Karan Kumar Agrawal

https://doi.org/10.64823/ijlpg.2601008

This paper examines the legal gap between factory workers and platform workers in India with respect to social security and welfare. Factory workers enjoy clear statutory protections under laws such as the EPF Act, 1952, the Employees’ State Insurance Act, 1948, and the Payment of Gratuity Act, 1972. These enactments guarantee contributions to provident funds, health insurance, maternity benefits, accident compensation, and gratuity. In contrast, platform workers—app‐based drivers and couriers engaged by companies like Ola, Zomato, and Uber—are classified as independent contractors and thus lie outside these schemes. Although the Code on Social Security, 2020 formally defines “gig worker” and “platform worker” and provides for welfare schemes, it does not automatically confer provident fund or insurance benefits upon these workers. The discretionary nature of scheme design, unclear funding obligations for aggregators, and absence of enforceable rights leave platform workers vulnerable. By analyzing statutory provisions, reviewing landmark domestic and foreign judgments on employment status, and comparing legislative responses in the UK, EU, and US, this paper demonstrates that existing tests of control and supervision are inadequate for modern digital work. It argues for a tailored legal category—such as “dependent contractor”—and recommends mandatory social security contributions, clear employer obligations, and access to minimum wages and collective bargaining. Such reforms will align India’s labour framework with constitutional principles of equality and social justice and extend essential welfare benefits to all workers, irrespective of the platform through which they are engaged. By examining statutory provisions, landmark judgments, and comparative approaches from the UK, the EU (Platform Work Directive, 2024), and the US (, this study aims to propose a “dependent contractor” category and recommend mandatory contributions, clear employer obligations, and collective bargaining rights for platform workers.