Aadish, a platform worker, has completed six years of continuous service with Swift Logistics (an aggregator). Is he legally entitled to claim gratuity from Swift Logistics ? Substantiate your reasoning with the appropri

CS Professional · Labour Laws and Practice · PYQS · June 2026
Aadish, a platform worker, has completed six years of continuous service with Swift Logistics (an aggregator). Is he legally entitled to claim gratuity from Swift Logistics ? Substantiate your reasoning with the appropriate provisions under the Code on Social Security, 2020.

Answer & Explanation:

The concept of platform workers is first time recognised in the code on social security. Section 2(60) of the Code on Social Security, 2020 defines the term platform work which means a work arrangement outside of a traditional employer-employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment. Further Section 2(61) defines platform worker which means a person engaged in or undertaking platform work. In terms of Section 53(1) of the Code on Social Security, 2020, gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years: on his superannuation; or on his retirement or resignation; or on his death or disablement due to accident or disease; or on termination of his contract period under fixed term employment; or on happening of any such event as may be notified by the Central Government. Further, Section 114 of the Code specified that the Central Government may frame and notify, from time to time, suitable social security schemes for platform workers on matters relating to- life and disability cover; accident insurance; health and maternity benefits; old age protection; crèche; and any other benefit as may be determined by the Central Government. Therefore, the platform workers are not entitled to claim Gratuity from Swift Logistics, even though he has completed six years of services. However, if Aadish is classified as a fixed-term employee rather than a platform worker, he must be entitled for gratuity calculated on his 6 years of services.

Topics: Code on Social Security, 2020

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