Co-funded by the European Union

Rajasthan introduced Platform Based Gig Workers (Registration and Welfare) Act

The law, applicable to the whole of the state of Rajasthan, defines a "gig worker" in article 2.e as "a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship and who works on contract that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate work.”

The Act provides for the constitution of the Rajasthan Platform Based Gig Workers Welfare Board ('Board'), which shall register platform gig workers, aggregators, and primary employers, notify the social security schemes for registered platform-based gig workers, and ensure that workers have access to benefits under the plans. The Act also introduces a social security and welfare fund to benefit the registered platform-based gig workers.

The Board will track and monitor all payments generated on the platforms.

Registered workers who complain of violations to their statutory rights, payments, or benefits may file a petition with the competent authority designated by the Government of Rajasthan.

Employers who violate the provisions of the law may also incur heavy penalties.

The law follows the Social Security Code of 2022, which recognises gig workers and platform workers as a separate class of workers to whom it seeks to provide various benefits. This code, however, has not yet come into force as the state governments of each Indian state are finalising regulations for its implementation.

In the global landscape, India is in an advanced position in regulating a phenomenon with an extensive and non-uniform scope, neither legislatively nor jurisprudentially.