Evolving Policy Landscape of Social Protection for Platform Workers in India

OMI Foundation
33 min readFeb 11, 2025

--

Author: Shahnawaz Khan

Image Source: Carnegie India

Introduction

India’s platform economy is witnessing rapid growth, fueled by urbanisation, widespread smartphone adoption, a rising middle-class consumption pattern, and the availability of a young, aspirational workforce. This sector’s distinctive features — such as flexibility, autonomy, timely and transparent wage payments, opportunities for supplementary income alongside traditional jobs, and low barriers to entry and exit — make platform work appealing across diverse worker categories.

India stands as a global leader in platform labour, contributing to 20% of the worldwide platform workforce (ILO, 24). According to NITI Aayog’s Skill and Employment vertical, India hosted 7.7 million platform workers in 2021. This figure is projected to grow to 23.5 million by 2030, accounting for 6.7% of the non-agricultural workforce and 4.1% of the total workforce in the country (NITI Aayog, 2022).

Thesis statement: This rapidly expanding workforce, with its distinctive and dynamic characteristics, requires a specialised and innovative social security system to support the growth of the platform economy and ensure worker well-being. Both central and state governments in India are responding to this need by developing and implementing various policy measures, including acts, rules, guidelines, welfare schemes and other related initiatives. Consequently, the social security framework for platform workers in India is rapidly evolving in tandem with the growth of the platform economy and its workforce.

Objective: The objective of this blog is to serve as a comprehensive, one-stop resource for all central and state-level policies (both drafted and enacted) related to the social protection of platform workers in India.

Scope and coverage: This blog will cover all central and state-level guidelines, legislations, acts, and rules (both drafted and enacted) related to the social protection of platform workers. In addition to these legal frameworks, it will also include relevant welfare schemes, sector-specific policies, and other government initiatives that directly or indirectly extend social security to platform workers.

Constitutional Provisions of Worker Welfare

Under the Constitution of India, labour issues are addressed in the Concurrent List of the Seventh Schedule, allowing both the Central and State Governments to legislate on matters like social security, insurance, employment, and unemployment, with some subjects reserved for the Centre. Article 23 prohibits human trafficking and forced labour, while Article 24 prohibits child labour in hazardous conditions, ensuring the protection of workers’ rights and welfare. Additionally, Articles 39, 41, 42, and 43 direct the state to secure adequate livelihood, equal pay for equal work, just working conditions, and decent standards of life for all workers. These constitutional provisions ensure that the state upholds the rights and welfare of workers, promoting economic justice and fairness (Furtado, 2016).

Central Level Legislative Provisions for the Social Protection of Platform Workers

Code on Social Security 2020

The Code on Social Security (CoSS) 2020, enacted on September 28, 2020, aims to streamline and strengthen social security for workers across the organised, unorganised, and platform economy sectors. It is the first legislation globally to acknowledge the unique nature of platform work, addressing gig workers, platform workers, and aggregators.

Under Section 114(1), the Code provides for social security measures for platform workers, covering:

  • Life and disability insurance
  • Accident insurance
  • Health and maternity benefits
  • Old-age protection
  • Crech, and
  • Any other benefits determined by the central government

To finance these welfare measures, Section 141(1) of code establishes the creation of a Social Security Fund, which is to be financed through various sources outlined in Section 141(3). This provision specifies that any scheme notified by the central government may be funded through the following means:

  • Wholly funded by the central government;
  • Partly funded by the central government and partly by the state government;
  • Wholly funded by contributions from aggregators;
  • Partly funded by the central government, partly by the state government, and partly through contributions collected from the beneficiaries of the scheme or the aggregators, as specified in the scheme framed by the central government;
  • Funded through the corporate social responsibility (CSR) fund as defined under the Companies Act, 2013;
  • Any other source as specified.

This flexible framework enables the mobilisation of resources from a diverse range of contributors, ensuring the sustainability of social security initiatives. Section 114(4) of code specifies the contribution of aggregators towards the fund which range between 1–2% of their annual turnover, capped at 5% of the total payments made to gig and platform workers. The section 6(1) of code mandates the formation of a National Social Security Board. Section 114(6) specifies that the following members will constitute the board, as listed in table 1.

Table 1: Composition of National Social Security Board. Source: Code on Social Security 2020

This tripartite board, comprising representatives from gig workers, aggregators, government, and civil society, will oversee the design and implementation of welfare schemes funded through the Social Security Fund. Furthermore, Section 113(1) mandates that all platform workers aged 16 to 60 years must register to access these social security benefits. To aid this process, Section 112 allows the government to set up toll-free helplines or facilitation centers to share information on social security schemes for unorganised, gig, and platform workers. The Code on Social Security (CoSS) 2020 is a groundbreaking legislation aimed at providing essential protections and social security to platform workers, which play a pivotal role in the growing platform economy. However, its implementation is still pending.

Draft Code on Social Security Rules 2020

The Ministry of Labour and Employment, Government of India, notified the draft rules for the Code on Social Security (CoSS) on November 13, 2020, establishing a framework for the welfare of platform workers. These rules provide comprehensive guidance on the structure and functioning of the National Social Security Board for Gig Workers and Platform Workers.

  • As per rule 9(2)(a), the Board will oversee the implementation of social security measures for platform workers.
  • Rule 9(2)(b) specifies that each member of the Board will serve a term of three years from the date of their nomination, with a maximum of two terms, as stated in rule 9(2)©.
  • Rules 9(2)© to 9(2)(f) define the composition and appointment process for members of the National Social Security Board for Gig Workers and Platform Workers, specifying the representation from various stakeholders as detailed in Table 2. Notably, these rules address the ambiguity in the Code by clearly defining civil society representation, specifying that five members will be appointed from this group.

