SC notice to Centre on social security cover for gig workers

The Supreme Court on Monday decided to examine whether gig workers and those working for app-based services can be treated as “unorganized workers” and thus be entitled to social security benefits such as insurance, provident fund, gratuity, maternity benefits and other welfare schemes that are denied them. Appearing for the petitioners, senior advocate Indira Jaising said, “We seek a declaration from the court that these drivers and delivery workers working for the app-based services are ‘workman’. These organizations claim they are independent contractors that cannot be accepted.” The petition said, “It is the case of the petitioners who are commonly known as ‘gig workers’ and ‘platform workers’ that they are in an employment relationship with the aggregators and hence covered by the definition of ‘workman’ within the meaning of all the applicable social security legislations.” These legislation include The Workmen’s Compensation Act, 1923; The Industrial Disputes Act, 1947; The Employee’s State Insurance Act, 1948; Employee’s Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972 and ‘Unorganized Workers’ Social Welfare Security Act, 2008. This code contained a separate chapter “social security for unorganized workers, gig workers and platform workers” that received the Presidential nod in September 2020 but is yet to be implemented.