The Union authorities instructed the Supreme Court docket that gig staff and app-based service suppliers haven’t had their elementary rights violated, citing the e-Shram portal that permits unorganised sector staff to entry numerous welfare schemes underneath statutory provisions.
The Centre’s response got here three years after the courtroom issued discover on a public curiosity litigation filed by the Indian Federation of App-Primarily based Transport Staff (IFAT) searching for social safety measures. The federal government emphasised that the 2020 Code on Social Safety, which incorporates particular provisions for unorganised staff, gig staff and platform staff, will likely be applied by means of an official notification, although no timeline was specified. Whereas the Code acquired Presidential assent in September 2020, it has remained inoperative as a result of lack of notification.
Final month, the Supreme Court docket instructed the Centre that labour and social safety rights for gig staff and app-based service suppliers can’t be denied if a statutory regime offers for such protections. The Centre was directed to file a response by Dec. 17 forward of the January listening to.
The Labour Ministry filed an affidavit on Dec. 20 stating, “e-Shram offers for registration of unorganised staff, together with platform staff.” The ministry launched the e-Shram One-Cease-Answer on Oct. 21, integrating all social safety and welfare schemes for unorganised staff onto a single portal. “This may allow unorganised staff together with platform staff registered on e-Shram to entry social safety schemes and see advantages availed by them thus far on a single portal,” the ministry added.
To spice up registration, the federal government issued an advisory on Sept. 16 urging platform aggregators to encourage their staff to register on the e-Shram portal. Nevertheless, the affidavit didn’t disclose present registration numbers for gig staff.
The federal government sought dismissal of the petition, asserting, “The advantages to staff together with unorganised staff can be found as per the eligibility standards of respective schemes. Therefore the elemental rights of the petitioners underneath Article 14 (proper to equality), Article 21 (proper to life and liberty) and Article 23 (prohibition of trafficking in human beings and compelled labour) haven’t been violated.”
The IFAT petition, filed by advocate Nupur Kumar, named main platforms together with Zomato, Swiggy, Uber and Ola. It accused these corporations of denying staff their entitlements by misclassifying them as impartial contractors relatively than staff, thereby depriving them of important social safety advantages and violating their elementary rights underneath Articles 14 and 21 of the Structure.
Filed in September 2021, the petition sought courtroom recognition of drivers and supply suppliers as “workmen” underneath numerous social safety legal guidelines. “It’s the case of the petitioners who’re generally referred to as ‘gig staff’ and ‘platform staff’ that they’re in an employment relationship with the aggregators and therefore coated by the definition of ‘workman’ inside the which means of all of the relevant social safety legislations,” the petition said.
The laws encompasses The Workmen’s Compensation Act, 1923; The Industrial Disputes Act, 1947; The Worker’s State Insurance coverage Act, 1948; Worker’s Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Profit Act, 1961; The Fee of Gratuity Act, 1972; and the Unorganized Staff’ Social Welfare Safety Act, 2008.
Critics have argued that the 2020 Code on Social Safety inadequately addresses gig staff’ issues. Whereas it recognises them as a definite class and defines platform staff who can avail advantages, the code doesn’t present statutory social safety advantages corresponding to organised sector staff, as an alternative relegating them primarily to discretionary schemes to be launched by the Centre or state governments.
The e-Shram One-Cease-Answer has built-in 12 social safety schemes to date, together with Pradhan Mantri Suraksha Bima Yojana (accident insurance coverage), Pradhan Mantri Jeevan Jyoti Bima Yojana (life insurance coverage), Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (well being scheme), PM Awas Yojana-Gramin (housing scheme), and Pradhan Mantri Shram Yogi Maandhan (pension scheme). Any unorganised employee who is just not an energetic member of ESIC or EPFO and doesn’t pay revenue tax can self-register on the portal.
The federal government’s affidavit emphasised its dedication “to supply social safety by formulation of appropriate welfare schemes for unorganised staff on issues regarding life and incapacity cowl, well being and maternity advantages, outdated age safety.” It famous that the Unorganised Staff’ Social Safety Act 2008 addresses these issues, and Part 3(4) of the Act empowers state governments to formulate welfare schemes overlaying provident fund, employment damage profit, housing, training schemes for youngsters, ability upgradation, funeral help and outdated age help.
Throughout a Nov. 19 listening to, the federal government knowledgeable the courtroom that the matter includes “coverage choice” to clarify the delay in submitting a response. Nevertheless, senior advocate Indira Jaising, arguing for IFAT, emphasised that the case involved “human and financial rights of gig staff” and demanded the extension of statutory advantages corresponding to organised sector staff.
The petition highlighted that main platforms’ contracts with staff are “take it or go away it” agreements, leaving staff no alternative however to signal to earn their livelihood. In response, corporations together with Uber, Ola, Zomato and Swiggy maintained of their Supreme Court docket affidavits that “there exists no contract of employment between them and the petitioners and that their relationship are within the nature of partnership.” The platforms said that drivers are “self-employed staff” who freely select to make use of their platforms, in a position to “board in and board out” at will.
The case is scheduled for listening to on January 20.
