The COVID crisis has brought out one of the major downsides of the gig economy. With the current model that majorly favors the employers and has no protection for the employee in times of crisis, it is uncertain that the gig economy can survive without major policy interventions regarding incentives for employees and regulations for employers. For the gig economy to flourish sustainably in India, an affirmative policy push is required in the direction of providing a fiscal stimulus by bringing in some characters of the ‘minimum rights approach’ of the EU. With the COVID crisis leading to the loss of physical jobs and questioning the nature of work, it seems like an apt juncture to find the right amount of regulation for the gig economy in India. (more…)
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The Code on Social Security, 2020, widens the ambit of social security policies by including employees and workers of both organised and unorganised sectors, which is a crucial step in the right direction for ensuring social security for all. The Code promises to pioneer the rights of employees in a sector agnostic manner by extending effective policies for guaranteeing social security. While it has paved the way for affecting the much needed change in India’s social security policies, there is scope for improving the language of the provisions of the Code for ensuring that it achieves the desired results. In the absence of such modifications in the specific provisions, it runs the risk of misinterpretation which can adversely impact the same rights that the Code otherwise sets out to reinforce. (more…)
By Prakhyati Upadhyay, GLC Mumbai.
India’s social security system draws its inspiration from Articles 41, 42, 43 and 47, as enshrined in the Directive Principles of State Policy of our Constitution, which contain all the ingredients obliging the State to move towards the realization of socio-economic rights and in effect, meet the income security aspirations of all its citizens. Broadly, social security can either be a non-contributory and State-funded social assistance mechanism aimed at directly benefiting the vulnerable sections like children, mothers, elderly, invalids and disabled, or a contributory social insurance mechanism, comprising contributions both from beneficiaries and employers/State. Nonetheless, both these mechanisms appear well dispersed amongst both sectors-the organized and the unorganized. (more…)