The gig economy has become a major source of livelihood for women. Whether offering services through digital platforms, freelancing, or doing app-based delivery and caregiving work, more women are choosing flexible ways to earn.
But what legal protections do these women actually have? Let's break down the rights and protections available to women gig workers under Indian labour and workplace laws.
Legal Recognition Under Labour Law
India officially recognises gig and platform workers under the Code on Social Security, 2020. This law includes gig workers, platform workers, and unorganised sector workers as distinct categories eligible for social security benefits.
Key rights for Gig workers:
- Access to Social Security Schemes: Women gig workers are eligible for schemes related to life insurance, health insurance, maternity benefits, and provident fund contribution.
- Registration rights: Gig workers can register themselves on government portals to avail of these benefits.
- Occupational safety: The Occupational Safety, Health, and Working Conditions Code, 2020, also applies to workers in non-traditional work setups, aiming to ensure safety and dignity in all work environments.
Protection Under the POSH Act, 2013
The Prevention of Sexual Harassment at Workplace Act (POSH), 2013, provides comprehensive protection against sexual harassment for women across all kinds of workplaces.
Who is Covered?
- Temporary workers
- Freelancers
- Part-time workers
- Contractual workers
- Volunteers and gig workers
Rights Under POSH:
- Right to File a Complaint: Women have the right to report any act of sexual harassment to an Internal Committee (IC) if available or to a Local Complaints Committee (LCC) in their district.
- Right to Confidentiality : All complaints are to be handled with strict confidentiality.
- Right to a Fair Hearing: Women are entitled to a fair and impartial inquiry process.
Even if a gig worker is not directly employed by an organisation, she can approach the LCC set up by the district officer under the POSH Act to seek justice.
What Can Women Gig Workers Do?
1. Register with Women's Official Platforms
- Sign up on government portals like the e-shram portal to access benefits under social security schemes.
2. Report Sexual Harassment
- Approach the Local Complaints Committee (LCC) in your district if there is no employer or internal committee.
- Keep records of incidents, witnesses (if any), and communications.
3. Stay Informed
- Read up on your rights under the Social Security Code and POSH Act.
- Take part in orientation sessions or webinars offered by NGOs or legal aid centres.
In Summary.
Indian law acknowledges and protects the rights of women in the gig economy through
- Social security Code, 2020
- POSH Act, 2013
- Safety provisions under the Occupational Health Code
These laws ensure that women, regardless of employment type, have the right to safety, dignity, and social protection at work.
By staying informed and taking proactive steps, women in the gig economy can claim their legal rights and work with confidence.
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