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India Drafts Social Security Rules for Gig Workers, Setting 90/120-Day Eligibility

The proposal is open for public comment and is not yet in force.

Overview

  • Eligibility requires 90 days with a single aggregator or 120 days across multiple platforms in a financial year, with workdays counted cumulatively and same-day engagements counted separately.
  • All workers over 16 must register on the e-Shram portal using Aadhaar, aggregators must share worker data to generate a universal account number, and eligible registrants will receive an identity card; coverage extends to those engaged directly or via subsidiaries and third parties.
  • The draft mandates health, life and personal accident insurance for qualifying workers, with potential pension benefits later based on contributions by platforms and workers and integration with Ayushman Bharat for registered workers.
  • Workers become ineligible upon turning 60 or if they fail to meet the applicable minimum workdays in the previous fiscal year.
  • A proposed National Social Security Board would assess gig worker numbers, identify new types of aggregators and shape welfare policy, with five government-nominated representatives each from unorganised worker and employer associations.