Government Defends Gig Workers’ Rights, Highlights e-Shram

Why in the news?

The Supreme Court reviewed a petition alleging gig workers’ rights violations, as the government defended its e-Shram portal and 2020 Social Security Code addressing unorganised workers.

Government Defends Gig Workers' Rights, Highlights e-Shram

Government’s Position and e-Shram Portal

  • The Union government informed the Supreme Court that gig workers’ fundamental rights are not violated.
  • The government cited the e-Shram portal, launched in October 2021, as a platform for unorganised workers, including gig workers, to access welfare schemes.
  • An advisory was issued in September 2023, urging platform aggregators like Zomato and Uber to encourage worker registration.
  • The government’s affidavit argued that benefits are available based on scheme eligibility, denying violations of Articles 14, 21, and 23 of the Constitution.

Petition by Gig Workers and Allegations

  • Filed by the Indian Federation of App-Based Transport Workers (IFAT) in 2021, the petition accused platforms of misclassifying workers as independent contractors.
  • It sought recognition of drivers and delivery workers as “workmen” under laws like the Workmen’s Compensation Act, Industrial Disputes Act, and EPF Act.
  • Petitioners claimed misclassification denies them entitlements and social security benefits.
  • The Supreme Court directed the Centre to respond by December 17, with the case scheduled for a January 2024

Criticism of the Social Security Code

  • Critics argue the 2020 Code on Social Security inadequately protects gig workers, offering discretionary rather than statutory benefits.
  • The e-Shram portal has integrated 12 welfare schemes but lacks clarity on gig worker registration numbers.
  • Advocates highlight that organised sector benefits are not extended to gig workers, leaving significant gaps in their welfare.

Gig Workers and Initiatives in India:

  • Defined under Code on Social Security, 2020, including platform-based (e.g., Zomato delivery workers) and non-platform-based workers (e.g., domestic workers).
  • Growth driven by technology, urbanization, and consumer preferences.
  • Steps Taken:
  • Code on Social Security, 2020: Extends social security benefits to gig workers.
  • Code on Wages, 2019: Ensures universal minimum and floor wages.
  • e-SHRAM Portal: Central database for unorganised workers, including gig workers.
  • PMSBY: Accidental insurance of ₹2 lakh/year for eligible workers.
  • NLSUI Collaboration: Assisting in developing schemes for gig workers, supported by EPFO MoU.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times