Introduction
India’s digital aspirations are rapidly transforming the country’s economic landscape and labor market. With a population of over 1.3 billion people and a growing middle class, India has emerged as a global leader in the digital domain, with ambitious goals to leverage technology for economic growth and social development. The government of India has been actively promoting digital initiatives and labor reforms to create an enabling environment for the country’s digital future.
One of the key pillars of India’s digital aspirations is the push for digital inclusion. The government has launched various initiatives such as Digital India, which aims to provide universal digital access to all citizens, particularly in rural areas. These efforts have led to the rapid adoption of digital technologies across sectors, including e-governance, digital payments, e-commerce, and e-healthcare, among others. This has created new opportunities for employment and entrepreneurship, while also raising expectations for improved governance and service delivery.
Another important aspect of India’s digital aspirations is the focus on skilling and up-skilling the workforce. The government has launched several skill development programs, such as Skill India, to bridge the digital skills gap and equip the workforce with the necessary skills to thrive in the digital economy. This has become critical as the demand for digitally skilled workers has increased significantly, particularly in emerging areas such as artificial intelligence, data analytics, and cybersecurity.
In addition to digital inclusion and skilling, India’s digital aspirations are also closely tied to innovation and entrepreneurship. The government has been promoting start-ups through initiatives like Start-up India and setting up innovation hubs and incubators across the country. This has fostered a vibrant start-up ecosystem, which is driving innovation and creating new job opportunities, particularly for young entrepreneurs.
However, the realization of India’s digital aspirations also requires labor reforms to adapt to the changing nature of work in the digital era. This includes flexible work arrangements, social protection for gig workers, and up-gradation of labor laws to keep pace with the evolving digital economy. These labor reforms are aimed at creating a favorable environment for workers to thrive in the digital economy, while also ensuring their rights and welfare are protected.
Overall, India’s digital aspirations are poised to shape the country’s economic and social future. The intersection of labor reforms and digital initiatives is crucial in advancing India’s digital future, as it seeks to create a sustainable and inclusive digital economy that benefits all stakeholders. By leveraging the power of technology, skilling the workforce, fostering innovation, and implementing progressive labor reforms, India is well on its way to realizing its vision of a digital India.
The increase in digitization process is closely associated with the changes in labour and social security laws. The influence of digital technology in the modern society is constantly growing and with it the economy, the sphere of Communications, culture and other ranging entities are changing, the influence of modern technology includes digital twins, internet of things, and artificial intelligence. When we talk about digital economy we talk about how industrial Tasks which were earlier performed by manual labour are now increasingly been replaced by the algorithmicizing of the underlying digital presence in accordance with expansion of tools and complex computer programs which transfer employee functions to an automated procedure transforming the effectiveness and the Industrial Relations to a more straightforward and adept configuration.
Today we live in a society which has entered the era of digital transformation characterized by Rapid development of digital technology, their mutual strengthening, and the inception of modern industry grade tech in services, resource and manufacturing sectors supplemented by AI and IoT is effectively barring human involvement. A Stark reflection of current scenario will give us a glimpse of the fact that this technological advancement towards digitization of labour is not only limited to countries who are World Technology leaders but are also seeping their way through in the territories of economies who are decades behind in technological superiority such abrupt changes affect the state of employees. with the new forms of non-standard employment being developed and perceived the capabilities of the employer require response from the law.
Ideally the labour law needs to lead the digital resolution in the labour sphere and to protect the rights of workers who are considered generally as weak side of the labour relations.[1] There happen to be some prerequisite for digitization conditions of labour, first of all the relative factors include economic development the actual and widespread emergence of Industrial Relations coupled with the digitization efforts and the current scenario allow a more efficient and involved entrepreneurship with activities for employees exercising their labour function outside the employer regulation or jurisdiction. Secondly the prerequisite of Technological conditions and its wide distribution which involves the deep digitization of society deployments of extensive network of modern telecommunication facilities and provisions for realization for the use of these modern facilities by the aimed user of the digital product. Another important prerequisite is the fact that new legal and Labour regulations in the society has become a norm of the changing economic structure and the challenges of the economy in the society however it is this regarding the fact that changes in structural and financial features of an economy depends upon the Inception of modern technology along with its acceptance in the society. Current labour legislation need to have an shifted emphasis on the intangible goods and services which is a result of modern technology amalgamated with the economic trends. For example, the development of legislation on remote labour may be in context of its economic need but without the technological support of society will only be a simulation of the legal regulation of relevant group of social relations which cannot spread widely.[2]
Individuals for responsible for managing the legislation in India must focus on the fact that what processes are taking place in the society in connection with development of digital technology and labour what are the impacts of these process on labour sphere as demonstrated by new legal structures and trends and development of legal regulation has been outlined by different scenarios and challenges in light of recent developments.