The operational procedures for the Board are set out in rule 9(2)(g), which states that a quorum of six members is required for meetings.

Finally, rule 9(2)(h) provides for the formation of an expert committee to advise on worker welfare, the identification of new aggregators, and the assessment of gig and platform workers.

In addition to outlining the governance of the Board, the draft rules also establish the eligibility criteria for platform workers’ registration. They detail the registration procedures, the forms and applications required, the necessary documents, and the methods for self-registration, all specified under sub-section 2 of section 113 of the Code.

Rule 50(2)(a) outlines that all eligible unorganised workers, including specific categories or subcategories under Section 113, are required to register with Aadhaar based on self-declaration through a portal designated by the central government. Section 113 of the Code on Social Security (CoSS 2020) pertains to the registration of unorganised workers, gig workers, and platform workers.

Rules 50(2)(b) & 50(2)© specify the responsibility of aggregators to share information about platform workers with the Board and link their database with the unique registration number as well as facilitating registration of their gig and platform workers on the portal specified by the Central Government.

Rule 50(2)(d) defines the eligibility criteria for platform workers, stating that those who are between the ages of sixteen and sixty, and who have worked as gig or platform workers for at least ninety days in the preceding year, are eligible for benefits.

Rule 50(2)(f) gives the Central Government the authority to define specific eligibility conditions for gig and platform workers to avail benefits under the schemes framed under the Code.

Rule 50(2)(g) requires gig and platform workers to be registered on the portal with details specified by the Central Government in order to access any benefits under the social security schemes.

Furthermore, Rule 51(2) imposes a penalty on aggregators for delayed, reduced, or non-payment of contributions, calculated at a rate of one percent of the contribution amount due to the welfare fund for each month of delay.

Rule 51(3) allows for self-assessment by aggregators of their contributions and provides for a refund of any excess payments. Additionally, rule 51(4) establishes conditions for the cessation of a gig or platform worker’s eligibility, including reaching the age of sixty or if the worker has not been engaged with any aggregator for at least ninety days in the preceding twelve months.

Motor Vehicle Aggregator Guidelines 2020

The Motor Vehicle Aggregator Guidelines 2020, issued by the Ministry of Road Transport and Highways, provides a framework for State Governments to regulate transport aggregators under the Motor Vehicles (Amendment) Act, 2019. These guidelines define key terms such as aggregator, app, and operational areas, and set standards for licensing.

As per the guidelines, the aggregator. as defined in section 1A of the Act, refers to a digital intermediary or market place for the passenger to connect with a driver for the purpose of transportation.

The guidelines defines App as an electronic interface operated by the aggregator or any third party on behalf of the aggregator, which may be accessed through a computer source or a communication device.

The guidelines define “On-Boarding” as the integration of a vehicle and driver with the aggregator and operating such a vehicle with the aggregator. And “Off-Boarding” is the segregation of an integrated vehicle from the aggregator.

From a social security perspective, the focus is on driver skilling and upskilling through a mandatory training program, as well as providing insurance coverage for drivers, as outlined below.

Guideline 5(2) requires aggregators to conduct a compulsory 5-day induction training, totaling 30 hours, before onboarding vehicles. The training, aligned with the National Skills Qualifications Framework (NSQF), can be provided independently or with a professional institution. It covers safety, operations, customer service, legal compliance, and skills development, with course details made available online for public transparency.

As per Guideline 7(1)©, drivers must have at least 2 years of driving experience. If not, they must complete a 15-day training by the aggregator before onboarding, in addition to the Induction Training Program.

As per Guideline 7(2)©, the aggregator must conduct a Refresher Training Program once a year. Records of these sessions must be documented and preserved for at least one year. The aggregator may collaborate with specialized institutions, as deemed appropriate, to provide such training.

As per Guideline 7(2)(p), drivers with a rating below the 2 percentile must mandatorily undergo remedial training, and until this training is completed, the driver will be off-boarded.

As per the guidelines 7(2)(a), The aggregator shall ensure a health insurance for each driver integrated with the aggregator for an amount not less than Rs. 5 Lakh with base year 2020–21 and increased by 5% each year.

As per the guidelines 7(2)(b), The aggregator shall ensure a term insurance for each driver integrated with the aggregator for an amount not less than Rs. 10 Lakh with base year 2020–21 and increased by 5% each year.

The guidelines also limit the driver’s working hours to a maximum of 12 hours per day, after which a mandatory 10-hour break will be required.

Code on Wages, 2019

The Code on Wages, 2019, sets rules for wage and bonus payments to ensure no worker earns less than the minimum wage. It requires the central government to determine a floor wage based on living standards, with minimum wages set by central and state governments above this level. These wages will be reviewed every five years, considering the difficulty of work and skill levels. The Code also prohibits gender-based wage discrimination and regulates working hours, payment methods, deductions, and bonus calculations. Under the code, advisory boards with representatives from workers, employers, and civil society will provide guidance on wages and employment for women. Additionally, it provides penalties in case of violations, such as underpayment (PRS, 2019; (Ministry of Labour and Employment, 2019).

The Code on Wages, 2018, does not directly apply to platform workers, as it is designed for employment scenarios where employee-employer relationships are clearly defined, such as in organized and unorganized employment. However, in response to a parliamentary query about government plans to introduce minimum wages for gig workers, the former Labour Minister clarified that the Code on Wages, 2019, includes provisions for a universal minimum wage and floor wage applicable to both organized and unorganized sectors, encompassing gig workers. However, he also noted that these provisions of the Code on Wages, 2018, are yet to be extended to platform workers. In the future, there is a possibility that platform workers are likely to be covered (Parliament of India, 2021).

