“PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”

AUTHOR – ABRARUL ATHIF, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABRARUL ATHIF, “PROTECTION OF SELF-EMPLOYED UNORGANISED WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 633-642, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically examines the extent of legal protection available to self-employed unorganised workers under the Code on Social Security, 2020 in India. The unorganised sector constitutes a substantial portion of the Indian workforce, within which self-employed workers form a significant segment. These workers, including street vendors, small traders, artisans, and home-based producers, operate outside formal employment relationships and are therefore excluded from traditional labour law protections. Despite their crucial contribution to the economy, they remain one of the most vulnerable categories in terms of social security coverage.

The Code on Social Security, 2020 represents a legislative attempt to extend social protection to all categories of workers, including the self-employed. It introduces provisions for registration, formulation of welfare schemes, and inclusion within a broader social security framework. However, the effectiveness of these provisions in ensuring meaningful protection for self-employed workers remains questionable. The absence of employer-employee relationships, lack of mandatory contribution mechanisms, and reliance on discretionary welfare schemes create significant limitations in the implementation of the Code.

This study adopts a doctrinal research methodology, analysing statutory provisions, judicial developments, and secondary literature to evaluate the adequacy of the legal framework. It further explores the structural challenges faced by self-employed workers, including income insecurity, lack of institutional support, and limited access to welfare schemes. The paper argues that while the Code symbolically recognises self-employed workers, it fails to establish enforceable rights or effective mechanisms to ensure social security coverage.

The study concludes that the protection of self-employed unorganised workers under the Code on Social Security, 2020 remains largely inadequate. It proposes the need for a rights-based approach, clearer accountability structures, and targeted policy interventions to ensure inclusive and effective social security protection.

 KEYWORDS – Social Security Code, 2020, Self-employed Workers, Unorganised Sector, Labour Law Reform, Informal Economy, Social Protection