We have to consider the scenario that the society and economy have transcended to such a stage where it is both it discontinuous, event driven and evolutionary the ancient artifacts of per-Industrial and traditional agrarian society characterized by natural and Agriculture economy is substituted by Industrial society which is driven by technological progress vested upon a developed industrial base.
AK Solovyov Express the fact that digitization of economy radically changes the entire system of Industrial and economic relations in labour market between its participants employees and employer.[3] It can be considered as a starting point for the conception of digital changes in a society however it is not the sole point of understanding, as digital technology is directly affected by the ability of economically active people to work and provide for the livelihood, employment, unemployment and as the changes in labour garner the fundamental need for provision of social protection in both quantitative and qualitative characteristics.[4] it is a well-established fact that as the society and economy changes it requires a change in legal regulations as well. Change the development of Information Technology and Systems has led to change in the place and role of a person in production process and there has to be a change in the legal processes as to how the new system needs to be governed so that it can mitigate the social risk guarantee the mitigated industrial injuries both in virtual and physical space as well as creating a transformation of social security from need based to potential based security concerns. On the other hand, changes in structure of employment may lead the social residue to instability of labour market because of situational changes which can affect the volume and content of the needs of the participants in the relevant social relations as well as the sphere in which they are met.[5]
From a regulatory perspective labour represents a “moving target”[6] consolidating the wide-ranging conditions into concrete working structures and its related sub sectors, the crucial question there by is that whether the existing legal Framework provide adequate responses to the current digital challenges. This has there by reformed the questions of rules and Standards as how good the application is for the new legislation and weather the relationship between law and technological progress is able to keep pace with the new forms of innovation. Until very recently little systematic effort has been made to establish how existing regulations should apply without taking unnecessary dispute upon itself in relation to the mapping of different spectra of challenges pertaining to Innovation and law.[7] one thing is certain that the claim that existing loss should be removed in order to make wave for laws which better support digital labour interest is not valid.[8] Policy makers today have adopted a wait and see attitude in respect to Labour Law perspective. However, this in the embryonic phase of labour law would have been a welcome to choose, but in the age of innovation and industry this wait and see approach is having adverse impacts on the digital initiative and work concerning digital labour[9]. Today it is made clear from a purely legal point of view that digital program enabled labour does not exist as there is no watertight dimension of economy and labour market[10], because of the fact that different forms of digital labour differ very much from one another in such manner that the intrinsic heterogeneity makes it hazardous to generalize labour in one particular form or definition. It is fact that wide spectrum conditions of the app economy are increasingly becoming consistent and unambiguous but in absence of any solid legal regulation because of the divided board on the issue on one hand there are individuals were saying new laws are to be made which will govern the digital labour on the other hand there are individuals who are of the opinion that the newness of the platforms does not justify any special treatment given to them. In the meantime, platform(s) have grown pretending not to be covered by already existing regulations and are preparing tactics of being one of the “fait accompli” for instance platform base labour is peculiarly aligning itself with “atypical employment” comprising of part time, fixed return, contract, and temporary agency workers.[11]
Legal Frameworks for Casual Work: On-Call Work, Voucher-Based, And Zero-Hours Contracts
Under the categorization of non-standard forms of work, platform-based working templates fall under the subgroup of app-driven casual arrangements rather than self-employment. These arrangements offer flexibility to the employer, who can call workers in on demand without any obligation to provide them with work regularly, as noted by Euro found. However, such arrangements are problematic due to informality, low wages, and abuses prevalent in the crowdsourcing and work on demand via platform sector. The resulting precarity for workers is multifaceted. Firstly, the low guaranteed hours lead to insufficient income under the contract. Secondly, the intermittent nature of the hours offers flexibility to the employer/client but leaves the worker with insecurity and instability. As the employer is only obligated to pay for completed work and not provide work, workers may have to wait for the next work order, preventing them from organizing their schedule ahead. Thirdly, the employer has the freedom to adjust the hours to the contractual minimum according to their needs, similar to a situation where workers can be dismissed without notice. These vulnerabilities make it exceedingly difficult for workers to enforce their rights, and any challenge or inconvenience to the employer can lead to ad hoc termination[12].
