Amidst the busy lives in India millions of workers don’t go for the traditional jobs or are unwillingly compelled to for doing gig jobs. As gig economy surges forward, workers on platforms like Uber, Swiggy and many other such platforms are at the forefront. However, behind this convenience of instant deliveries and rides lies a troubling reality. These workers who are backbone of the gig economy, their labor is often undervalued and their rights are neglected.
The concept of gig workers has become a significant part of India’s employment structure, which offers flexibility and opportunity. However this flexibility comes with a cost, these gig workers are classified as independent contractors rather than employees and face huge disparities in wages, job security and social protection. Despite their crucial role in the modern economy, they are left exposed to exploitation.
Through this article i have argues that how gig workers in India suffer from severe human rights violation due to a striking gap in legal protection and systematic exploitation by platform-based employers. As the gig economy expands addressing these human rights issues is not just necessary, it is crucial for ensuring fair and just treatment for all workers.
Who are Gig workers?
Gig workers are individual who are engaged in short term, flexible and task-based employment often facilitated by digital platforms. Unlike traditional employees, gig workers are not bound by long term contracted and does not have fixed wages. They are paid per task wise or any job they complete. This type of job has gained immense popularity with the rise of gig economy which offered flexibility but on the other hand these workers are left without benefits and securities associated with a formal job.
Gig work refers to employment that is beyond the traditional employer employee framework and incudes roles such as freelancing, contractual work, and short-term engagements. In India gig work primarily includes ride sharing services, food deliveries and freelance projects. Platforms like Uber and Swiggy represent the most visible forms of gig work where workers perform task on per-job basis rather than a stable long term employment contract. Freelancers contribute to various fields, including writing, designing, singing, standup comedy and programming.
Some important statistics
The gig economy in India is growing rapidly with a significant increase in the number of gig workers over the recent years. According to a 2022 NITI Aayog, India had around 7.7 million gig workers in 2020-21, which represents 2.6% of the country’s non-agricultural workforce. This figure is expected to rise to 23.5 million by 2029-230 which will account to 6.7% of the non-agricultural workforce. This growth is driven by several factors such as the rise of digital platforms, the widespread use of smartphones and the increasing demand for flexible jobs. The pandemic further highlighted the importance of the gig economy, with many workers turning to gig platforms for job opportunities during the periods of economic uncertainty.
As the gig economy expands it is becoming an integral part of India’s workforce. However, this growth also highlights the urgent need for regulatory to ensure fair wages, social security, and labor protection for gig workers.
Platforms and Industry
Major platforms which shape the gig economy in India include Uber, which has changed the concept of using the public transport and Swiggy which one of the most used food delivery services. These platforms have created a huge network of workers which fulfill a range of services, for transporting passengers to deliver meals. In addition to uber and Swiggy, platforms such as Ola, Zomato, and Dunzo also play an important role in gig economy. Beyond these gig work has expanded to other sectors as well. For instance, Urban company offers home service ranging from beauty treatments to plumbing while platforms like Freelancer facilitate freelance projects like writing, design, and software development. This sectors growth underscores a fundamental shift in labor dynamics both in opportunities
Human Rights Challenges Faced by Gig Workers
Gig workers in India face significant economic vulnerability due to unstable income and lack of job security. These workers are often paid per task which leads to irregular earning that fluctuate based on demand, leaving then financially insecure. For many gig workers like freelancer singers performing at cafes or comedians doing standup shows in club face irregular schedules, as they rely on gigs being available and venues booking them. Unlike salaried employees, they have no guaranteed monthly income, making it difficult to plan their future and sustain a stable livelihood. In sectors like sectors like food delivering and ride sharing the situation is even worse, as they receive inconsistent earnings. Various surveys reveal that many even struggles to cover basic living expenses due to irregular incomes, which worsened by the absence of minimum wage guarantees
An important challenge in the gig economy is the lack of social security for workers. These gig workers do not have access to essential protections like health insurance, retirement benefits or paid leave. Without these gig workers become financially vulnerable if they fell ill or suffer from any injury. In a survey by the Indian Federation of App-Based Transport Workers (IFAT), over 95% of gig workers reported lacking health or accident insurance, this absence of a safety net forces them to plan for medical emergencies or old age out of their limited, irregular incomes, leaving them at financial risk
Delivery drivers and couriers frequently report physical issues such as back pain, fatigue, and stress due to long hours, lack of breaks, and unsafe working conditions. On the other hand, performance freelancers experience mental health challenges including stress of securing gigs and the pressure to continuously perform at a high level. For all gig workers the absence of paid leave or health insurance means that even a minor health issue can lead to severe income loss as they must work through their ailments to earn a living.
Gig workers including platforms based and freelance performers are excluded from many legal protections. They are classified as independent contractors they do not benefit from overtime pay, regulated working hours or formal dispute resolution mechanisms. Without these legal safeguards these gig workers face exploitation low wages, and harsh working conditions. They lack a formal means of addressing grievances making them more vulnerable to unfair treatment and income instability.
Legal Framework and Its Limitations
India’s current labor laws largely fail to recognize gig workers. The Minimum Waged Act, 1948 and Industrial Disputes Act, 1947 apply to formal employees which means that gig workers are excluded form wage protection, regulated working hours or collective bargaining rights. The law does not accommodate gig work’s flexibility and its fluctuating nature, leaving these workers without legal standing to challenge unfair compensation or unsafe working conditions.
The New Labor Codes (2020), particularly the Code on Social Security, 2020 aims to address this issue by including gig and platform workers. This includes both digital platform workers as well as those in more traditional gig industries such as freelance musicians or comedians. The new codes acknowledge gig workers but fail to provide full labor rights. While the Code on Social Security assured the establishment of a social security fund however, its implementation is still not clear and protections like minimum wage guarantees and overtime pay are also not addressed. For freelancers int he performance industry or platform-based workers these gaps leave them without proper legal safeguards.
A major legal case for gig workers’ right is the IFTAT vs Uber petition in India which is to grant social security rights to gig workers, the petition argues that platform like Uber and Swiggy should be responsible for providing social benefits, treating workers as employees under existing laws. Similarly, freelance performers like singers and comedian often struggle with disputes over compensation and the lack of formal contracts leading to unfair treatment by venues or event organizers
In conclusion I would like to add that as gig work continues to grow there is an urgent need for regulatory reforms that protect these worker’s fundamental rights, from fair compensation to health and safety protections. India must build a framework that balances flexibility with security, ensuring gig workers whether they platform on a stage or deliver food are not left vulnerable to exploitation.