Industrial Disputes Act, 1947

The Industrial Disputes Act of 1947 plays a vital role in addressing disputes between workers and work providers. It establishes mechanisms like conciliation, arbitration, and adjudication to ensure fair treatment, prevent strikes, and uphold industrial harmony. Disputes under the Act are resolved through a well-defined process, starting with conciliation to mediate between the conflicting parties. If conciliation fails, the dispute is referred to the appropriate tribunal, and if necessary, to the courts for adjudication. A presiding officer helps facilitate resolutions in court. Section 2(c) of the Act defines a “workman” as anyone employed in an industry to perform tasks such as manual, unskilled, skilled, technical, operational, clerical, or supervisory work for payment, whether the job terms are clearly stated or not. This also includes apprentices and, for matters related to industrial disputes, anyone who has been dismissed, discharged, or retrenched due to the dispute or whose removal caused the dispute (THE INDUSTRIAL DISPUTES ACT, 1947 ARRANGEMENT OF SECTIONS, n.d.).

The Industrial Disputes Act of 1947 gains relevance in this context due to its mention in the draft Karnataka Gig Workers (Conditions of Service and Welfare) Bill, 2024. Section 25(4) of the draft Bill states: “Notwithstanding anything contained in Section 25, the gig worker may seek resolution of their disputes through the mechanism under the Industrial Disputes Act, 1947.” However, to qualify as a “workman” under the Industrial Disputes Act, 1947, an individual must have an ongoing employer-employee relationship with consistent remuneration, unlike the sporadic or project-based nature of gig work. Since there is no employer-employee relationship between aggregators and platform workers, platform workers are not currently covered under the Industrial Disputes Act (S & Dhruti, 2024).

Central Initiatives and Welfare Schemes for the Platform Workers

In addition to the legislative acts, there are various other initiatives and welfare schemes at the central level aimed at ensuring the social protection of platform workers, such as:

E-Shram Portal

The Ministry of Labour & Employment has developed the e-Shram portal to create the National Database of Unorganised Workers (NDUW), which will be seeded with Aadhaar for identity verification. This database will contain essential details such as name, occupation, address, occupation type, educational qualification, and skill types. So far, 30,48,67,062 workers have been registered with e-Shram Portal. The e-Shram Portal as One-Stop-Solution aims to improve the employability of workers and extend the benefits of social security schemes to them. It is the first-ever national database that includes a wide range of unorganised workers, such as migrant workers, construction workers, gig workers, platform workers, and others (Ministry of Labour and Employment, n.d.).

With millions joining the platform economy, the central government, through the Ministry of Labour and Employment, is integrating platform aggregators with the e-Shram portal to register platform workers. Initial testing with select aggregators has been successfully completed, ensuring API integration. Registering platform workers on e-Shram will provide access to welfare schemes and extend social security coverage. Aggregators play a critical role in ensuring verified workforce data and comprehensive coverage. The government is urging them to complete API testing promptly and onboard both themselves and the workers they engage (Ministry of Labour and Employment, n.d.).

Figure-1: Welfare Provisions Through E-Shram Portal

Source: Ministry of Labour and Employment

  1. The beneficiaries will also receive a 12-digit UAN number, which is valid throughout India.
  2. e-Shram is integrated with the National Career Service (NCS) Portal, allowing unorganised workers to register on NCS using their Universal Account Number (UAN) and search for job opportunities.
  3. e-Shram is integrated with Pradhan Mantri Shram Yogi Maandhan (PM-SYM). PM-SYM is a pension scheme for unorganised workers who are aged between 18–40 years.
  4. Provision has been added in eShram to capture family details of migrant workers.
  5. To provide skill enhancement and apprenticeship opportunities to unorganised worker, eShram has been integrated with Skill India Digital portal of Ministry of Skill Development and Entrepreneurship.
  6. e-Shram serves as a one-stop solution for unorganized workers, including migrant workers, construction workers, gig workers, platform workers, and others. It integrates 12 Central Government schemes to provide comprehensive welfare and social security coverage. These include Pradhan Mantri Suraksha Bima Yojana (PMSBY), Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Ayushman Bharat — Pradhan Mantri Jan Arogya Yojana (PMJAY), Prime Minister Street Vendors’ AtmaNirbhar Nidhi (PM-SVANidhi), Pradhan Mantri Awas Yojana — Urban (PMAY-U), Pradhan Mantri Awas Yojana — Gramin (PMAY-G), and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). Through these schemes, the portal ensures social security and welfare benefits for a wide range of workers in the unorganized sector.
  7. eShram is also integrated with myScheme portal which is ational Platform that aims to offer one-stop search and discovery of the Government schemes.

Pradhan Mantri Shram Yogi Maan Dhaan Yojana (PM-SYM) (Old Age Protection)

The Ministry of Labour and Employment has integrated this old age protection scheme with e-Shram Portal. It provides a monthly pension of Rs. 3000/- after attaining the age of 60 years. Using UAN any unorganised worker can easily enrol under PMSYM. In the scheme 50 percent of the contribution is borne by the Government of India and the rest is being contributed by the worker. The eligibility criteria for the scheme are that the individual must be an unorganised worker (UW), with an entry age between 18 and 40 years, not enrolled under both ESIC and EPFO, and have a monthly income of Rs 15,000 or below (Ministry of Labour and Employment, 2024).

