Reference: GigWA/VVGNLI/2024/1 11 April,2024

To
Dr.Ruma Ghosh
VVGNLI

Sub: Inputs and suggestions for planning the implementation mechanism for implementing social security for
the gig workers, based on the existing SSCode & Rules

Respected Dr. Ruma Ghosh,

On behalf of Gig Workers Association, we are delighted to learn that the Ministry of Labour and Employment is the
moving forward to deliver social security for the gig workers and platform workers in the light of the Social
Security Code, 2020 that was passed by Loksabha to ensure security for all workers in the unorganised sector
which is 90 per cent of the workforce. The Central Government has amalgamated 9 Labour Laws into the Social
Security Code in order to secure the right of workers for insurance, pension, gratuity, maternity benefit etc. In the
light of the social security code and the rules, we are pleased to submit the following pointers towards the
implementation mechanism for the gig workers in reference to the social security code provisions. In Colum C, we
have placed suggestions for the action forward which may be considered.

Social Security Code Implementations mechanism for the Suggested Action Forward
Provisions for Platform gig workers and issues (C)
workers (B)
(A)

Definitions
Prime Minister had started Companies as aggregators and MOLE should be asking all the
“Shramev Jayate” on 16th employers of the platform workers aggregators to register themselves
October, 2014 at that have not yet granted the status of with the number of workers
moment, while terming the workers for the platform-based gig associated with them and this will be
workers as “Nation Builders”, workers. Noting the recognition of the the basis for tracking the number of
he had said that the power of Ministry of Labour and Employment in registered platform workers on the E-
“Shramev Jayate” for growth the light of E-Shram portal call for Shram portal. Six monthly reviews
of the country was equal to ‘platform workers’ to register, should be conducted for the matching
that of “Satyamev Jayate”. aggregators need to affirm the data of the registered E-Shram
compliance as employers of the workers with that of the aggregators.
platform workers in order to retain
licence to operate as per the Social
Security Code requirements.
Provisions
Workers are given the Platform based workers need to At this stage, E-Shram portal has
benefit of portability through registered and given UAN through issued a call for the platform workers.
Universal Account Number mass registration on E-Shram portal. However, all platform workers are
(UAN) so as to enable them to aware of this call. Therefore, there is
withdraw their provident need to ensure mass dissemination of

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 fund securely from anywhere the call for making all platform
workers aware. Registered Unions
and non-registered Union like Gig
Workers Association could be
engaged in awareness and
registration facilitation process to
ensure 100 percent coverage of the
platform workers at a rapid pace. At
the same time, the Ministry could
issue office orders to all the labour
department heads in the states.
Shram Suvidha Portal Aggregators once filing the returns Aggregators need to be made
need to give the data to Social accountable to deliver social security
Security Fund operating agencies (ESIC through building the same in the
and EPFO, welfare boards and funds payment to the platform workers. Or,
created for the platform workers etc.) social security delivery through
for covering platform workers. At this boards could be made through taking
stage , E-Shram portal is inviting all the cumulative share from the
platform workers to register. Thus, aggregators for the social security
the exact figure of the number of fund. Clarity as to the identity of the
platform workers is not known. This agencies delivering the social security
opaque state of information regarding for platform workers needs to be
the number of platform workers will made in order to ensure 100 per cent
give way to clarity once there is coverage of platform workers.
mismatch between the E-Shram data
of the platform workers and those
provided by the aggregators/ app
based platform owners.
Now, Employees’ Provident These should be extended to all
Fund (EPF), Employees’ platform workers.
Pension Scheme (EPS) and
coverage of all types of
medical benefit under
Employees’ Insurance will be
available to all workers
Opportunity to join ESIC for This is already envisaged in the social Implementation is required.
platform and gig workers security code.
engaged in new technology
Employee State Insurance Aggregators should be taking the This needs to institutionalised with
Corporation share of .75 per cent from the the urgent cooperation of all
platform workers and giving its share aggregators in order to realise the
to ESIC. This will ensure 100 per cent vision of both SHRAMEVA JAYATE and
coverage of the platform workers SATYAMEVA JAYATE since justice for
under ESIC. platform workers in this regards in
overdue. Till now, due to opagueness
of the status of the platform workers,
their social security needs have
remained in the form of unmet
demands which are reflected through
the representations from the unions
of the gig workers such as Gig
Workers Association.
Employee Provident Fund Without charging a single penny from Aggregators needs to be notified for
Organisation the public exchequer, Provident Fund compliance for all platform workers
benefits to the platform workers can on the E-Shram.
be extended. PF deductions can be

