Navigating the Challenges of the Gig Economy: A Legal Analysis of Protection to Gig Workers in India and Overseas

  • Aditi Mishra and Suyog Ghosh Dasttidar
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  • Aditi Mishra

    Assistant Manager - Legal at Tata Steel Limited, India

  • Suyog Ghosh Dasttidar

    Legal Officer at KisanKraft Limited, India

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The focus of this research paper is the legal position of gig workers in India. As the gig economy continues to grow in the country, gig workers have emerged as a significant segment of the Indian workforce. However, they often face legal and regulatory challenges related to taxation, insurance, and labor laws, which can affect their earnings, job security, and social protection. The research analyzes the existing legal framework for gig workers in India and identifies the gaps and challenges that need to be addressed. It highlights that the current labor laws in India do not adequately address the needs and rights of gig workers, who are classified as independent contractors rather than employees. This classification denies them access to benefits and protections that are available to traditional employees, such as minimum wages, social security, and health insurance. The research also notes that gig workers in India operate in a largely unregulated environment, which leaves them vulnerable to exploitation and abuse by clients and platform operators. There is a need for a comprehensive legal framework that recognizes the unique characteristics and needs of gig work and ensures that gig workers are protected under the law. The research highlights some of the recent legal developments in India, such as the proposed social security code and the recognition of gig workers under the new labor codes. These developments aim to provide better social protection and labor rights for gig workers, but the implementation and effectiveness of these measures remain to be seen. The research concludes by emphasizing the importance of establishing a legal framework that addresses the specific needs and challenges of gig workers in India, to ensure that they can work in a safe, fair, and sustainable environment.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2183 - 2194


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