- 19-Apr-2025
- Healthcare and Medical Malpractice
The gig economy in India, including platforms like Uber, Swiggy, and Ola, has created new opportunities for workers, including women. However, gig economy workers, often categorized as independent contractors, face uncertain work conditions, lack of benefits, and vulnerabilities, especially women workers who may be exposed to risks such as harassment, unsafe working environments, and discriminatory practices. While the Indian legal framework has taken steps to address some of these challenges, legal protections for women in the gig economy remain limited and often do not fully cover the unique nature of gig work.
This law mandates that all workplaces, including gig economy platforms, must have mechanisms in place to address sexual harassment. However, this law primarily applies to traditional workplaces and may not always be effectively enforced for gig workers, especially those working remotely or without a physical office.
Uber and similar platforms have put in place internal grievance redressal systems and safety measures, such as the 24/7 helpline, but the enforcement of these measures remains a challenge, particularly for women working in more informal settings.
This code mandates that all workers, including those in the gig economy, should receive fair wages for their work. However, gig workers, classified as independent contractors, often do not receive the same legal protections as full-time employees, such as minimum wages, social security, or paid leave. This leaves women gig workers vulnerable to exploitation, with pay dependent on the number of trips or deliveries they make.
In ride-hailing services like Uber, women drivers often face challenges regarding fair compensation for their time and effort, as the platform-based pay structure may fluctuate based on demand, availability, and other factors.
The Indian government introduced this code to provide social security benefits to workers, including those in the gig economy. While it does provide some benefits for gig workers, including health insurance, maternity benefits, and retirement benefits, the provisions for gig economy workers are still in the process of being fully implemented.
Maternity benefits under the Maternity Benefit (Amendment) Act, 2017, are also extended to female employees in the formal sector but do not apply to gig workers unless they are classified as formal employees. For female gig workers like Uber drivers, the absence of paid maternity leave remains a significant gap.
This law mandates equal pay for equal work and prohibits gender-based discrimination in terms of wages and employment benefits. While this applies to many workers in the formal sector, gig workers, including women drivers, may face gender bias in terms of pay rates, work allocation, and treatment by employers or customers.
There have been concerns about gendered job roles within the gig economy, with some platforms focusing more on promoting women in delivery rather than in driving services like Uber, thus limiting their potential for equal work opportunities.
Uber, as well as other gig platforms, have implemented various safety features aimed at protecting female drivers. These include:
One of the major challenges is the legal classification of gig workers as independent contractors, rather than employees. This status limits their access to employee benefits, including labor rights, social security, and job security.
While women gig workers may face unique challenges related to safety, harassment, and pay disparity, the lack of comprehensive labor protections for gig workers in general leaves them exposed to vulnerability in a way that traditional workers are not.
Some states in India, such as Tamil Nadu and Karnataka, have implemented specific safety measures or training programs to help women gig workers navigate the risks associated with their work. These programs often focus on improving safety and providing support for women in male-dominated sectors.
In Bangalore, a female Uber driver faced harassment by a passenger and was able to report the incident through Uber’s internal safety feature, leading to the passenger being banned from the platform. Uber also provided the driver with emotional support and legal assistance, highlighting the importance of platforms offering support systems for women workers. However, incidents of harassment still remain an ongoing issue that highlights the inadequacies in gender-sensitive laws and policies.
Indian laws do offer some protections for women in the gig economy, but significant gaps remain. The lack of formal employee status for gig workers means that women in the gig economy do not fully benefit from labor laws that protect against discrimination, ensure equal wages, and provide social security benefits. Additionally, while platforms like Uber have introduced certain safety measures and emergency protocols, gender-based safety concerns persist, and legal protections need to be more robust and inclusive to ensure the fair treatment of women gig workers. Ongoing reforms to labor laws and the gig economy in India are necessary to provide more comprehensive protections for women workers.
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