Asked by a reader in Bengaluru

I am a gig worker on an app. Do the labour codes cover me?

Answered by Advocate Sharan Jain··Employment & Labour Law

Legal Shorts · 78 words

The Social Security Code recognises gig and platform workers and allows dedicated benefit schemes. That recognition does not, by itself, turn every app-based worker into an employee entitled to ordinary employment benefits. What you can claim depends on the scheme, registration requirements and your circumstances. Check the actual notification and eligibility conditions for any advertised benefit. Keep your platform agreements, payment records and registration details. An announcement about future coverage is not the same as an approved claim.

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The honest answer has two halves. The Code on Social Security, 2020 gave gig and platform work a statutory identity for the first time, which matters. It did not give gig workers the protections that attach to employment, and it left most of the benefit architecture to schemes that the Central Government has to frame and notify.

A gig worker is defined in the Code on Social Security, 2020 as a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship. An aggregator is defined as a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider. The Code deals with gig workers and platform workers together in its chapter on unorganised workers.

What the Code actually provides

  • Registration. Every unorganised worker, gig worker or platform worker is required to be registered, on completing sixteen years of age or such age as is prescribed, and on filing a self declaration in the prescribed form. Registration is by application with the prescribed documents including the Aadhaar number, and the system must also allow self registration. A registered worker is eligible to avail the benefit of the concerned scheme framed under the chapter. That conditional wording is the important part: registration opens the door to a scheme, it does not by itself confer a benefit.
  • Schemes. The Central Government may frame and notify social security schemes for gig workers and platform workers on life and disability cover, accident insurance, health and maternity benefits, old age protection and creche, and any other benefit it determines. Each scheme sets its own administration, implementing agency, the role of aggregators, and its funding.
  • Aggregator funding. The contribution to be paid by aggregators is to be at a rate not exceeding two per cent and not less than one per cent of the annual turnover of an aggregator falling within the categories listed in the Seventh Schedule, as notified by the Central Government, and it cannot exceed five per cent of the amount paid or payable by the aggregator to gig workers and platform workers. The date from which aggregator contributions commence is itself to be notified.
  • A fund and a helpline. A Social Security Fund is established for the social security and welfare of unorganised, gig and platform workers, drawing on scheme funding and other sources. The appropriate Government may set up a toll free call centre, helpline or facilitation centres to spread information about available schemes, help with registration and assist enrolment.
Do not assume a benefit that has not been notified
Almost every entitlement in this chapter is expressed as something the Government "may frame and notify". Before you plan around accident cover, a pension or health benefits as a gig worker, check whether the scheme covering you has in fact been notified, what it covers, and whether the aggregator contribution has been brought into force. A confident claim about a benefit that exists only as an enabling power is worse than no claim.

What the Code does not do

The definition places gig work outside the traditional employer-employee relationship. So the Industrial Relations Code, 2020, which speaks of a worker employed in an industry, does not on its face reach an app based partner. That means no conditions precedent to retrenchment when you are deactivated, no conciliation and tribunal route as of right, and no gratuity chapter, which applies to employees. Our note on gratuity under the Code on Social Security explains who the gratuity chapter reaches and who it does not.

Where the real argument sits

The label in the platform agreement is not conclusive of the relationship. Where a platform sets the price, allocates the work, prescribes the route, the uniform, the rating and the penalty, and can deactivate at will, the factual question of control is open, and it is being litigated in several jurisdictions. Nothing in this answer should be read as saying the classification cannot be challenged. What it says is that the challenge is a contested factual case about control and integration, not a straightforward application of the codes, and the same evidence decides it as decides the status of an ordinary employee. Our note on whether you count as a worker under the Industrial Relations Code sets out the evidence that carries weight.

Practical steps that are worth taking now

  1. Register. Registration as an unorganised, gig or platform worker costs nothing and is a precondition to any scheme benefit. Do it before you need it.
  2. Keep your own records. Screenshot your earnings statements, trip or task logs, ratings and any deactivation message. Platforms restrict access to historical data once an account is closed, and that data is the whole of your case.
  3. Read the agreement for the dispute clause. Many platform agreements contain arbitration and exclusive jurisdiction clauses. Those decide where any contractual claim goes, and they are enforced.
  4. Separate the heads. A claim for unpaid or wrongly deducted earnings is a contractual or statutory money claim and stands on its own. It does not depend on winning the employment status argument, and it is usually the faster of the two.

For where this chapter sits in the wider restructuring of Indian labour law, and what the other three codes changed on the same date, see our overview of what the four labour codes changed for employees.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Code on Social Security, 2020 - 2,113,114 Read the source
  2. 2.Labour Ministry commencement announcement, 21 November 2025 Read the source
  3. 3.Section 2, Code on Social Security, 2020. Definitions, including clause (35) defining a gig worker as a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship, and clause (2) defining an aggregator. Read the source
  4. 4.Section 113, Code on Social Security, 2020. Registration of unorganised workers, gig workers and platform workers, the conditions of registration, and the provision that a registered worker shall be eligible to avail the benefit of the concerned scheme framed under the Chapter. Read the source
  5. 5.Section 114, Code on Social Security, 2020. Schemes for gig workers and platform workers, and the aggregator contribution at a rate not exceeding two per cent and not less than one per cent of annual turnover as notified, capped at five per cent of amounts paid or payable to gig and platform workers, with the commencement date to be notified. Read the source
  6. 6.Section 141, Code on Social Security, 2020. Social Security Fund for the social security and welfare of unorganised workers, gig workers and platform workers, and the sources from which it is funded. Read the source
  7. 7.Section 112, Code on Social Security, 2020. Helpline, facilitation centre and call centre functions for unorganised workers, gig workers and platform workers, including assistance with registration and enrolment in schemes. Read the source
  8. 8.Section 109, Code on Social Security, 2020. Framing of welfare schemes for unorganised workers by the Central and State Governments, and the ways in which such schemes may be funded. Read the source

The short answer's sources were checked on 12 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 13, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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