India’s refusal to uphold a global gig work law

India’s refusal to uphold a global gig work law

GS-II: International Relations | GS-III: Labour & Employment

Context

Historic convention: The International Labour Conference adopted ILO Convention No. 193 – “Decent Work in the Platform Economy” on June 12, 2026, in Geneva.

First binding treaty: It is the first binding international treaty for workers earning a livelihood through digital platforms.

India’s stand: The Convention was adopted with 406 votes in favour, 8 against and 36 abstentions. India abstained, although its employer and worker delegates voted in favour.

Convention No. 193 – Key Provisions

Floor of rights: Extends a minimum set of rights to platform workers irrespective of whether companies classify them as employees or independent partners.

Core protections: Provides for statutory or negotiated minimum pay, timely payment, occupational safety and health, and social security comparable to that of similar workers.

Algorithmic management: Requires platforms to disclose significant automated decisions, explain them in writing, and keep a human in the decision-making process.

Worker classification: Article 9 requires governments to classify workers mainly on the basis of the actual work performed rather than contractual labels.

India’s Gig Workforce

Rapid growth: India’s gig workforce stood at about 7.7 million in 2020–21 and is projected by NITI Aayog to reach 2.35 crore by 2029–30, accounting for about 6.7% of the non-agricultural workforce.

Income levels: About 39% earn ₹10,000–₹25,000 per month, while 34% earn ₹25,000–₹40,000 per month.

Limited social security: Only about 15% of gig workers have access to any social security.

India’s Existing Framework

Code on Social Security, 2020: Recognises “gig worker” and “platform worker.”

Aggregator contribution: Requires aggregators to contribute 1%–2% of annual turnover (capped at 5% of worker payouts) to a social security fund.

Implementation status: According to the editorial, the contribution mechanism remains largely un-operationalised and the schemes remain notional.

State initiatives: Rajasthan’s Platform-Based Gig Workers Act, 2023, and welfare boards drafted in Karnataka and Telangana.

India’s Position on ILO Conventions

Founding member: India is a founding member of the ILO.

Ratification record: India has ratified six of the eight core conventions.

Pending conventions: India has not ratified Convention No. 87, Convention No. 98, and Convention No. 190.

Concerns Highlighted in the Editorial

India’s abstention: The Government abstained despite the Convention extending rights currently unavailable to many gig workers.

Implementation gap: Existing legal provisions remain largely unimplemented.

Algorithmic opacity: Workers may lose work opportunities through automated decisions without explanation.

Weak social protection: Many gig workers continue to lack accident cover, sick pay and pension.

State-Centre contrast: While some States have enacted welfare measures, the Centre abstained from supporting the Convention.

Way Forward

Operationalise existing provisions: Implement the social security framework envisaged under the Code on Social Security, 2020.

Strengthen worker protection: Ensure effective delivery of social security benefits to gig workers.

Improve algorithmic accountability: Increase transparency in automated decision-making affecting workers.

Build on State initiatives: Draw upon measures adopted by Rajasthan, Karnataka and Telangana.

Conclusion

Editorial’s observation: As India’s platform economy expands, ensuring effective protection for gig workers remains a key policy challenge.

UPSC Mains Practice Question

Q. Discuss the significance of ILO Convention No. 193 on “Decent Work in the Platform Economy”. Why did India’s abstention attract criticism?