India's New Labour Laws: Empowering Gig Workers and Women Amid Historic Reforms

India has witnessed a major shift in its labour regulation framework with the implementation of the four consolidated labour codes. The four Labour Codes include 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.

The Code on Social Security, 2020, aims to ensure comprehensive and inclusive social protection for all sections of the workforce, especially gig and women workers.

It "reflects the government’s commitment towards inclusive growth and social security for all, in line with the vision of a Viksit Bharat by 2047," according to an official statement.

For the first time, Social Security Code recognises gig and platform workers, establishing a Social Security Fund for their welfare.

"The social security benefits have been extended to unorganised, gig and platform workers under Sections 113 & 114 of the Code on Social Security, 2020," the statement said.

The Code calls for establishing a National Social Security Board to advise the government on formulating and monitoring suitable schemes for different sections of workers in the unorganised, gig, and platform sectors.

The Social Security Fund will be used to provide benefits such as life insurance, disability cover, health and maternity benefits, and provident fund schemes for these workers.

Further, EPFO and ESIC coverage has been extended nationwide, bringing more establishments and workers under social security benefits.

The Social Security code merges nine existing Social Security Acts into one framework, ensuring universal social protection for organised, unorganised, gig, and platform workers.

It provides for 26 weeks of maternity leave, a work-from-home option, and crèche facilities.

Under the new law, every woman employee who has worked for at least 80 days in the 12 months before the expected delivery is eligible for equal wages during the maternity leave period of 26 weeks.

The law also provides for a woman who adopts a child below 3 months of age or is a commissioning mother (a biological mother who uses surrogacy) with 12 weeks of maternity benefit from the date of adoption or when the child is handed over.

“To provide more flexibility to women returning after maternity leave, the Code allows them to work from home if the nature of the work permits. The employer may permit work from home based on mutual agreement between the employer and the employee,” the statement said.

Notably, the law provides for nursing breaks for breastfeeding women as well as creche facilities.

“After returning to work post-childbirth, a woman employee is entitled to two nursing breaks each day for nursing her child until the child attains 15 months of age,” the statement said.

“Every establishment with 50 or more employees must provide a crèche facility within a prescribed distance. This requirement is now gender-neutral and applies to all types of establishments,” it added.

The Social Security code also promotes ease of doing business through digital records, decriminalisation, and compounding of offences, and a transparent, technology-driven Inspector cum facilitator system.

- IANS