Non-standard work arrangements are a subset of the trend toward greater flexibility in the labor market, which can have negative implications for workers. These types of arrangements are characterized by the employer’s authority to determine the location, timing, and nature of the work to be performed. In many cases, workers in these arrangements have a “continuous employment relationship without continuous work,”[13] which can lead to precariousness. Employers, who are typically responsible for bearing the economic risk, may shift business risk onto workers. Despite the complexity of these arrangements, on-demand work can be seen as a series of voucher-based contracts facilitated by digital intermediaries.[14]
One can contend that formulating exclusive legislation to govern work conducted on digital platforms may not yield the desired outcomes. Rather, it is imperative to account for the unique features of each work arrangement and devise customized strategies accordingly. Unnecessary regulatory burdens should be averted, and the notion that the platform industry is inherently distinct from conventional sectors should be refuted. The intricate entanglement of modern and pre-existing challenges is the fundamental cause of why gig work has attracted substantial attention in recent times. In essence, this analysis presents an open-ended assignment, as scrutinizing the platform economy has engendered a much wider discourse on the future of work.
To address labor market fragmentation and inequality, it is important to maintain a clear distinction between self-employed workers and those in an employment relationship. This requires a flexible interpretation of the employment concept and the fullest use of the existing legal framework, taking into account the diversity of employment arrangements and contexts. Another solution is to close legal loopholes that encourage exploitative practices by a few dishonest companies[15]. Many scholars have called for expanding the rights of online workers, including unionization, collective bargaining, social security, and legal protection such as minimum wage laws. Existing regulations should be strengthened to prevent online workers from being excluded from labor rights[16]. Currently, platforms are mostly self-regulating and operate outside the legal system[17]. While internal mechanisms can help enforce some legal standards, self-regulation does not provide a complete solution.
Outcomes of the Current Changing Trends in The Wake of Digitized Labour and The Engagement of Existing Labour Laws:
The advent of digital technologies is pushing legislators to create new laws that regulate relationships that are either new or changing rapidly. Among the relationships affected are labor relationships, which are experiencing significant transformations brought about by:
1) the growing trend of using digital methods to monitor job performance of workers by employers;
2) the increasing degree of automation in production as a result of the use of robots and complex computer programs with artificial intelligence components that perform tasks that used to be done by human workers;
3) the proliferation of algorithmic control, where artificial intelligence systems supervise production processes; and
4) the rise in the number of individuals performing work through online platforms.[18]
Labour law specialists are emphasizing the expanding challenges in the labour sphere that have arisen as a result of the deployment of digital technology. Among these specialists are European researchers such as Professor M. Gruber-Risak, who sees the ongoing process of technology adoption in manufacturing as a big threat to employees and urges for labour legislation to intervene in order to avoid this situation.
Another Oxford professor, J. Adams-Prassl, has focused on societal hazards that have evolved in the context of the economy’s digitization, as well as the necessity to address different critical challenges through law.
Another European author, Professor V. de Stefano, investigates the impact of digital technology on employment and changes in the need to regulate legal labour relations. In his works, he emphasizes the importance of considering the rapid expansion of artificial intelligence technologies in the sphere of labour when developing and enforcing regulations, as well as the dangers posed by the use of neurotechnology in the labour process, which necessitates stringent controls.
Professor F. Hendricks, another specialist from Leuven Catholic University, argues that the digital transition has reduced privacy and emphasizes the significance of enacting more strict criteria for safeguarding employee information in the legislation. These legal experts from prominent research institutions throughout the world argue that it is critical to pay special attention to the expanding wave of labour reforms that endangers employees’ well-being.[19]
What Can and Should Ensure Employment Rights in Such a Situation?
The recommended legal measures to address the challenges arising from the use of digital technologies in the workplace are three-fold.
First, strict limitations must be imposed on the use of digital technologies for employee monitoring, with particular attention given to the use of neuro-gadgets that infringe on employees’ privacy by “reading” their emotions and thoughts.
Second, workplace safety requirements must be established for jobs that involve close interaction with robots equipped with artificial intelligence and capable of self-training. The law should also require employers to provide quotas for jobs to protect workers from displacement by robots and determine whether employers’ preference for robotics over human workers is justified.
Finally, employees should be guaranteed access to training programs that increase their proficiency in digital skills to enable them to continue working in the face of technological advancements.
