economy
   • Meaning and definition of gig workers
2. Cases Referred
   • National Restaurant Association of India (NRAI) v. Union of India
   • Labor laws and uber drivers class action lawsuit
3. Statutes Referred
   • Social security code, 2020
   • Labour laws
   • Constitution of India

[1] 1957.

[2] 1961.

[3] 1974.

[4] 2020.

[5] 2020.