Gig Workers and Labour Law in India: What the New Labour Codes Mean for Delivery & Platform Workers

Millions of Indians now earn a living through app-based platforms — driving, delivering, or freelancing through digital marketplaces. Indian labour law is only just catching up.

A Milestone, But a Partial One

India’s four consolidated Labour Codes — the Code on Wages, the Code on Social Security, the Industrial Relations Code, and the Occupational Safety, Health and Working Conditions Code — formally recognise “gig” and “platform” workers as a distinct category for the first time in Indian labour legislation, chiefly through social security provisions in the Code on Social Security.

What’s Still Missing

Gig and platform workers remain excluded from the Industrial Relations Code, meaning they currently lack formal collective bargaining rights available to traditional employees — a gap that labour law academics and worker groups argue undermines the freedom of association contemplated under the Constitution.

The Pending Supreme Court Question

A public interest litigation before the Supreme Court, filed by the Indian Federation of App-based Transport Workers, seeks to have gig workers formally recognised as “unorganised workers” under the Unorganised Workers’ Social Security Act, entitling them to statutory social security benefits regardless of how the Codes are ultimately implemented.

What This Means for Platform Workers Today

• Social security coverage under the new Codes is being rolled out, but implementation and enforcement vary by state and platform
• Collective bargaining and unionisation rights remain legally unclear for this workforce
• Disputes over wrongful deactivation, payment disputes, or workplace injury on platform work increasingly require specialist legal advice, as the framework straddles old and new law

Our labour & employment team advises both platform workers and businesses navigating this evolving area of law. Call +91 72860 12736 or WhatsApp us for guidance.