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 built in the payments to the workers
which are a deduction of 2.5% from
the payment to the worker and 2.5%
from the employer.
Compensations for lost days Platform workers are not yet given the Compensation for loss of the work
of work due to identity blocks status of the workers. They should be due to identity blocks needs to be
for reasons that are not granted this status and all the ensured as there are cases when this
justiceable. compensations due for workers appears to be happening just for the
should be made available for the sake of forfeiting the security amount
platform workers. in the case of the some aggregators.
Social security to old age For this, the Pradhan Mantri Shram Pension amount as calculated in the
workers of unorganized Yogi Man Dhan Yojana was started, in old pension scheme needs to the
sector which provision was made for pension applied for the platform workers.
benefit of Rs 3,000 per month after Family pension needs for the
reaching the age of 60. This needs to platform workers needs to discussed
should be extended to the platform and instituted.
workers. However , the pension
amount is not at all reflective of the
living needs of old age platform
workers. Driving hard for delivering
goods and services is a service which
is unmatched in the history of
humanity. Therefore, there is a need
to consider a new rate for the old age
platform workers for pensions.
Occupational Safety and Platform workers are working in all This could be delivered through the
Health weathers. Thus, platform workers Social Security Fund and the
should be given loans for the associated welfare funds for the
protection gear such as helmet, platform workers.
raincoats etc. Special studies needs to
conducted for securing robust health
for the platform workers.

The ceiling limit of gratuity Gratuity payments should be Provision for this needs to be notified
has been increased from Rs extended to platform workers. by aggregators /app based platform
10 Lakhs to Rs 20 Lakhs on owners/employers.
29.03.2018

Maternity Benefit Maternity benefits should be

Amendment Act, 2017, which extended to platform workers.
came into effect on Knowing about the child protection
01.04.2017, increased the need, the period should be extended
paid maternity leave from 12 to 36 weeks to ensure proper
weeks to 26 weeks breastfeeding of children during their
first 6 months. This is the standards
call of all child care nutritionists.
Expansion of Social Security
Benefit of pension scheme As stated, earlier platform workers Gig Workers Association in
(EPFO) to all workers of need to be brought under the purview cognizance of the call for registration
organized, unorganized and of EFPO organisation urgently with of the platform workers on E-Shram
self-employed sector due compliance of the aggregators as portal is delighted and hopeful that
employers. platform workers will receive PF
benefits.
Creation of social security This needs to expedited. Social Security Fund creation is the
fund for providing national imperative in order to realise
comprehensive social security the vision of SHRAMEVA JAYATE and

