The Code on Social Security, 2020 marks a shift from employer-based to universal social protection. Examine with reference to gig and platform workers.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →In India, social security such as EPF and ESI used to reach only workers with a formal employer. The Code on Social Security, 2020 merged nine laws into one. For the first time, it defined gig and platform workers and extended benefits to them [3][4]. This is a real shift towards universal protection, but it is not yet complete.
Elements of the shift towards universality
- Coverage that does not depend on employment status: Sections 113–114 extend benefits to unorganised, gig and platform workers, even though they have no clear employer [3].
- A new way of funding: aggregators pay 1–2% of annual turnover, capped at 5% of what they pay workers. This goes into a Social Security Fund, which the Centre and States also fund [2][3]. Platforms share the cost without becoming employers.
- Benefits across life stages: schemes can cover life and disability, health, maternity and old age [3].
- Institutions: in October 2026, the government notified two National Social Security Boards. One is for unorganised workers (40 members) and one for gig/platform workers (22 members). They recommend and monitor schemes [1].
- A registration base: a committee was set up to design the framework and register platform workers on e-Shram [4].
Limits of the shift
- Welfare, not rights: gig workers are still kept outside the employer–employee relationship [4]. They get no minimum wage, no limit on hours, and no protection against being removed from an app without reason.
- Boards only advise: the Labour Minister chairs both Boards, the Centre sets their rules, and they meet only three times a year [1]. Their recommendations do not have to be acted on.
- Slow rollout: the Code was passed in 2020, but the Boards came only in 2026 [1][2].
- Workforce growing faster than funding: NITI Aayog estimates 77 lakh gig workers in 2020–21, rising to 2.35 crore by 2029–30 [5]. The levy is tied to payouts, and poorer States may struggle to pay their share.
- Behind global standards: ILO Convention No. 193 (2026) protects platform workers whatever their legal status and asks countries to decide employment status from the facts of the work [6]. India's Code has no such test.
The Code separates social protection from employment, but it gives gig workers welfare schemes rather than enforceable rights. Several steps would complete the shift:
- time-bound government replies to Board recommendations
- cover for lost income, not just insurance
- comparing the Code against ILO Convention No. 193
- registering every gig worker on e-Shram
Together, these would move India closer to the Directive Principles in Articles 41 and 43 and to SDG 1.3, social protection for all.
Sources
- 1Union Labour Ministry sets up social security Boards for unorganised, gig, platform workers — The Hindu, 31 Oct 2026two Boards with 40 and 22 members, chair and vice-chair, advisory role, meeting three times a year, notified in 2026
- 2The Code on Social Security, 2020 — PRS Legislative Research2020 enactment and aggregator levy of 1–2% of turnover capped at 5% of payouts (Act text also at [labour.gov.in](https://labour.gov.in/code-social-security))
- 3Code on Social Security, 2020: Towards Universal and Inclusive Social Protection — PIB, Nov 2025nine laws merged, Sections 113–114, Social Security Fund, life-stage benefits
- 4Social Security for Gig and Platform Workers — PIB, Nov 2024first legal definition of gig workers, framework committee and e-Shram registration, outside the employer–employee relationship
- 5India's Booming Gig and Platform Economy — NITI Aayog Policy Brief (June 2022)77 lakh gig workers (2020–21), 2.35 crore projected by 2029–30
- 6Decent Work in the Platform Economy Convention, 2026 (No. 193) — ILOcovers platform workers whatever their status and asks for fact-based classification
Practice
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