GIG WORKERS AND PLATFORM ECONOMY: ARE THEY ADEQUATELY PROTECTED UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS

AUTHOR – YUKTHANKITHA K, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – YUKTHANKITHA K, GIG WORKERS AND PLATFORM ECONOMY: ARE THEY ADEQUATELY PROTECTED UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 585-590, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The emergence of the gig economy has fundamentally altered the traditional employer–employee relationship, introducing flexible, task-based work mediated through digital platforms. While this transformation has generated employment opportunities and contributed to economic efficiency, it has also created significant regulatory challenges, particularly in relation to occupational safety, health, and working conditions. Gig workers, including ride-hailing drivers, food delivery personnel, and freelance service providers, operate outside conventional employment frameworks and are typically classified as independent contractors. This classification often excludes them from statutory protections available under labour laws.

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) represents a major reform in India’s labour law regime, consolidating various laws related to workplace safety. However, its applicability to gig and platform workers remains ambiguous due to definitional limitations and structural gaps. This research critically examines whether gig workers are adequately protected under the OSH Code, 2020 by analysing statutory provisions, judicial interpretations, and practical realities.

The study reveals that despite the progressive intent of the Code, gig workers remain largely excluded from its scope due to their non-recognition as “workers” under the legal framework. The absence of clear employer accountability, lack of workplace definition, and weak enforcement mechanisms further exacerbate their vulnerability. The paper concludes that comprehensive legislative reforms are necessary to extend occupational safety protections to gig workers and ensure equitable labour standards in the platform economy.