Explore the Blinkit controversy, shedding light on the lack of rights for gig workers in India. Learn about existing challenges, legal protections, and the urgent need for comprehensive legislation to safeguard gig workers’ rights and well-being.
Gig workers are individuals who work on a project or on task basis; they are often referred to as freelancers, independent contractors, or platform workers who work through digital platforms, rather than being employed as traditional full-time or part-time workers. Since, gig workers are not covered in the traditional definition of an employee, they do not receive the same benefits and protections as conventional workers.
Owing to the rise of the gig economy, the concept of ‘gig workers’ has emerged in India but there is no specific Indian statute that provides a definition of gig workers. However, the State’s proposed Code on Social Security defines gig workers as “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationships,” this law among other things provides social security benefits to gig workers. Indian Gig-workers don’t find a mention in any of the three codes relating to minimum wages, industrial disputes and health and safety work environment which means that the only ray of hope for them is the Code on Social Security, 2020 which is yet to be operationalized, thus rendering the rights a ‘dream of the distant future.’
This lack of statutory recognition poses many challenges to gig workers in India, despite these challenges, there are some protections available under The Constitution of India and other Indian labour statutes. For example, the gig workers are entitled to receive minimum wages as per the Minimum Wages Act, 1948. The gig workers are also entitled to receive gratuity under the Payment of Gratuity Act, 1972, if they have completed five years of continuous service with the same employer. The gig workers are also covered under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, which provides for the creation of a Provident Fund for the benefit of the employees.
Even though these statutes provide some respite to the ‘Gig-workers’, there exist some prima-facie differences in the rights given to other labours in India in comparison with gig workers. For instance, traditional employees are entitled to receive paid leave, such as sick leave and maternity leave, while gig workers are not entitled to any leave. Similarly, traditional employees are entitled to receive health benefits under the Employees’ State Insurance Act, 1948, while gig workers are not covered under this Act.
The COVID-19 pandemic made gig-workers an essential workforce who fulfil a crucial role in the society and the gig economy is expected to grow further in the coming years. Therefore, it is important to recognize the contribution of gig workers to the economy and to provide them with adequate rights and protections under Indian labour laws. Some legal rights that should be provided to gig workers in India include:
1. Classification as employees: Gig workers should be classified as employees under Indian labour laws, which will provide them with the same rights and protections as traditional employees.
2. Social Security Benefits: Gig workers should be entitled to receive social security benefits, such as health benefits and pension benefits, under Indian labour laws.
3. Paid Leave: Gig workers should be entitled to receive paid leave, such as sick leave and maternity leave, under Indian labour laws.
4. Protection from Discrimination: Gig workers should be protected from discrimination on the basis of race, gender, religion, or any other grounds, under Indian labour laws.
Augmentation and recognition of these rights becomes more crucial in the wake of ‘Blinkit- Gig workers’ controversy. The Blinkit gig workers deliver a wide range of products, including food, groceries, medicines, and documents, to customers across India. One of the key issues faced by Blinkit gig workers is low pay. The company pays its delivery executives on a per-delivery basis, which means that they do not receive a fixed salary or any other benefits such as health insurance, paid leave, or pension benefits. Another issue faced by Blinkit gig workers is lack of job security and working conditions. Delivery executives often have to work long hours and deal with difficult working conditions, such as traffic congestion and inclement weather. There have also been reports of delivery executives being harassed or assaulted by customers or facing other safety risks while on the job which led to protests and strikes by Blinkit gig workers. Overall, the controversy surrounding Blinkit highlights the challenges faced by gig workers in India and the need for better protections and rights under Indian labour laws.
In 2021, the Union budget promised minimum wages and insurance cover for ‘all categories of workers’. To fulfil this promise the labour ministry in consultation with companies and industries is trying to devise a suitable social security schemes for gig-workers but has reaped no fruits. Till India awaits thorough codified legislations for protection of gig workers some interim reliefs should be provided under Article 14 and 21 of the Indian Constitution that guarantee them rights to fair conditions of work and equality and Article 23 which provides protection against the exploitative behaviour by these platforms.
REFRENCES
1. https://www.ilo.org/wcmsp5/groups/public/—dgreports/—dcomm/documents/publication/wcms_845714.pdf
2. https://www.worldbank.org/en/news/feature/2015/12/22/regulating-the-gig-economy
3. https://www.bbc.com/worklife/article/20220308-why-gig-work-is-so-hard-to-regulate
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