A report by the Indian Federation of App-based Transport Workers (IFAT) summarises the conditions of work common to platform economies like Zomato, Ola, Uber, Blinkit, Swiggy, and Urban Company thus: “…the role of app-based companies in exploiting workers through an opaque algorithmic system, which determines who gets to work and how they will be compensated. These systems also determine penalties and grievance redressal, which have an impact on occupational health and safety. Critically, the design of systems and logic of compensation are completely invisible to workers, undermining their capacity to protect their rights.”
In India, gig workers are “partners” or “independent contractors” and they are excluded from the ambit of State regulation. Here are some questions generally considered while deciding what can be classified as gig work: Is the work controlled by the employer? Is the person heavily dependent on the platform for earnings? Are they spending the majority of their work day working for said company? Is the work supervised? Like other gig workers, women working with UC fit all these criteria to be identified as an employee – and this categorisation should entitle them to protection under labour laws.
However, in October, UC’s co-founder Abhiraj Bhal stated unequivocally: “We don’t have an employer-employee relationship with them. We are very clear about that.”
In 2021, platform and gig workers were brought under the scope of labour laws for the first time. The Code on Social Security, 2020 (COSS) attached a definition to a gig worker: “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship.” Platform work was defined as: “a work arrangement outside of a traditional employer-employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems… in exchange for payment.”
The two definitions are vague, as activists and labour scholars have pointed out. “The words and phrases used make it very unclear who classifies as a gig/platform worker,” Neerukonda says. There remains apprehension that gig workers will be placed in the same category as unorganised workers, thus removing the possibility of them ever accruing benefits of the formal economy while still participating in it.
Moreover, the other three labour codes proposed as part of India’s labour reform – the Code on Wages, Industrial Relations Code, and the Occupational Safety, Health and Working Conditions Code – refuse to define who a gig worker is. This excludes them from protections including caps on maximum work hours, safety measures, wage regulations, working conditions, and partaking in registered trade unions. “The labour laws codify this exclusion, by continuing to deny the protective labour laws are meant to offer to workers,” a report by AICCTU remarked.
Inclusion in COSS entitles the gig workers to accident insurance, health and maternity benefits and old age protection. “Maternity benefits are mentioned literally just as a phrase in the COSS, but that’s it,” Neerukonda points out, as if that’s all that women need as part of a social security net.
For instance, workplace legislations that guarantee maternity benefits and action against sexual harassment still do not apply to people working with gig platforms. The Sexual Harassment of Women at Workplace Act, 2013 (POSH Act) and the Maternity Benefit Act, 1961 – two important legislative resolutions that could aid women – carry strict definitions of “employers,” “workplaces,” and “employees.” The nature of these jobs demands that work is conducted either in client homes or in public spaces (while travelling). If abuse does take place, women gig workers will not be entitled to protection under POSH because the worker provides services in a “dwelling place or house,” not an official “workplace.”
The UC model foreshadows a future of precarity: As companies such as these mature, their working conditions become worse and their workers more disenfranchised. “This pauperisation [of workers in terms of remuneration and freedom] is kind of like an inbuilt feature of the system,” AIGWU’s Rikta remarks. “It’s not a bug, it’s a feature.” However, Arora counters that it is possible to reset the model. “You can be flexible and formalise the sector,” she says.