The Pradhan Mantri Suraksha Bima Yojana (PMSBY) (Accidental Insurance)

PMSBY is a one-year accidental insurance scheme renewable from year to year offering coverage for death or disability due to accident. All eligible registered unorganised workers including gig workers are entitled to get the benefit of an accidental insurance cover of Rs. 2.0 Lakh for a year free of cost through Pradhan Mantri Suraksha Bima Yojana (PMSBY) (Parliament of India, 2021).

Pradhan Mantri Jeewan Jyoti Yojana (PMJJBY) (Life Cover)

The PMJJBY is one of the 12 schemes of different Central Ministries / Departments which have already been integrated/ mapped with the e-Shram. It provides one-year renewable life insurance coverage for death due to any reason up to the age of 55 years. Available through participating banks and post offices, and administered by life insurance companies under the Ministry of Finance, the scheme offers ₹2.00 Lakh term life cover for subscribers aged 18–50 years. Coverage runs from June 1 to May 31, and while claims for deaths within the first 30 days of enrollment are not paid (except for accidental deaths, which are covered immediately), it ensures comprehensive life insurance for subscribers (Department of Financial Services, n.d.).

Pradhan Mantri Matru Vandana Yojana (PMMVY) (Maternity Benefit)

The PMMVY is one of the 12 schemes of different Central Ministries / Departments which have already been integrated/ mapped with the eShram. It provides financial support to pregnant and lactating mothers to improve health, nutrition, and compensate for wage loss. It offers ₹5,000 for the first child in two installments and ₹6,000 for the second child if it is a girl, promoting rest, health-seeking behaviors, and positive attitudes towards the girl child. Benefits are limited to the first two living children only (myScheme, n.d.).

Ayushman Bharat — Pradhan Mantri Jan Arogya Yojana

The Ayushman Bharat — Pradhan Mantri Jan Arogya Yojana is also one of the 12 schemes of different Central Ministries / Departments which have already been integrated/ mapped with the eShram. It is the second component of Ayushman Bharat and world’s largest health insurance scheme providing Rs. 5 Lakh per family per year for secondary and tertiary care hospitalisation to cover 12 crore poor and vulnerable families (approx. 55 crore beneficiaries) that forms 40 per cent of the Indian population. It covers up to 3 days of pre-hospitalisation and 15 days post-hospitalisation expenses such as diagnostics and medicines.

There is no restriction on the family size, age or gender and all pre-existing conditions are covered from day one. All the benefits under the scheme are portable across the country in empanelled public and private hospitals. The services under the scheme include approximately 1,929 procedures covering all the costs related to treatment, including but not limited to drugs, supplies, diagnostic services, physician’s fees, room charges, surgeon charges, OT and ICU charges etc (National Health Authority, n.d.).

PM Street Vendor’s Atma Nirbhar Nidhi (PM SVANidhi)

The PM Street Vendor’s Atma Nirbhar Nidhi (PM SVANidhi) scheme aims to empower street vendors through collateral-free working capital loans of up to Rs 10,000 for one year, benefiting approximately 50 lakh vendors in urban, peri-urban, and rural areas. The scheme incentivises regular repayment with a 7% annual interest subsidy, offers cashback up to Rs 1,200 per year for prescribed digital transactions, and enables eligibility for enhanced loan tranches (National Portal of India, 2024).

State Level Legislative Provisions for the Social Protection of Platform Workers

Recognizing the growing workforce and its contribution to economic development, various state governments have followed the central government by framing acts, rules, and guidelines to regulate social security for platform workers along the lines of central frameworks. These include state-specific rules for the Code on Social Security (CoSS) 2020 and legislation such as the Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act, 2023; the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024; the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982; and others. Additionally, state governments have introduced regulations to address social security aspects through vehicle aggregator rules and guidelines. In the upcoming sections, we will discuss the emergence of various state-specific legislations regulating the social security of platform workers in India.

Social Security Provisions by states for Platform Workers in CoSS 2020

Section 109(2) of Coss 2020 specifies that the state government shall frame and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to —

  1. Provident fund;
  2. Employment injury benefit;
  3. Housing;
  4. Educational schemes for children;
  5. Skill upgradation of workers;
  6. Funeral assistance; and
  7. Old age homes

State Rules on Draft Code on Social Security 2020

Provisions for ‘gig and platform workers’ in State Draft Rules

Among the 23 states where the Code has been notified, four — Telangana, Assam, and Uttarakhand — have notified provisions for registering gig and platform workers and defining the scope of aggregator contributions to the social security fund.

Constitution of the State Social Security Board

All the states except Chandigarh and Punjab have made provisions for the establishment of a state social security board. These tripartite social security boards represent the workers, work providers, civil society and government officials.

Contribution to State Social Security Fund

Contributions to the State Social Security Fund mirror those of the Central Social Security Fund. The fund will receive credits from various sources, including central and state schemes, membership fees from worker registrations, contributions from aggregators, CSR donations, unspent funds from state labor department schemes, and, in certain cases, contributions from workers. All the expenses towards the schemes notified under sections 109(2) for the Unorganised Workers, Gig Workers and Platform Workers shall be met out of this fund.

Registration of gig and platform workers

Telangana, Haryana, and Assam have introduced provisions for the registration of platform and gig workers. Under these provisions, every eligible platform or gig worker must register using their Aadhaar on a self-declaration basis through the portal designated by the State Government.

