New Draft Rules For Gig Workers: Minimum Work Days Explained – Who Will Get Social Security, Who Won’t

Gig Workers: The government has proposed draft rules under the new Social Security Code that mandate a minimum engagement period for gig and platform workers to qualify for social security benefits. These draft rules, now released for public comment, aim to formalize welfare measures for workers in the unorganised digital economy.

New Rules For Gig Workers: Minimum Work Threshold Defined

According to the draft, a gig or platform worker must be engaged with a single aggregator for at least 90 days within a financial year to be eligible for social security benefits. For workers associated with multiple aggregators, the threshold has been proposed at 120 days.

The rules define a worker as “engaged” from the day they start earning income, regardless of the amount. If a worker is simultaneously associated with multiple aggregators on a given day, each engagement will be counted separately. For instance, if a worker works for three aggregators in one day, it will be counted as three workdays.

Eligibility and Coverage Under The New Social Security Code

The draft rules clarify that eligible workers include those engaged by an aggregator directly, through an associate company, subsidiary, limited liability partnership, or a third party.

The new labour codes mandate that gig and platform workers receive social security benefits, including:

Health insurance

Life insurance

Personal accident insurance

The government may also introduce additional schemes in the future. Registered workers will be covered under the Ayushman Bharat health scheme. Pension schemes may also be introduced later, based on contributions from both the platforms and the workers themselves.

Registration and Identification For Gig Workers

All gig and platform workers aged 16 and above must register using an Aadhaar-linked process. Aggregators are required to share details of their workers on a central government portal to generate a universal account number, unless the worker is already registered.

Each eligible registered worker will be issued an identity card, which may be either digital or physical.

The labour ministry has already begun registering gig workers on the e-Shram portal as part of this initiative.

National Social Security Board

The draft notification also details the composition of the National Social Security Board, which will:

Estimate the number of gig and platform workers

Identify emerging types of aggregators

Formulate welfare policies for these workers

The board will include five government-nominated representatives from associations of unorganised sector workers and five from employer groups.

How Will A Gig Worker Lose His Eligibility

Gig workers will lose eligibility for social security benefits under the following conditions:

Upon reaching 60 years of age

If they have not worked for 90 days with a single aggregator, or 120 days across multiple aggregators in the previous financial year

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