The new technology has rapidly changed the nature of work and labour relations. A new type of workers 'the Gig Workers' as unorganised workers employed in unorganised sector have emerged in all the countries. Though ther

CS Professional · Labour Laws and Practice · PYQS · June 2024
The new technology has rapidly changed the nature of work and labour relations. A new type of workers 'the Gig Workers' as unorganised workers employed in unorganised sector have emerged in all the countries. Though there has been a significant increase in the number of Gig workers in India, but serious concerns have been expressed about the availability of jobs and income security to them. A mismatch of skills have also become a common phenomenon. Proper planning to reduce the mismatch and upskilling is thus required. State intervention has also become important to provide social security to these workers. These Gig workers as unorganised workers protest and demand for all social security laws and want the protection under Indian Labour Laws and the Constitution of India. These unorganised workers as Gig workers are educated youth and plays a significant share of growth in European countries. They provide skill intensive professional services such as legal, accounting services, software development and translation. They are demanding the status and the protection as given by the developed countries. As per these workers, they contribute majorly in the Indian economy. In the light of above, answer the following questions: Define the unorganised workers including Gig workers and their legal rights as per the Unorganised Workers' Social Security Act, 2008.

Answer & Explanation:

Definition of Unorganised Workers: The term Unorganised workers is defined under section 2(m) of the Unorganised Workers' Social Security Act, 2008 which means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II of the Unorganised Workers' Social Security Act, 2008. Gig Workers: Regarding gig workers, they are classified into two categories - Platform workers and non-platforms workers, where they use online algorithmic matching platforms i.e. websites or apps like Amazon, Zomato, Ola, Blinkit or Uber to connect with customers, they are known as platform workers. The workers who work outside of these platforms are non-platform workers. These mainly include construction workers, day job workers and non-technology based temporary workers. Legal Rights/Welfare Schemes for Unorganised Workers: The Central Government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to- life and disability cover; health and maternity benefits; old age protection; and any other benefit as may be determined by the Central Government. The schemes included in the Schedule 1 of the Unorganised Workers' Social Security Act, 2008 shall be deemed to be the welfare schemes which includes: Indira Gandhi National Old Age Pension Scheme. National Family Benefit Scheme. Janani Suraksha Yojana. Handloom Weavers' Comprehensive Welfare Scheme. Handicraft Artisans' Comprehensive Welfare Scheme. Pension to Master craft persons. National Scheme for Welfare of Fishermen and Training and Extension. Janshree Bima Yojana. Aam Admi Bima Yojana. Rashtriya Swasthya Bima Yojana. Unorganised workers have limited recognition under the current Indian Labour laws. The other home based and self-employed workers are recognised by the Unorganised Workers' Social Security Act 2008 but not getting any of the benefit of statutory labour legislations. The welfare of migrant workers, building and construction workers and unorganized workers is regulated to an extent under the Contract Labour (Regulation & Abolition) Act, 1970, the Unorganised Workers' Social Security Act, 2008 and the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996.

Topics: Unorganised Workers' Social Security Act, 2008

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