Tamil Nadu Manual Workers (Employment and Conditions of Work) Act, 1982

The Act seeks to regulate the employment of manual workers in specific occupations within Tamil Nadu, focusing on their working conditions, job and social security. On November 30, 2023, exercising the powers granted under Section 29 of the Act, the Tamil Nadu government amended its schedule, adding “Employment in platform-based gig work” as the 71st type of employment to the list. The social Security provisions in the act are:

  • Section 3 of the Act mandates the formulation of a scheme aimed at promoting stable and regular employment opportunities for manual workers. It seeks to enhance the terms and conditions of their employment while prioritising comprehensive welfare measures to improve their overall quality of life.
  • Section 5 of the Act mandates the formulation of a tripartite worker welfare board representing government, work providers and workers.
  • Section 8 of the act gives the board the power and duty to administer a welfare scheme for manual workers.
  • As per section 8-B(a), every employer employing manual workers in any in any scheduled employment, other than those employed in construction or maintenance of dams, bridges, roads or in any building operations and motor transport business, shall be liable to pay to the respective board a sum at such rate, in such manner and within such time, as specified in the scheme.
  • As per section 8-B(a), the contribution amount for every employer operating in any motor transport for carrying passengers or goods by roads shall be of sum at such rate not exceeding one percent of the tax payable by him under the Tamil Nadu Motor Vehicles Taxation Act, 1974.
  • Sections 20, 21, 22, and 23 of the Act provide that state government may, by notification, direct that all or specific provisions of the Workmen’s Compensation Act, 1923 (Section 20), Payment of Wages Act, 1936 (Section 21), Maternity Benefit Act, 1961 (Section 22), and Minimum Wages Act, 1948 (Section 23) be made applicable to any or all classes of manual workers employed in scheduled employment under this Act, as deemed appropriate.

The Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023

Rajasthan enacted the Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act, 2023, the first state-level legislation in India focused solely on the welfare of platform workers (PRS, 2023). This legislation was the second major breakthrough in the domain of social security of platform workers, following the enactment of the Code on Social Security (CoSS) 2020. The following provisions of act ensure the social security of platform workers:

  • The act in section 2 defines the concept like aggregator, gig worker, and platform etc.
  • The section 3 of the acts provides for the constitution of a tripartite worker welfare board named Rajasthan Platform Based Gig Workers Welfare Board, representing stakeholders from workers, work providers, government and civil society groups.
  • Section 5 of the act empowers the welfare board to register platform workers and aggregators, ensure welfare fee deductions are integrated into aggregator applications, monitor compliance, verify fee deductions, oversee social security schemes, recommend improvements to the state Government, ensure workers access benefits, protect their rights, and ensure timely grievance redressal related to the act’s provisions.
  • Section 8 of the Act requires aggregators to submit a database of all onboarded or registered platform-based gig workers to the State Government within 60 days of enforcement. All registered workers will be automatically added to the government’s database, which will include details of their employment with one or more aggregators. The State Government will also issue a unique ID to each registered worker.
  • Section 9 of the Act mandates that every aggregator must register with the State Government within 60 days of enforcement. The State Government will maintain a register of aggregators operating in the state and publish it on its website.
  • Section 10 of the Act empowers the State to establish a welfare fund for financing the social security of platform-based gig workers. The fund will be sourced from: (i) welfare fees collected under Section 11, (ii) grants-in-aid from the State Government, and (iii) other sources of funding.
  • Section 11 of the Act introduces a welfare fee called “The Platform-Based Gig Workers Welfare Fee,” which will be charged to aggregators at a rate (percentage) of the value of each transaction related to platform-based gig workers, as notified by the State Government.
  • Section 13 of the Act grants platform-based gig workers the rights to: (a) register with the State Government and receive a Unique ID upon onboarding, regardless of work duration; (b) access social security schemes based on contributions; © have grievances addressed through a specified redressal mechanism; and (d) participate in welfare decisions via representation on the Board.
  • Section 14 provides that any welfare fee due from an aggregator under this Act may be recovered in the same manner as an arrear of land revenue.
  • Section 17 provides that any aggregator who contravenes the provisions of this Act or its rules, or fails to comply with them, may be fined by the State Government. The fine may extend up to five lakh rupees for the first contravention and up to fifty lakh rupees for subsequent contraventions.
  • Section 18 establishes the Central Transaction Information and Management System (CTIMS), which will be administered by the State Government and monitored by the Board. All platform payments, including welfare fee deductions, will be mapped to CTIMS for each transaction involving platform-based gig workers. The payment formats will be prescribed, and details of the welfare fee collected and spent at the worker level will be disclosed and made available on the CTIMS.

The Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill 2024

The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024 aims to protect the rights of gig workers and place obligations on aggregators regarding social security, occupational health and safety, and transparency in automated systems. It also provides dispute resolution mechanisms, establishes a Welfare Board, creates a welfare fund, and mandates the registration of gig workers and aggregators in the state.

