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Discuss the challenges in extending social security to gig and platform workers in India, given the absence of a traditional employer-employee relationship.

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In this answer
  1. Legal and definitional challenges
  2. Financing challenges
  3. Registration and data challenges
  4. Institutional and federal challenges

The Code on Social Security, 2020 is the first Indian law to recognise gig and platform workers [2]. It defines them as working outside the traditional employer-employee relationship [4]. NITI Aayog estimates that this workforce will grow from 77 lakh (2020-21) to 2.35 crore by 2029-30 [3]. Because there is no "employer", it is still unclear who registers these workers, who pays for their cover and who is accountable.

Legal and definitional challenges

  • No identifiable employer: employer-linked protections such as EPF/ESI contributions, wage security and protection against dismissal do not apply automatically.
  • Separate category: the Standing Committee asked for gig workers to be counted as "unorganised workers" and defined more precisely. Only the platform-worker change was adopted [4]. As a result, categories overlap.
  • Welfare, not rights: workers may get insurance but have no remedy against arbitrary deactivation from an app.

Financing challenges

  • Aggregators pay 1–2% of turnover, capped at 5% of payouts, but the exact rate is left to notification [1].
  • A turnover-based levy cannot be traced to individual workers, which is a problem when they use several apps. Rajasthan instead charges a fee on each transaction, with 12% interest on delays and recovery as land-revenue arrears [7].
  • Compliance costs may be passed on to workers or consumers.

Registration and data challenges

  • e-Shram issues a UAN on a self-declaration basis. Only 5.09 lakh gig workers had registered by Nov 2025 [2], against the 77 lakh estimate [3]. That is fewer than 7%.
  • The 2026 Central Rules make registration mandatory and require aggregators to share worker data through an API [5]. Results depend on whether platforms comply and how good the data is.

Institutional and federal challenges

  • The newly notified National Social Security Boards can only recommend and monitor. They do not run schemes [6].
  • Social security is a Concurrent List subject, so State laws [7] add the risk of a double levy. The Committee had asked for compact governance and time-bound universal coverage [4]. Neither has been provided.

The core problem is that a welfare system built around employers is being applied to work that has no employer. The way forward is to notify the levy quickly and move to per-transaction contributions credited to each worker's UAN through the API. The Boards should be used to offset Central and State levies against each other, and universal coverage needs a deadline. Together, these steps would put into practice Article 43 (living wage) and SDG target 1.3 (social protection for all).

Sources

  1. 1The Code on Social Security, 2020, PRS Legislative Research: aggregator levy of 1–2% of turnover, capped at 5% of payouts
  2. 2Labour Reforms: Formalising and Safeguarding India's Gig & Platform Workforce, PIB: first legal recognition; e-Shram self-declaration UAN; 5.09 lakh gig registrations
  3. 3NITI Aayog Launches Report on India's Gig and Platform Economy, PIB: 77 lakh gig workers (2020-21), 2.35 crore by 2029-30
  4. 4PRS Standing Committee Report Summary: The Code on Social Security, 2019: workers outside employer-employee relationship; Committee recommendations and what was adopted; universal coverage within a time frame; compact governance
  5. 5Welfare Schemes for Gig and Platform Workers, Lok Sabha answer: Social Security (Central) Rules, 2026 make registration mandatory and require aggregator data-sharing via API
  6. 6MoLE notifies National Social Security Boards for Unorganised Workers and Gig & Platform Workers, PIB: Boards recommend and monitor, do not administer schemes
  7. 7The Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023, PRS: per-transaction welfare fee, 12% interest, recovery as land-revenue arrears
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