“LEGAL STATUS AND SOCIAL SECURITY OF GIG AND PLATFORM WORKERS UNDER CODE ON SOCIAL SECURITY : A  CRITICAL ANALYSIS”

AUTHOR – KAAMINI.P, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – KAAMINI.P, “LEGAL STATUS AND SOCIAL SECURITY OF GIG AND PLATFORM WORKERS UNDER CODE ON SOCIAL SECURITY : A  CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 496-504, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The rapid expansion of the gig economy, driven by digital platforms and technological advancements, has significantly transformed traditional labour markets across the globe, including India. Gig and platform workers—such as ride-sharing drivers, food delivery personnel, and freelance digital service providers—operate in a flexible yet precarious employment environment that falls outside the ambit of conventional labour laws. Recognizing this emerging workforce, the Code on Social Security, 2020 marks a landmark development in Indian labour jurisprudence by formally acknowledging gig and platform workers and attempting to extend social security benefits to them.This paper critically examines the legal status and social security framework applicable to gig and platform workers under the Code on Social Security, 2020. It explores how the Code defines gig and platform workers as distinct categories separate from traditional employees, thereby excluding them from core labour protections such as minimum wages, job security, and collective bargaining rights. While the legislation introduces welfare-oriented measures, including provisions for life and disability insurance, health benefits, and old-age protection, these schemes remain largely discretionary and dependent on governmental implementation.The study highlights the inherent tension between flexibility and security within the gig economy, emphasizing that the absence of a clear employer-employee relationship results in a “legal vacuum” where workers possess limited enforceable rights. It further critiques the contribution-based funding mechanism involving aggregators, pointing out its potential inadequacies and implementation challenges. Additionally, the paper addresses practical concerns such as digital exclusion, lack of awareness, and administrative inefficiencies that hinder effective access to social security benefits.

Keywords:  Gig workers, Platform workers , Gig economy ,Platform economy , Code on Social Security, 2020 ,Legal recognition ,Legal status .