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 to the unorganized sector SATYAMEVA JAYATE both since
platform workers like all workers are
spending their youth for serving the
society at large at their doorstep.
Requirement of minimum This provision should be applicable for Seeking due consent of the
service has been removed for platform workers since they are aggregators in the ethos of the family
payment of gratuity in case of working on a permanent basis with as enunciated in the Industrial
fixed term employees the platforms. As some say gigification Relations code, this is very much
of the tasks is very much part of the possible. G-20 declaration of
world of work now , there is an vasudhaiv kutumbkum unity ethics
urgent need to ensure gratuity calls upon all the stakeholders to
payments for the platform workers. ensure due compliance.
Employees engaged on fixed This provision also creates a Seeking due consent of the
term to get same social favourable legal environment for the aggregators in the ethos of the family
security benefit as permanent grant of same social security benefits as enunciated in the Industrial
employees. that is available to the permanent Relations code, this is very much
workers. possible. G-20 declaration of
vasudhaiv kutumbkum unity ethics
calls upon all the stakeholders to
ensure due compliance.
Creating a national database The exercise for registration of the 100 per cent registration of all
of workers of unorganized platform workers at E-Shram has platform workers needs to ensured
sector through registration on already started. with due social audits in this regard in
Portal. which Gig Workers Association would
like to participate or conduct the
same , should there be an
opportunity or responsibility given by
the ministry .
Employers employing more Aggregators may be requested for Compliance audit for mandatory
than 20 workers to placing the vacancies in offline more reporting of the vacancies needs to
mandatorily report vacancies through print media. be instituted at a frequency that is
online mutually agreed in tripartite
consultations.
A Universal Account Number This is being generated by E-Shram 100 per cent coverage needs to be
(UAN) for ESIC, EPFO and portal. ensured.
Unorganised Sector workers.
Aadhaar based Universal This is being generated by E-Shram 100 per cent coverage needs to be
Account Number (UAN) to portal. ensured.
ensure seamless portability
OSH Code (Occupational,
Safety, Health and Working
Conditions Code) - 202
Anomalies of the Inter-State This provision should be available to Thus, there is a case for giving the
Migrant Workers Act, 1979 the platform based gig workers as option of registering as platform
have been comprehensively well. Platform workers wanting to workers which is currently available
addressed in the OSH Code. move out of the city should be able to under delivery driver.
Earlier only workers register as inter-state migrant
appointed by a contractor workers. Some wanting to engage in
were recognized as Inter- delivery work abroad should be also
State Migrant Workers. able to register as international
However, under the new migrant workers. To wit, there could
provisions of the Code, be cases of some platform workers
workers can be Aatmanirbhar wanting to engage in delivery work
as they can now register abroad. In that case, portability of the
themselves as Inter-State social security benefits should be
Migrant Workers on the ensured.

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 national portal. By this
provision, the worker would
get a legal identity which
would enable them to get
benefits of all social security
schemes.
A provision has been made In the case of platform workers ,this This is possible through social security
for employers to provide facility needs to be made available in fund.
travelling allowance annually order to enable them to have normal
to an Inter-State Migrant relationships in the conventional
Worker for undertaking a to- family settings.
and-fro journey to his native
place
Providing of appointment At this stage, agreements are signed All the social security provisions need
letters to the workers has between the aggregator and the to be integral to the agreements.
been made mandatory. platform workers which needs to
treated as appointment letters.
Mandatory, free annual This provision needs to implemented Compliance audits for the health
health check-up of the for all platform workers in delivering check ups needs to be ensured.
workers to be provided by the goods and services.
employers.
For a worker engaged in What is the provision for the platform It appears Social Security Fund will
building and other workers? Like Government of cater to the needs of platform
construction work in one Rajasthan, will there are formation of workers.
State and moving to another the Welfare Board and Fund for the
State, benefit from the Platform workers.
Building and other
Construction Workers’ Cess
fund will be provided.
Under the “One Nation - One How this one can be extended to Considering the G-20 declaration
Ration Card”, an 17 New international migrant worker and regarding the platform workers, there
Labour Code For New India platform workers registered with apps is need to set up example for
Inter-State Migrant Worker owned by companies abroad? portability of the social security
would get ration facility in the benefits within and across the nations
State he is working in and the in case of both inter-state and
remaining members of his international migrant workers.
family would be able to avail
of the ration facility in the
State where they reside.
Mandatory helpline facility in This needs to be set up for platform Specialists in Counselling Psychology
every State for resolution of workers considering the cases in are required to be recruited by the
Inter-State Migrant Workers’ which grievances are not addressed. aggregators for addressing the
grievances Artificial intelligence is being used. specific issues of the platform
Human access to grievance needs to workers. Gig Workers Association has
be ensured even though that may be documented cases of platform
performed by another platform workers who reached to the state of
worker in grievance redressal and desperation after suffering identity
counselling. blocks by the aggregators. Algorithm
audit will be required as well in order
to assess the reasons of identity
blocks since live identity is must for
carrying on the work of a platform
worker.
National database to be The E-Shram portal should be creating Vasudhaiv Kutumbkum unity ethics
created for the InterState an option for registering both as a needs to be pursued for delivery of
Migrant Workers delivery driver and inter-state or inter- social security for inter-state and

