India's Gig Workers Win Rights: New 90-Day Rule Brings Minimum Wage, Social Security

The government has published draft rules for the four new labour codes, finally extending crucial protections to India's gig workforce. To qualify for benefits like minimum wage and social security, a gig worker must be engaged with an aggregator for at least 90 days in a financial year. The rules provide clear formulas for calculating hourly and monthly minimum wages based on skill and location. These codes also make appointment letters mandatory for all workers, a significant shift aimed at ensuring transparency and job security.

Key Points: New Labour Codes Bring Gig Workers On Board with 90-Day Employment Rule

  • Gig workers must be associated with an aggregator for 90 days to qualify for social security benefits
  • Workers engaged with multiple aggregators have a higher eligibility threshold of 120 days
  • The rules mandate appointment letters for all workers, ensuring job security and transparency
  • Minimum wage calculations will consider geographical area, skill level, and work experience
3 min read

New labour codes bring on board gig workers with 90-day employment

New draft rules extend minimum wage, health, and social security benefits to gig workers after 90 days of engagement with an aggregator. Stakeholder feedback invited.

New labour codes bring on board gig workers with 90-day employment
"If a worker is engaged with three aggregators on the same calendar day, it will be counted as three separate days of engagement. - Draft Labour Rules Notification"

New Delhi, Jan 2

The Ministry of Labour and Employment has published the draft rules for the four labour codes, which also bring gig workers on board for various benefits such as minimum wage, health, occupational safety, and social security coverage.

The government has invited feedback from stakeholders on these draft rules and aims to finally roll out the entire package of four labour codes across the country from April 1.

Under the draft rules, in order to be eligible for the benefits, a gig or platform worker must be associated with an aggregator for at least 90 days in a financial year to qualify for social security benefits created by the Centre. If a worker is engaged with more than one aggregator, the minimum requirement is fixed at 120 days.

The notification, dated December 30, 2025, was issued a day before the gig and platform workers went on a flash strike for higher wages and better working conditions.

The rules clarify that a worker is considered "engaged" on any calendar day if they earn income for work done for an aggregator, regardless of how much they earn.

If a worker is associated with multiple aggregators, the number of engagement days will be added together across all aggregators. The draft also states that if a worker is engaged with three aggregators on the same calendar day, it will be counted as three separate days of engagement.

Regarding the minimum wage, the draft rules state that when the rate of wages for a day is fixed, then such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty-six for fixing the rate of wages for a month. In case of a five-day working week, the hourly rate of minimum wages so calculated shall be used to derive the minimum wages for the day.

While fixing the minimum rates of wages, the Central government shall take into account the geographical area, experience in the area of employment, and level of skill required for working under the categories of unskilled, semiskilled, skilled, and highly skilled, the rules further state.

The four codes -- the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020 -- were notified on the same day.

The Labour Codes make it mandatory for employers to issue appointment letters to all workers, which provides written proof to ensure transparency, job security, and fixed employment. Earlier, no mandatory appointment letters were required.

Under the Code on Social Security, 2020, all workers, including gig and platform workers, will get social security coverage. All workers will get PF, ESIC, insurance, and other social security benefits. Earlier, there was only limited security coverage.

Under the Code on Wages, 2019, all workers will receive a statutory minimum wage payment, and timely payment will ensure financial security. Earlier, minimum wages applied only to scheduled industries or employments and large sections of workers remained uncovered.

- IANS

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Reader Comments

A
Arjun K
Good move on paper, but will the aggregators actually comply? The rules for multiple platforms adding up days is clever, but tracking this will be a nightmare. The government needs a very robust digital system to monitor this, otherwise it's just another law that looks good in the gazette.
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Rohit P
Minimum wage, PF, ESIC... this is huge for the gig economy! So many young people in cities depend on these jobs. The appointment letter provision is key for transparency. Bhai log, ab thoda stability aayega life mein.
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Sarah B
Interesting to see India formalizing its gig workforce. The 120-day rule for multiple aggregators seems designed to prevent abuse. I hope the geographical variation in minimum wage is fair and doesn't create huge disparities between states.
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Vikram M
The timing is ironic, no? Notification on 30th Dec, strike on 31st. Shows the pent-up frustration. While the codes are progressive, the government must ensure strict enforcement. Otherwise, companies will find loopholes. The devil is always in the implementation.
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Kavya N
As someone who uses these services daily, I'm happy to hear the people delivering my food or cab drivers will have a safety net. They work so hard, often in terrible weather. They deserve every bit of security. Hope the costs aren't passed entirely onto consumers though.

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