INTRODUCTION

Karnataka’s release of the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill 2024.

ISSUES WITH THE BILL

Consultative Process

• Public Consultation:
  • Limited to 10 days.
  • Initially only available in English; Kannada version released late.
• Impact: Reduced meaningful engagement from gig and platform workers.

Substantive Gaps

• International Developments Ignored:
  • Earnings, working hours, wage fluctuations, and arbitrary incentive schemes.
  • Common practice of “deboarding” (termination without due process).

MISCONCEPTIONS ABOUT GIG WORK

• Earnings and Work Hours:
  • Studies show diminishing earnings and long working hours.
  • Report “Prisoner on Wheels”:
    • 1% of cab drivers earn less than Rs 500/day after costs.
    • 32% of delivery workers earn Rs 201-400/day.
    • Over 60% of cab drivers work at least 12 hours/day.
    • 55% of delivery workers work 10-12 hours/day.

Wage and Hour Regulations

• Lack of Minimum Wage Guarantee:
  • No provision for a minimum guarantee of wages.
  • Does not regulate working hours.
• Recommendation:
  • Include minimum wage provision.
  • Notify minimum wage considering workers’ expenses (fuel, maintenance, capital costs).

COLLECTIVE BARGAINING AND FREEDOM OF ASSOCIATION

• Current Bill:
  • Fails to institutionalize collective bargaining.
  • Does not operationalize the right to Freedom of Association (Article 19(1)(c)).
• Recommendation:
  • Adopt Industrial Relations Code provisions for compulsory recognition of unions and collective bargaining.

SOCIAL WELFARE BENEFITS

• Welfare Fee Collection:
  • Limited to the pay received by the worker per transaction.
  • Does not specify guaranteed welfare schemes.
• Implementation Issues:
  • Historical failure of similar schemes (e.g., Building and Other Construction Workers Act).
• Recommendation:
  • Clearly define welfare schemes and ensure proper implementation.

ANALYSIS

Strengths of the Bill

• Comprehensive Scope: The Bill’s inclusion of social security, algorithmic transparency, and grievance redress extends beyond previous legislation.
• Recognition of Issues: Addresses key concerns like social security and worker rights.

Weaknesses and Areas for Improvement

• Consultative Process: The short and linguistically limited consultation period hindered worker participation and feedback.
• Substantive Gaps: The Bill’s failure to address international standards and common issues like earnings and work hours undermines its effectiveness.
• Wage and Hour Regulations: Lack of provisions for minimum wage and working hours leaves workers vulnerable to exploitation.
• Collective Bargaining: The absence of institutionalized collective bargaining and freedom of association limits workers’ ability to negotiate fair terms.
• Social Welfare Benefits: Ambiguity in welfare fee collection and scheme implementation risks ineffective protection for workers.

Recommendations

• Extend Consultation Period: Ensure adequate time and accessibility (multiple languages) for public feedback.
• Incorporate International Standards: Align with global practices on worker protections.
• Guarantee Minimum Wage and Regulate Hours: Include explicit provisions for fair wages and working hours.
• Institutionalize Collective Bargaining: Adopt compulsory union recognition and collective bargaining provisions.
• Define and Implement Welfare Schemes: Clearly outline and enforce welfare benefits funded by the welfare fee.

CONCLUSION

The Karnataka government must refine the Bill through inclusive consultations and comprehensive provisions to protect gig and platform workers effectively, setting a positive precedent for similar legislation nationwide.