NEW DELHI : The Supreme Court on Monday decided to investigate whether concert workers and those working for app-based services can be treated as “disorganized workers” and thus be entitled to social benefits such as insurance, deficit fund, gratuity, maternity allowance and other welfare schemes denied to them .
The case was brought before the court of the Indian Federation of App-Based Transport Workers (IFAT) along with two people, one of whom is a driver with a cab aggregator.
Issuing notices of petition to the center along with four app-based operators – Ola, Uber, Swiggy and Zomato – a court of judges L. Nageswara Rao and BR Gavai made the case public after four weeks.
Attorney Indira Jaising said when he appeared before the petitioners, “We ask the court that these drivers and delivery workers who work for the app-based services are ‘workers’. These organizations claim to be independent contractors who do not can be accepted. “
The petition said: “It is the case of the petitioners, commonly known as ‘gig workers’ and ‘platform workers’, that they are in an employment relationship with the aggregators and therefore fall within the definition of ‘worker’ in the sense of all applicable social security legislation. ” This legislation includes The Workmen’s Compensation Act, 1923; The Industrial Disputes Act, 1947; The Employee’s State Insurance Act, 1948; Employee’s Provident Funds and Diverse Provisions Act, 1952; The Maternity Benefit Act, 1961; The Payment of the Gratuity Act, 1972 and the ‘Uorganized Workers’ Social Welfare Security Act, 2008.
Jaising referred to a recent judgment of the British Supreme Court, which ruled that contracts entered into by these app-based services were a “deficit”, as there is essentially an employer-employee relationship between these organizations and those who work for them. .
The terms of contracts between Uber, Ola, Zomato and Swiggy with their drivers or delivery staff are almost the same. In any case, the said contracts are fixed-term employment contracts with the character of “take it or leave it”. , have no choice but to sign the said contracts for their livelihood, “it is stated in the petition filed by lawyer Nupur Kumar.
The petition pointed out that Parliament had adopted the Social Security Code, 2020, to amend and consolidate all social security laws and extend the benefits under those laws to all employees and workers in organized and unorganized sectors.
This code contained a separate chapter “Social Security for Disorganized Workers, Concert Workers and Platform Workers”, which received the President’s nod in September 2020, but which has not yet been implemented.
The State’s failure to register them as ‘disorganized workers’ or to provide them with social security under existing law is a violation of their rights under Article 21 of the Constitution of India, namely – the right to work, the right to livelihood; right to decent and fair working conditions. It is also a denial of the right to equality before the law and equal protection of laws, “the petition added.
Never miss a story! Stay connected and informed with Mint.
our app now !!