SC agrees to hear plea seeking social security, welfare benefits for gig workers
Dec 13, 2021
New Delhi [India], December 13 : The Supreme Court on Monday asked the Centre to respond on a plea seeking social security and welfare benefits for "gig workers" employed by online food delivery, taxi aggregators such as Ola, Uber, Swiggy, Zomato etc.
A Bench of Justices L Nageswara Rao and Justice BR Gavai issued notice to the Centre, Ola, Uber, Zomato, Swiggy on a petition filed by the Indian Federation Of App Based Transport Workers (IFAT) and posted the matter for further hearing in January 2022.
The petition was also filed by two individuals, Tulasi Jagdish Babu (an Ola driver) and one Kaushar Khan seeking formulation of welfare schemes like health insurance, maternity benefits, pension, old age assistance, disability allowance and completion of vaccination at aggregators' cost on priority basis for gig workers.
Senior advocate Indira Jaising, appearing for the organization, contended that at present these workers are not being provided with the benefit of social security under any of the labour legislations- organized or unorganized.
Jaising said that the drivers or delivery workers are actually workmen in the classical sense of the word. She added that worldwide for Uber they have been considered as workers.
The petition sought categorization of "gig workers" and "app-based workers" as unorganized workers and be made eligible for various social benefits under Workmen's Compensation Act, Industrial Disputes Act, Employees State Insurance Act and Maternity Benefits Act amongst others.
The plea asked whether the 'Right to Social Security' is a guaranteed fundamental right for all working people- whether employed in the formal or informal sectors.
"It is the case of the petitioners herein who are commonly known as "gig workers" and "platform workers" that they are in an employment relationship with the aggregators and hence covered by the definition of 'workman' within the meaning of all the applicable social security legislations including: The Workmen's Compensation Act, 1923; The Industrial Disputes Act, 1947; The Employee's State Insurance Act, 1948; Employee's Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972 and 'Unorganised Workers' Social Welfare Security Act, 2008'," the plea stated.
Denial of social security to the "gig workers" and the "platform workers" has resulted in their exploitation through forced labour, the plea said, adding that "gig workers" or "app workers" or "platform workers" work in what has come to be known as workers who work in the "informal economy".
The petition stated that the 'Right to Livelihood' includes the right to work on decent and fair conditions of work. "Recognizing that social security is an integral part of the Right to work and livelihood, Parliament has enacted aforesaid legislations to give effect to the said rights. Hence, the state is duty-bound to ensure that the rights guaranteed under the said statutes are de-jure and de-facto made available to all working people," it added.
"The Respondents (Ola, Uber, Swiggy, Zomato) companies have been claiming that there exists no contract of employment between them and the petitioners and that their relationship with the petitioners are in nature of the partnership. If such a claim were to be accepted, this would be inconsistent with the purpose of social-welfare legislations," the plea further stated.
It said that the companies, which owns the apps, exercise complete supervision and control over the manner and method of the work with those who are allowed to register on the said apps.
