Human Rights of the Gig Workers in India: An Analysis

The fast expansion of India’s gig economy has fundamentally reconfigured employment relations, leading to the proliferation of platform-based gig work. While offering flexibility and new income opportunities, the gig economy has also raised significant concerns about the safeguarding of gig workers’ human rights. The uncertain employment status of gig workers often excludes them from the protection of traditional labour and social security laws, leading to inadequate access to basic rights including fair wages, social security, occupational safety, dignity at work and collective bargaining. This paper undertakes a critical analysis of the extent of protection of human rights of gig workers in India by examining constitutional guarantees, four labour codes and other laws. The paper identifies significant gaps in legal protection arising from the classification of the gig workers as independent contractors rather than employees. It concludes that effective protection of gig workers’ human rights is essential for aligning India’s gig economy with constitutional values and international human rights obligations.