Help gig workers get Social Security benefits: Plea in SC | India News – Community News
Social Security

Help gig workers get Social Security benefits: Plea in SC | India News

NEW DELHI: A petition has been filed seeking Supreme Court intervention in securing Social Security benefits for gig workers employed by Uber, Ola Cabs, Swiggy, Zomato and other app-based service providers.
The petition, filed jointly by a registered union and a federation of unions representing app-based transportation and delivery drivers, and two individual drivers who have worked for Ola Cabs and Uber, alleged that the denial of social security benefits such as pension and health insurance for them is a violation of their right to life and right against forced labour. “The current petition is filed and raises questions of great public and constitutional importance, namely whether the ‘Right to Social Security’ is a guaranteed fundamental right for all working people, whether they work in the formal or informal sector,” the petition, handled by senior advocate Indira Jaising, said.
“It is the case of the Petitioners herein known as gig workers and platform workers that they have an employment relationship with the Aggregators and thus fall within the definition of ‘workman’ within the meaning of all applicable social security legislation including: The Work Compensation Act , 1923; The Industrial Disputes Act, 1947; The State Employee Insurance Act, 1948; Employee Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Benefit Act, 1961; The Tipping Act, 1972 and the Social Security Act for Unorganized Workers, 2008,” it reads.
The petition asking for SC’s direction from Center states that the mere fact that their employers refer to themselves as “aggregators” and enter into so-called “partnership agreements” does not negate the existence of an employer-employee relationship between them. these workers do not enjoy social security under any of the labor laws. This goes against the very purpose of social security legislation, which aims to ensure social security – a facet of the right to work and livelihood to decent working conditions under Article 21 of the Constitution,” it said.
“This legislation has been enacted in accordance with State Policy Guidelines for the purpose of safeguarding the basic human dignity of workers. The inaction on one side of the state in ensuring the social security of the “gig-workers” and “platform workers”, despite the existence of the said laws, is the most obvious violation of Article 21, apart from a violation of Article 14 and Article 23 of the Constitution .

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