  • The bill in its section 2 defines the terms like aggregator, gig worker, platform and welfare fee etc.
  • The sections 3 & 4 of the bill provide for establishment of tripartite worker welfare boards with participation of workers, aggregators, government and civil society.
  • The section 6 outlines the Board’s role in registering gig workers and aggregators, monitoring welfare fees, overseeing social security schemes, ensuring access to benefits, engaging with workers’ associations, creating targeted schemes, and collecting data from platforms on gig work.
  • Section 7 of the bill outlines the rights of platform-based gig workers, including the right to be registered with the State Government upon onboarding, receive a Unique ID valid across all platforms, access general and specific social security schemes based on their contributions, and utilise a grievance redressal mechanism as specified in Section 23.
  • The section 10 of the bill outlines the registration process of platform based gig workers. Aggregators must provide the Board with a database of all onboarded gig workers within 60 days of the Act’s commencement and onboarded workers will be electronically registered with the board. The Board will maintain a database of gig workers, including details of their employment with aggregators, regardless of the duration of engagement, and will generate a unique ID for every registered gig worker.
  • Section 11 of the bill outlines the registration process for aggregators. Every aggregator must register with the Board within 60 days of the Act’s commencement. The Board will maintain a register of aggregators and it will be published on the Board’s web portal.
  • Section 13 of the bill outlines contract guidelines and templates. The State Government will publish sector-specific contract guidelines periodically. It may also review contract templates submitted by aggregators to ensure fairness for platform-based gig workers.
  • Section 15 outlines the conditions under which platform workers may be deboarded or deactivated from the platform. It also mandates that the aggregator provide valid reasons for such actions in writing, along with a prior notice period of fourteen days.
  • Section 16(1) holds aggregators accountable for informing workers about any payment deductions and section 16(2) specifies that aggregator must compensate the platform based gig workers at least on weekly basis with no delay in disbursal of pay.
  • Section 17 of the bill mandates reasonable working conditions. Aggregators must ensure a safe, risk-free working environment for gig workers and comply with prescribed sector-specific occupational safety and health standards.
  • Section 20 of the bill establishes the “Karnataka Gig Workers’ Social Security and Welfare Fund” for registered gig workers. The fund will comprise welfare fees levied under the Act, individual contributions by platform workers, grants from the State and Central Governments, donations, and other prescribed sources.
  • Section 21 provides for a welfare fee to be charged on aggregators, with the rate determined by the State Government, either as a percentage of each transaction’s pay to gig workers or based on the aggregator’s annual state-specific turnover.
  • The Sections 23 and 24 of the bill address grievance redressal and dispute resolution for platform workers (23), providing mechanisms to resolve issues and disputes with aggregators (24).

Jharkhand Platform Based Gig Workers (Social Security and Welfare) Bill 2024

The objective of the bill is to protect platform workers’ rights, ensure social security, safety, transparency, dispute resolution, and establish a Welfare Board and fund while mandating the registration of workers and platforms.

  • The bill defines the terms like aggregator, fund, gig worker, platform, unique id, and welfare etc.
  • Section 3 establishes the Jharkhand Platform-Based Gig Workers Welfare Board to administer social security benefits.
  • Section 4 provides for the representation of aggregators, the government, workers, and civil society on the Board.
  • Section 6 outlines the powers, duties, and functions of the Board, which include registering platform workers and aggregators, integrating welfare cess deductions with aggregator platforms, monitoring compliance with the Act, and formulating general and specific social security schemes for platform workers. The Board is also responsible for ensuring access to social security benefits, proactively facilitating workers’ engagement with aggregators, and seeking data from aggregator platforms.
  • Sections 6(m) and 6(n) empower the Board to formulate general schemes for the benefit of all registered platform-based gig workers, including accidental insurance, immediate assistance in case of accidents, medical emergencies, health insurance, and other prescribed benefits related to health, accidents, and education; and transfer all accrued monetary benefits to gig workers through Direct Benefit Transfer (DBT).
  • Section 11 mandates that aggregators submit a database of all platform workers onboarded or registered with them to the Board within sixty days of the Act’s enforcement. All platform workers will be electronically registered within sixty days of onboarding. Aggregators must update the Board on any changes in worker numbers. The Board will maintain a database of gig workers, including their employment details with any aggregator, regardless of engagement duration, and issue a unique ID for each worker registered with any aggregator in the State.
  • Section 12 mandates aggregators or primary employers to register with the Board within sixty days of the Act’s enforcement. The Board will maintain and publish a register of aggregators or primary employers, including the designated officer responsible for compliance.
  • Section 13 establishes the “Jharkhand Platform-Based Gig Workers Social Security and Welfare Fund” for the benefit of registered gig workers. The fund will consist of welfare cess receipts, worker contributions, grants from the State and Central Governments, gifts, donations, and other prescribed sources.
  • Section 14 mandates a welfare fee, the “Platform-Based Gig Workers Welfare Fee,” to be charged from aggregators, based on a percentage of each transaction’s value involving platform workers, as determined by the State Government.
  • Section 15 grants platform workers the right to registration with the State Government upon onboarding, issuance of a Unique ID valid across platforms, access to social security schemes based on contributions, a grievance redressal mechanism, and participation in welfare decisions through representation on the Board.
  • Section 16 of the bill ensures job security, income security, protection against arbitrary termination, deactivation, and discrimination, while guaranteeing healthy working conditions. It also protects platform workers against unjust payment deductions and ensures timely compensation.
  • Sections 17 and 18 of the bill provide grievance redressal and dispute resolution mechanisms for platform workers.

State specific Vehicle Aggregator Rules

In addition to state-specific legislation focused exclusively on ensuring the social security of platform workers, various other state-specific measures also contribute directly or indirectly to their social protection. These measures include:

Assam Motor Vehicle Aggregator Rules 2020

The rules provide for social security benefits in the form of skilling and upskilling of the drivers, maximum working hours and insurance coverage of drivers.

