Implementation Gaps in India’s OSH code 2020: Balancing Social Security and Occupational Safety for Gig and Migrant Workers

  • M. Narmadha
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  • M. Narmadha

    Student at The Tamil Nadu Dr. Ambedkar Law University, India

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Abstract

The Code on Occupational Safety, Health and Working Conditions, 2020 is a significant step towards consolidating India’s fragmented central labour laws by integrating 13 central labour laws into a single unified framework and ensuring occupational safety and welfare, especially for unorganised workers. However, despite its progress, the Code faces implementation gaps, particularly due to weak enforcement mechanisms and a shortage of labour inspectors. These gaps affect gig workers, platform workers, and migrant workers, who constitute a large workforce in India and remain largely outside the purview of formal regulatory protection. There is a lack of awareness among these workers regarding registration through the e-Shram Portal, which further exacerbates their vulnerability. Nearly 90% of India’s workforce is engaged in the informal sector, and this paper argues for the elimination of the wage ceiling in order to ensure inclusive coverage, the adoption of risk-based inspection, the provision of unemployment insurance coverage for emerging forms of employment, and the implementation of phased digital reforms through an Aadhaar-linked e-Shram Portal. The study emphasises the need to transform occupational safety into a cornerstone of labour governance, ensuring equitable protection for all categories of workers.

Keywords

  • Occupational Safety
  • Gig Workers
  • Platform Workers
  • Migrant Workers
  • Labour Law Reforms
  • Unorganised Sector
  • e-Shram Portal
  • Social Security
  • Risk-Based Inspection
  • OSH Code
  • 2020

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 1886 - 1894

DOI: https://doij.org/10.10000/IJLMH.1111671

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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