PLATFORM WORKER SAFETY IN INDIA’S GIG ECONOMY: BRIDGING LEGAL GAPS FOR OCCUPATIONAL PROTECTION

AUTHOR – GUGAN RAJ, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – GUGAN RAJ, PLATFORM WORKER SAFETY IN INDIA’S GIG ECONOMY: BRIDGING LEGAL GAPS FOR OCCUPATIONAL PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 472-477, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The gig economy in India, significantly supported by platforms such as Uber, Swiggy, and Zomato, has provided employment opportunities to millions in flexible arrangements. These platform workers are classified as independent contractors, which exempts them from the scope of traditional labor laws in most respects, particularly concerning occupational safety. This paper examines the extent of protection and benefits provided to platform workers by existing Indian workplace safety laws, particularly the Labour Codes enacted in 2019-2020 and the Social Security Code, 2020. Statutory analysis, case law review (including IFAT v. Union of India), and comparative insights from the United Kingdom, United States, and European Union will reveal the significant legal gaps. State-level innovations include promising welfare mechanisms such as accident insurance and algorithmic transparency in Rajasthan’s 2023 Act and Karnataka’s 2024 Bill, but these measures do not fully encompass the definition of employee. Judgments have thus far failed to resolve ambiguities regarding employment status, hindering the implementation of safety mandates. While the Union Budget, 2025, and the proposed national law are progressive, they are plagued by the common issue of delayed regulations and resistance from platforms. Reclassifying gig workers under occupational safety laws and implementing mandatory protections is essential to uphold constitutional rights and equitable labor standards within India’s digital economy. The article concludes that harmonizing fragmented state initiatives under a national framework is crucial for maintaining these standards.

Keywords: Gig economy, Platform workers, Occupational safety, Labour Codes, Social Security Code, Legal reform, Worker classification, Algorithmic transparency.