  • Rule 6(2) holds aggregators accountable for organizing induction training programs. These programs are mandatory and consist of a five-day training course totaling thirty (30) hours, conducted by the aggregator before the on-boarding process of vehicles begins. The training may be conducted directly by the aggregator or through collaboration with a professional institution, ensuring the course aligns with the National Skills Qualifications Framework (NSQF). The government requires the broad details of the course to be made available online for public information.
  • Rule 8(2)(j) mandates a remedial training program for drivers whose ratings fall below the 2 percentile compared to other drivers with a similar minimum duration of engagement with the aggregator. The aggregator is responsible for determining this minimum duration. Completion of this training program is compulsory for such drivers.
  • Rule 8(2)© requires the aggregator to conduct an annual Refresher Training Programme for drivers associated with the platform. This programme must be at least two days long, totaling 10 hours, and can be delivered either physically or virtually. The training will cover, but is not limited to, the topics included in the Induction Training Programme.
  • Rule 8(2)(e) regulates the maximum working hours for drivers, capping them at 12 hours, followed by a mandatory 10-hour rest period.
  • As per Rule 8(2)(a), the aggregator must ensure health insurance coverage for each driver associated with the platform. The coverage amount should be no less than ₹5 lakhs, based on the base year 2021–22, and must increase by 5% annually.
  • As per Rule 8(2)(b), the aggregator is required to provide term insurance for each driver associated with the platform. The coverage amount must be at least ₹10 lakhs, based on the base year 2021–22, and should increase by 5% annually.

Bihar Taxi Aggregator Operator Directives

The directives provide for social security provisions in the form of upskilling of the drivers by ensuring the yearly refresher training programs.

  • As per directive 6(c)(ix), the aggregator must conduct structured refresher training programs for its drivers, covering topics such as safe driving skills, gender sensitization, and passenger etiquette, among others. The aggregator must ensure that each driver completes such training at least once per calendar year. These training programs must be properly documented by the aggregators

Guidelines for Taxi operator/Radio Taxis/ Rent a Car and Taxi App Aggregators in the State of Goa

The guidelines provide for social security provisions in the form of skilling, upskilling, promoting women participation, and ensuring regular checkups.

  • As per guideline 5(10), the aggregator must conduct structured refresher training programs for its drivers, covering topics such as safe driving skills, gender sensitization, and passenger etiquette. Additionally, guideline 5(11) mandates that the aggregator ensure drivers undertake such refresher training at least once per calendar year. These training programs must also be properly documented by the aggregator.
  • As per guideline 5(12), the aggregator must ensure that drivers undergo an annual health check-up to confirm their fitness to drive a taxi.
  • As per guideline 5(9), the aggregator shall strive to onboard as many women drivers as possible to promote gender equality in the taxi trade and create self-employment opportunities for women.
  • As per guideline 2(B)(10), the aggregator must establish a stipulated mechanism to protect the rights of women in accordance with the provisions of the Sexual Harassment of Women (Prevention, Prohibition, and Redressal) Act, 2013.

Gujarat State Demand Aggregator Rules, 2018

The rules provide for social security provisions in the form of upskilling of the drivers.

  • Rule 11(ix) mandates that the aggregator must organize a structured refresher training program for drivers at least once a year. This program should cover topics such as safe driving skills, gender sensitization, and passenger etiquette, among others.

NCR Motor Cab Taxi Scheme

The scheme provides for social security provisions by limiting the maximum working hours, refresher training programs and mandatory annual health checkups of the driver through aggregator.

  • The rule VI(8) ensures aggregators will conduct structured refresher training programs for its drivers including safe driving skills, gender sensitisation, and passenger etiquette.
  • Rule VI(9) specifies that the aggregator must ensure drivers participate in a refresher training program at least once per calendar year. These training programs must be properly documented by the aggregator
  • As per Rule III(B)(7), the aggregator must establish a stipulated mechanism to protect the rights of women drivers in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
  • Rule VI(10) specifies that the aggregator must ensure drivers undergo an annual health check-up to confirm their fitness to drive a motor cab.

Jharkhand On-Demand Transportation Technology Rules, 2019

  • According to Rule 8(2)(g), drivers using on-demand transportation technology cannot be forced to drive a minimum number of hours. However, they must adhere to regulations regarding the maximum allowable driving hours to ensure safety. Additionally, the global positioning system (GPS) should enable precise metric recording of driving data.
  • According to Rule 8(10), aggregators are required to organize structured refresher training programs for their drivers. These programs should cover areas such as safe driving practices, gender sensitization, and passenger etiquette. Drivers must complete this refresher training at least once per calendar year, and the aggregator must properly document these training sessions

Karnataka On-Demand Transportation Technology Rules, 2019

  • According to Rule 10(i), aggregators must organize a structured refresher training program for drivers at least once a year. This training should cover safe driving techniques, gender sensitization, and passenger etiquette. Records of all such training programs must be maintained and preserved for a minimum of one year. Additionally, drivers must not work beyond the maximum hours permitted under the Motor Transport Workers Act, 1961.

Kerala Motor Aggregtors Guidelines, 2020

The guidelines provide for social security benefits in the form of skilling and upskilling of the drivers through induction, remedial and refresher training programs for enhancing driving skills, maintaining health and hygiene and gender sensitisation.

  • According to Guideline 5(2), aggregators must set up an induction training program that includes a mandatory one-day session lasting eight hours. This training, conducted either in person or virtually, must take place before the driver’s onboarding and should be coordinated with the Kerala Motor Vehicles Department. The comprehensive details of the course should be made accessible online for public information.
  • As per Guideline 7(2)©, aggregators must organize a refresher training program annually. Records of these training sessions must be documented and retained for at least one year. Aggregators may collaborate with specialized institutions or the Kerala Motor Vehicles Department, as deemed appropriate, to provide this training.
  • As per Guideline 7(2)(m), drivers with ratings below the 2nd percentile must undergo a mandatory two-day remedial training program. Until they complete this training, the driver will be off-boarded.
  • As per Guideline 7(2)(a), aggregators must provide health insurance or enroll drivers in a Central or State Government scheme, with coverage of at least ₹5 lakhs based on the 2020–21 base year. The coverage amount should increase by 5% annually.
  • As per Guideline 7(2)(a), aggregators must provide term insurance or enroll drivers in a Central or State Government scheme, ensuring coverage of at least ₹10 lakhs based on the 2020–21 base year, with an annual increase of 5%.
  • As per Guideline 10(3), aggregators must ensure the safety of women employees and drivers by implementing mechanisms to safeguard their rights in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Maharashtra City Taxi Rules, 2017

The rules mandate social security benefits, including limits on maximum working hours, initiatives to promote women drivers, and opportunities for upskilling through structured training programs.