Conclusion:
Digital technologies are rapidly evolving and constantly changing, which can create uncertainty and volatility in the labor and social security regulations that govern their use. However, these same technologies also hold immense potential to promote stability in these areas.
For instance, digital technologies can provide more accurate and transparent records of employment, wages, and benefits, which can help prevent fraud, reduce disputes between employers and employees, and ensure that workers receive fair compensation for their labor. They can also help streamline and automate administrative processes, such as tax withholding and benefits enrollment, reducing errors and delays.
In terms of social security regulations, digital technologies can facilitate more efficient and effective delivery of benefits and services, such as healthcare and social assistance, to those in need. They can also enable better monitoring and management of social security systems, allowing for more targeted interventions and reducing waste and fraud.
Furthermore, digital technologies can help to promote greater flexibility and adaptability in labor and social security regulations, allowing for faster responses to changing needs and circumstances. For example, remote work arrangements made possible by digital technologies can allow workers to maintain employment during periods of illness, disability, or family care giving responsibilities.
Overall, while the use of digital technologies in labor and social security regulations may bring some volatility and uncertainty in the short term, their potential to enhance efficiency, transparency, and adaptability can ultimately contribute to greater stability and resilience in these areas.
References:
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[2]S.Yu. Chucha, Modernization of legal regulation of remote labor in Russia: prerequisites, conditions, prospects, Bulletin of Omsk University. Series: Law, 18(2), 64-73 (2021)
[3]A.K. Soloviev, Digital economy is the main challenge to social and labor relations, In the collection: Management of innovative and investment processes for the formation and development of industrial enterprises in the digital economy, pp. 207-213 (2018)
[4]Yu.V. Ivanchina, E.A. Istomina, Digitalization of social and labor relations in a changing world: comparative legal analysis, Bulletin of Tyumen State University. Socio-economic and legal research, 6(4), 192-213 (2020)
[5]S.H. Dzhioev, To the question of the optimal model of labor legal relations in the conditions of digitalization, Gaps in Russian legislation, 13(5), 92-96 (2020)
[6]Garben S., Protecting Workers in the Online Platform Economy: An overview of regulatory and policy
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[7]Huws U. And Joyce S. (2016), The economic and social situation of crowd workers and their legal status in Europe, op. cit., p. 4. (2016)
[8]Deakin S. And Markou C., London Uber ban: regulators are finally catching up with technology, retrieved from https://goo.gl/fpgTMM(2017, September 25)
[9]Lenaerts K., Beblavý M. And Kilhoffer Z., Government Responses to the Platform Economy: Where do we stand?, CEPS Policy Insights No. 30, p. 5 (2017)
[10]De Stefano V., The rise of the “just-in-time workforce”: On-demand work, crowd work, and labor protection in the “gig economy” in Comp. Lab. L. & Pol’y J., 37(3), p. 472 (2016)
[11]Bell M., Between flexicurity and fundamental social rights: the EU directives on atypical work in European Law Review, 37, p. 36 (2012)
[12]Garben S., Kilpatrick C. And Muir E., Towards a European Pillar of Social Rights: upgrading the EU social acquis, College of Europe Policy Brief, 1, pp. 4-5. (2017)
[13]Valenduc G. And Vendramin P., Work in the digital economy: sorting the old from the new, WP ETUI, No. 3, p. 34. (2016)
[14] Freedland M. R. And Prassl J., Employees, Workers, and the ‘Sharing Economy’: Changing Practices and Changing Concepts in the United Kingdom, University of Oxford, Legal Research Paper Series, No 19 (2017)
[15]Codagnone C., Abadie F. And Biagi F., The Future of Work in the ‘Sharing Economy’. Market Efficiency and Equitable Opportunities or Unfair Precarisation? (2016)
[16] De Stefano V., Labour is not a technology – Reasserting the Declaration of Philadelphia in Times of Platform-Work and Gig-Economy in IUSLabor, 2, p. 1-16. (2017)
[17] Finck M., Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy, LSE Legal Studies Working Paper No. 15/2017. (2017) Available at SSRN: https://ssrn.com/abstract=2990043
[18] I.A. Filipova, Algorithmization: impact on the labor sphere and its regulation, Russian Justice, 11, 12-14 (2020)
[19] Yu.V. Ivanchina, E.A. Istomina, Digitalization of social and labor relations in a changing world: comparative legal analysis, Bulletin of Tyumen State University. Socio-economic and legal research, 6(4), 192-213 (2020)
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