GIG WORKERS MOVED TO SC SEEKING SOCIAL SECURITY 

A petition has been filed before the Supreme Court by "gig workers" seeking social security benefits from their employers including, Swiggy, Zomato, Uber and Ola. 

The petitioners argued that they should be covered under the definition of “workman” as per social security legislation as they are in an employee-employer relationship with the aggregators. They should also be recognised as unorganised workers under the Unorganised Workers’ Social Welfare Security Act, 2008 and hence entitled to social security.

The petitioners further contended that denial of social security has resulted in exploitation within the meaning of Article 23 of the Constitution. The respondent companies claim that no employment contract exists between them, and if such a claim is accepted, it would be contradictory to the purpose of social welfare legislation. Moreover, the companies exercise complete control over the method and manner of work of people registering on their apps.

"Just because the employers consider the relationship as a partnership, it does not take away the fact there exists a jural relationship of employer and employee within the meaning of applicable laws."

The Petitioners referred to the UK Supreme Court's judgment, whereby the top court held that Uber drivers are entitled to minimum wage, annual leaves (Paid) and other worker's rights.

Author: Papiha Ghoshal