Published on: April 16, 2025

KARNATAKA PLATFORM-BASED GIG WORKERS (SOCIAL SECURITY AND WELFARE) BILL, 2024

KARNATAKA PLATFORM-BASED GIG WORKERS (SOCIAL SECURITY AND WELFARE) BILL, 2024

NEWS –

  • Karnataka may become the second state after Rajasthan to introduce a law for platform-based gig workers.
  • The Bill aims to address the lack of formal protections for gig workers in sectors like food delivery, ride-hailing, and logistics.
  • Covers gig workers from platforms like Swiggy, Zomato, Ola, Uber, Amazon, Flipkart, etc.

HIGHLIGHTS

Why Legislation Was Needed

  • Rising Gig Workforce: ~2 lakh gig workers in Bengaluru alone.
  • Lack of Protections: Gig workers are not covered by traditional labour laws.
  • Neglect and Exploitation: Increasing cases of unfair treatment and arbitrary terminations.
  • Pending Central Action: The 2020 Code on Social Security (CoSS) yet to be implemented.

Timeline and Development

  • Draft Published: June 2024 by the Siddaramaiah-led government.
  • Opposition from Industry Bodies: NASSCOM and IAMAI raised objections.
  • Political Support: Discussion with Rahul Gandhi, and cleared by Cabinet on April 11, 2025.

Key Provisions of the Bill

  • Definition of Gig Worker: Includes all platform-based, piece-rate workers.
  • Welfare Fund: Funded by a 1%-5% welfare fee per worker transaction.
  • Welfare Board: To register workers, collect fees, and implement benefits.
  • Database Requirement: Aggregators must share gig worker data.
  • WFVS (Welfare Fee Verification System): Tracks all payments and fee deductions.

Worker Protections Introduced

  • Safe Working Conditions: Access to restrooms, safety, and rest periods.
  • Protection from Arbitrary Termination:
    • 14-day notice required (waived if bodily harm caused).
    • Termination only with written reason.
  • Fair Contracts: Mandatory transparent contracts and algorithm transparency.
  • Grievance Redressal Mechanism:
    • Two-tiered: Internal committee followed by escalation to board.

Objections Raised

  • Definition Conflict: Not clearly excluding employer-employee relationships.
  • Welfare Fee Structure: Unfit for all business models.
  • Double Contribution Concern: Conflict with CoSS requirements.
  • Grievance Redressal via Industrial Disputes Act: Deemed inapplicable.
  • Transparency Requirements: Algorithm disclosures opposed as trade secrets.
  • State Overreach: Concerns over state interference with business operations.

Amendments and Changes Made

  • Removed Industrial Disputes Act Reference: Now has a custom grievance process.
  • No Criminal Liability: Non-compliance decriminalized.
  • Retained 14-day Notice: With exemption for bodily harm cases.
  • Clarified Welfare Fee: Resolved ambiguity around fee collection.
  • Sunset Clause Introduced: Avoids duplication once CoSS is implemented.
  • CTIMS Replaced with WFVS: Simpler API-based system with less burden.
  • Definition Maintained: Employer-like obligations only for social security.