  • As per Rule 6(2), the working hours of drivers must be restricted in accordance with the Motor Transport Workers Act, 1961 (27 of 1961).
  • As per Rule 4(5), the aggregator must implement a mechanism to protect the rights of women employees as outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
  • As per Rule 7(10), the aggregator must organize structured refresher training programs for its drivers, covering areas such as safe driving skills, gender sensitization, passenger etiquette, and more. The aggregator is required to ensure that each driver completes such refresher training at least once every calendar year.
  • As per Rule 7(9), the aggregator must make efforts to onboard as many women drivers as feasible.

Meghalaya Taxi Aggregator Operational Rules, 2020

The rules ensure safety of women, upskilling of drivers, annual health check-ups and regulated maximum working hours.

  • Rule c(ix) stipulates that the aggregator must conduct structured refresher training programs for its drivers, covering areas such as safe driving skills, gender sensitization, passenger etiquette, and more. The aggregator is required to ensure that drivers complete these refresher training sessions at least once every calendar year. Additionally, the aggregator must properly document these training programs.
  • The Rule c(xii) ensures that aggregator that the driver undergoes an annual health check up for ensuring his fitness to drive the vehicle.
  • Rule c(iii) ensures the implementation of a mechanism to protect the rights of women drivers, as outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
  • As per Rule 12(vii), the maximum working hours are regulated in accordance with the Motor Transport Workers Act, 1961. Additionally, the rules mandate annual refresher training and annual health check-ups for drivers, to be organized by the aggregators.

Nagaland On-Demand Taxi Aggregtors Rules 2020

The rules provide for the induction training program for driver. The induction training programme will include familiarisation of drivers with the law applicable to mechanically propelled vehicles, road safety, Motor Transport Workers Act, 1961 and a gender sensitisation program.

  • Additionally, the aggregator will also conduct training for enhancing the training skills, gender sensitisation, sensitisation of people towards PwD, and etiquette towards passengers etc. Moreover, the rules also regulate the maximum working hours in accordance with Motor transport Workers Act 1961.

Draft Punjab Motor Vehicle Aggregator rules, 2023

The rules provide for induction, remedial and refresher training programs for skilling and upskilling of the drivers. The training programs aimed at enhancing the driver’s skill, gender sensitisation, and maintaining health and hygiene etc. Additionally, the guidelines mandate health insurance coverage of Rs 5 lakh (increasing by 5% annually) with base year 2023–24 and term insurance of Rs. 10 lakh (increasing by 5% annually) with base year 2023–24 for each driver integrated with aggregators, ensuring financial protection for drivers. Moreover, It also regulates the working hours by capping 12 hours as maximum working hours. Besides this, The rules also ensuring safety of women employees and Drivers by introducing mechanisms to protect their rights, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Rajasthan Motor Vehicle Aggregtor Rules, 2023

The rules provide for induction, remedial and refresher training programs for drivers to be conducted by the aggregators. The rules also regulate the maximum number of working hours and provide for a complete medical examination of drivers whose cost shall be borne by the Aggregator. The rules also ensure a term insurance for each Driver integrated with the Aggregator for an amount as per Governments insurance scheme namely Cheeranjivi Swasthya Bima Yojana that means every driver shall be covered under Cheeranjivi Swasthya Bima Yojana and the premium of insurance cover shall be borne by aggregator. The rules also protect the rights of the women drivers by extending provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Draft Rules Uttrakhand On-Demand (IT Technology Based) Transportation by Contract Carriage (Amendment) Rules, 2023

The rules provide for induction, remedial and refresher training programs for enhancing the driving skills of drivers. Additionally, they also regulate the maximum working hours.

Chandigarh Administration On-Demand Transportation Technology Aggregator Rules, 2017

The rules provide for induction, and refresher training programs for drivers to be conducted by aggregators. Additionally, the rule also regulates the working hours and arranges for insurance policy to cover cashless treatment of drivers in cases of vehicle accident.

Jammu and Kashmir Motor Vehicles Aggregator Rules, 2023

The rules provide for induction, remedial and refresher training programs for the drivers to be conducted by the aggregators. Additionally, the rules also mandate health insurance coverage of Rs 5 lakh (increasing by 5% annually) with base year 2020–21 and term insurance of Rs. 10 lakh (increasing by 5% annually) with base year 2020–21 for each driver integrated with aggregators, ensuring financial protection for drivers. The guidelines also regulate the working hours of the drivers capped at 12 hours. The rules also ensuring safety of women employees and Drivers by introducing mechanisms to protect their rights, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme 2023

The scheme provides for remedial training programs for the drivers to upskill them and ensure safety of women employees and Drivers by introducing mechanisms to protect their rights, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition Redressal) Act, 2013.

--

--

OMI Foundation
OMI Foundation

Written by OMI Foundation

OMI Foundation is a new-age policy research and social innovation think tank operating at the intersection of mobility innovation, governance and public good.

No responses yet