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 national platform worker. For inter-national platform workers.
example, an Amazon worker in India Synchronisation of the laws in this
could choose to work with Amazon regard might be required. For
outside India. In this case, the social example, Indians with work permits
security benefits accruing to him abroad joining platform work while
should remain available to him should living abroad should be able access
s/he choose to work with Amazon social security benefits in India as and
abroad. when s/he wishes to move to India.
Needless to mentions, citizens from
abroad might require the same
facility once there is provision for
granting work permits for some from
abroad here in India.
Instead of 240 days, now if a This 180-day work for platform This needs to brought in the
worker has worked 180 days, workers with average login hours of agreements that platform workers
he shall be entitled for one- more than 8 hours should enable sign with the aggregators.
day leave for every 20 days of them to be granted the status of
work done. worker.
Women empowerment
through the Labour Code
Right to women workers to This provision is already in place. Increasing women’s participation
work in all types of Participation of women in the needs may be pursued.
establishments platform work at this stage is mere 2.3
per cent as per the nation-wide survey
conducted by Janpahal.
Women have been given the This is being granted at Amazon as Safety and facilities audit needs to
right to work at night with night shift slots are being booked by undertaken for securing best
their consent and it has also women workers. observance of standards.
been ensured that the
employer would make
adequate arrangements to
provide safety and facilities to
women workers at night
Maternity Benefit Act was Even if there is one lactating mother, Absence of creche is a hurdle for
amended in 2017 to increase there should be provision for crèche women at establishments employing
the paid Maternity leave for for children. female platform workers at
women workers from 12 to warehouses where their number is
26 weeks and ensure less than 50.
mandatory crèche facility in
all establishments having 50
or more workers.
Industrial Relations (IR)
Code, 2020
In case of job loss, a worker This should be applicable for platform This should be made clear on the E-
will get benefit under the Atal based gig workers. Shram portal in terms of schemes
Bimit Vyakti Kalyan Yojna that are available. At this stage, there
is absence of awareness of the
schemes that are available for the
platform workers.
Under the Atal Bimit Vyakti ESI ,PF and Gratuity for all platform These provisions for the platform
Kalyan Yojna, a worker of workers since all are working for more based gig worker should be made
organized sector who loses than 8 hours as per the national part of the agreement that s/he signs
his job gets financial aid from surveys of Janpahal and IFAT. with the aggregators. That will ensure
the Government. This is a first hand awareness of the social
type of unemployment security benefits. This will be bring in
allowance, the benefit of Respect for the platform workers.

