Lawstreet Journal

'Gig Workers' Approach Supreme Court Seeking Social Security Benefits from Zomato, Swiggy, Ola, and Uber

Lawstreet Journal 22 Sep 2021 9:37pm

Image courtesy: Lawstreet Journal Business 'Gig Workers' Approach Supreme Court Seeking Social Security Benefits from Zomato, Swiggy, Ola, and Uber

"Gig Workers" have approached the Supreme Court seeking social security benefits from food delivery apps such as Zomato and Swiggy, as well as taxi aggregator apps Ola and Uber, raising important public and constitutional questions about whether the "Right to Social Security" is a guaranteed fundamental right for all working people, whether employed in formal or informal sectors.

The Indian Federation Of App Based Transport Workers (IFAT), a registered union and federation of Trade Unions representing App-based transport and delivery workers, filed the petition on behalf of "Gig Workers." It is argued that "gig workers" and "platform workers" are covered by the definition of "workman" under all social security legislation because they have an employment relationship with the aggregators.

The petitioners requested that "gig workers" and "app-based workers" be classified as "unorganized workers" and/or "wage workers" under Sections 2(m) and 2(n) of the Unorganized Workers Social Welfare Security Act, 2008.

"The failure of the State to register them as "uunorganized workers" or to provide them with social security under existing law violates their rights under Article 21 of the Constitution of India ("CoI"), namely the right to work, the right to a livelihood, and the right to decent and fair working conditions.

"It is also a violation of the right to equality before the law and equal protection under the law because they are in the same situation as all other workers under the applicable social security laws, including the Act of 2008, thereby violating Article 14 of the… Continue Reading...

Tagged: Zomato   Swiggy   Ola   Uber  
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