Abstract
Recently, in November 2025 the Three Labor Codes have been implemented by the Government. Gig workers are specifically in focus under these codes because for the 1st time, Gig workers have been given statutory recognition in India. However, this raises a substantial number of questions, about their rights under the Acts, impact on various stakeholders involved etc. This paper focuses on various aspects including the current situation of gig workers, rights of gig workers, their recognition and registration procedure prescribed under the Act, types of gig workers, and their rights under the Act. Moreover, it focuses on the critical analysis of the act. It focuses on the loopholes and the gaps under Social Security Code 2020.Furthermore, the paper analyses the Socio-Economic Conditions of gig workers, Comparative international perspective with various laws of other countries, it also analyses the role of various stakeholders under the Act. It focuses on the analytical study of the act and the challenges involved by its implementation. Moreover, the paper focuses on the constitutional analysis of the Code and its comparison with various other existing laws with respect to the rights of gig workers. Lastly, the paper suggests some policy recommendations for the gig workers.
Keywords: Gig Workers, Social Security Code 2020, Socio- Economic Conditions og Gig Workers, Judicial and Regulatory Developments
INTRODUCTION
As per the report “India`s Booming Gig and Platform Economy” by NITI Aayog, 2022, the number of gig workers and platform workers in India was 7.7 million in 2020-21 and is expected to rise to 23.5 million by 2029-30.[1] Similarly, as per a report by Boston Consulting Group[2] India’s gig workforce across industries such as software, shared services, and professional services comprises 15 million and is expected to grow by 23% by 2025[3].It shows that the gig economy is expanding rapidly in India, especially with the entry of companies such as Ola, Uber, Swiggy, and Zomato. In general, Gig workers refer to those workers who earn from digital platforms, particularly outside an employer-employee relationship[4]. For example, food-delivery partners, freelance designers, at-home service providers etc[5]. Therefore, it becomes important to recognise their rights and liabilities and take into consideration various issues related to their instable income and lack of job security.
[1]Press Information Bureau, https://www.pib.gov.in/PressReleasePage.aspx?PRID=2035286(last visited on 14 October 2025).
[2]DrishtiIAS,https://www.drishtiias.com/pdf/1588414679-concerns-over-use-of-bcg-vaccine-who.pdf(last visited on 14 Oct. 2025).
[3]Parliament of India, The Code on Social Security, 2020 (Act No. 36 of 2020), (came into force from 3 May 2021), ch. IX (Social Security for Unorganised Workers, Gig Workers & Platform Workers) — definitions & provisions relating to gig workers, available at: https://www.indiacode.nic.in/handle/123456789/16823 (last visited on 14 October 2025).
[4] Agreima Tyagi, Sakshi Joshi & Aneesh K. A., The gig economy is booming—but hardly any protection for workers, Policy Circle, (2025), available at: https://www.policycircle.org/opinion/india-gig-economy-gig-workers/ (last visited on 14 October 2025).
[5] NM Law, Employment Disputes in Gig Economy, (Date of Publication: [n.d.]) available at: https://nmlaw.co.in/employment-disputes-in-gig-economy/ (last visited on 14 October 2025).