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 which is admissible to the Currently more than 45 per of the
workers covered under the parents have been found not
ESI Scheme approving the platform based work as
per the Janpahal’s nation-wide
RIGHTS Survey.
At the time of retrenchment, This should be available to platform Reasons for identity blocks due to
a worker would Chapter 8 workers whose identities are block skills in navigating the world of web in
New Labour Code For New due to low level of skills in navigating app based platform work.
India 20 be provided 15 days’ the apps.
wages for re-skilling. The
wages would be credited
directly into the bank account
of the worker so as to enable
him to learn new skills
Faster justice to the workers Amazon like platforms should be Suitable inclusion in the agreement
through the Tribunal brought in the purview of the tribunal. between the workers and the
employers is required.
Workers disputes to be Do Do
resolved within a year in the
Tribunal.
Industrial Tribunals to have 2 Do Do
members to facilitate faster
disposal of cases.
In industrial establishments, a Registered Unions has created wings Do
Trade Union having 51 per for the platform-based gig workers.
cent votes shall be recognised Apart from these , unions of platform
as the sole negotiating union based transport workers are being
which can make agreements registered.
with employers.
In industrial establishments in Non registered associations like Gig Do
which no trade union gets 51 Workers Association as a federation
per cent votes, a negotiating of unions need to be called as well.
council of trade unions shall
be constituted for making
agreements with employer.
The Government had been These need to be made available to Do
working for a long time for platform workers having opted the
increasing benefits of the choice of being migrant as well.
Inter-State Migrant Workers.
Initiatives have been taken in
this direction to strengthen
laws for the InterState
Migrant Workers. For Inter-
State Migrant Workers and
the poor, the Central
Government has accelerated
many schemes like Garib
Kalyan, delivery of free food
grains to the homes, et
Wage Code
The guarantee of minimum After the grant of worker status which Incorporation of the grant of the
wages is available to 50 crore apparently has been granted since the status of worker at the E-Shram
workers of organized and ministry is the inviting platform portal needs to acknowledged by the
unorganized sectors. Review workers to register on E-Shram portal, aggregators.
of minimum wages in every 5 all platform workers should have
years. guaranteed minimum wage.

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 According to a nationwide survey of
Janpahal, more than 85 % of the
platform workers are working more
than 8 hours.
On 16.02.2017, Payment of This is already happening in the case NA
Wages Act enabled payment of platform workers. All payments are
of wages to employees by digital.
cheque or crediting it to their
bank account

To remove regional disparity The floor wage regarding the Suitable inclusion in the agreement
in minimum wages the minimum wage for the platform between the workers and the
provision of floor wage has workers as well should be declared. employers is required.
been introduced
The determination of Consumer price index should be Suitable inclusion in the agreement
minimum wages has been factored for determination of the between the workers and the
made easy. It will be based on minimum wages as well. employers is required.
criteria such as skill level and
geographical area

From 28.08.2017 Payment of With the review was due in the year The review period may be adjusted to
Wages Act has increased the 2022 . Post review of minimum wages, the rate of inflation.
wage ceiling from Rs. 18000 this ceiling might go up. Upcoming
to Rs. 24000. reviews year is 2025 if the year of
legislation 2020 is considered the base
year.
Financing the Social Security
A system would be This need to be fleshed out in the Clarity is required and post clarity on
institutionalized for the form of clear definitions as to those the same, the provision of this needs
contributions received from treated as disadvantaged. to be included in the agreement.
employer and worker. The
Government can fund the
contribution of workers from
disadvantaged section.

Social Security Benefits from Social Security Fund should be Gig Workers Association commends
the Social Security Fund urgently declared. the speed of the Ministry of Labour
and Employment in taking forward
the agenda of the platform workers
and urges immediate announcement
of the creation of social security fund
for the platform workers.

IT enabled inspection and

monitoring /facilitation
IT-enabled system for Algorithm audit /inspection will be A special body of IT specialists need
inspection has been made indeed easier which will generate win to formed for examining the
mandatory. win case for all involved. algorithms and compliances.
Summary :
Benefits of Codification • Gig Workers Association (GigWA) Accelerated pace is required in order
Single Registration; Single welcomes all these provisions under to eliminate social security deficits for
License; Single Statement; the Social Security Code and hopes for the platform workers.
Minimum Forms • Common best deal for all the stakeholders.
definitions • Reduction of
Committees • Web-based
surprise inspection • Use of

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 technology – Electronic
registration and licensing. •
Reduction of compliance cost
and disputes

The above suggestions for the Ministry of Labour and Employment are based on current assessment of the felt
needs of the platform workers which we would like to present to seek redress to our memorandum that we
submitted in the month of August,2023 in the light of the Social Security Code,2020.

Gig Workers Association will be grateful for kind consideration.

With warmest regards

Sincerely
For GigWA

Dr. Muhammad Mukhtar Alam

National Coordinator &
Spokesperson, Gig Workers
Association,India
M-9304218610
[email protected]

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