Open Access Research Article
FROM LEGAL RECOGNITION TO EFFECTIVE PROTECTION: A CRITICAL ANALYSIS OF SOCIAL SECURITY RIGHTS OF GIG AND PLATFORM WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020.
Abstract
The emergence of the gig
and platform economy has fundamentally transformed the nature of employment
relationships in India. Digital platforms have created new livelihood
opportunities in sectors such as transportation, food delivery, e-commerce,
domestic services and professional freelancing. However, the flexibility
associated with platform-based work is frequently accompanied by income
insecurity, occupational risks, the absence of conventional employment benefits
and uncertainty regarding the legal status of workers. Against this background,
the Code on Social Security, 2020 represents a significant legislative
development by expressly recognising gig workers and platform workers and
providing a framework for extending social security benefits to them.
This article critically
examines whether such statutory recognition translates into meaningful and
enforceable social security protection. It analyses the definitions of gig
workers and platform workers, the scheme-based approach to welfare,
registration requirements, the proposed financing structure and the
institutional role of the National Social Security Board. It further examines
the limitations arising from the continued distinction between employees and
gig workers, the discretionary nature of welfare schemes, the adequacy of
aggregator contributions and the practical difficulties associated with
implementation. The article argues that legal recognition is a necessary but
insufficient condition for social justice in the platform economy. Effective protection
requires clearly defined entitlements, sustainable and compulsory financing,
portable benefits, transparent platform governance, accessible
grievance-redressal mechanisms and meaningful worker participation. It
concludes that India must move from a model of conditional welfare recognition
towards a comprehensive, rights-based and livelihood oriented social security
framework.
Published Paper
Author Details
Authors: YAZHINI.A Registration ID: 1013464 | Published Paper ID: IJLRA13464Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2443-2473
Article Information
FROM LEGAL RECOGNITION TO EFFECTIVE PROTECTION: A CRITICAL ANALYSIS OF SOCIAL SECURITY RIGHTS OF GIG AND PLATFORM WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020.
Authors: YAZHINI.A
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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