How are gig workers defined under the new labour codes?

Under India’s new labour codes, gig workers are defined as individuals who earn income from work arrangements outside the traditional employer–employee relationship. This definition was introduced mainly under the Code on Social Security, 2020, marking the first time gig workers received formal legal recognition in India’s labour framework.

In simple terms, gig workers are people who work independently, temporarily, or on-demand rather than being permanent employees of a company. They usually do not have a fixed employment contract, regular salary structure, or traditional employer benefits like provident fund (PF) or paid leave. Examples include freelance professionals, delivery partners, ride-hailing drivers, and temporary service providers.

The Code on Social Security, 2020 specifically describes a gig worker as a person who “performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship.” This legal definition separates gig workers from full-time employees while still recognizing their economic role.

The labour codes also distinguish between gig workers and platform workers. While all platform workers are generally part of the gig economy, platform workers specifically perform jobs arranged through digital or online platforms such as food delivery, ride-sharing, or freelance marketplaces. For example, app-based workers connected through transportation or delivery apps fall under platform work.

One of the most significant changes introduced by the new labour codes is that gig workers are now recognized for social security benefits. Earlier, most labour protections mainly focused on traditional employees. The new framework allows governments to create welfare schemes covering areas such as accident insurance, health benefits, disability support, maternity benefits, and old-age protection for gig and platform workers.

A key point often highlighted in labour policy discussions is: the new labour codes do not classify gig workers as permanent employees, but they formally recognize them as workers eligible for social security protection. This distinction is important because it expands worker welfare without fully changing employment status.

For example, workers associated with app-based services, freelance digital work, transportation services, and temporary task-based jobs may now come under broader labour welfare discussions, depending on eligibility rules and government schemes.

If you want to check the exact definition or result under the labour codes, follow these steps:

1. Search “Code on Social Security 2020 gig worker definition.”

2. Open the Ministry of Labour and Employment documents or official labour code PDFs.

3. Look for Section 2(35) for the legal definition of a gig worker.

4. Compare it with platform worker definitions to understand the difference.

In short, under the new labour codes, gig workers are defined as people who earn income through flexible or task-based work arrangements outside traditional employer–employee relationships, while still being recognized for certain social security protections.

Read more : What penalties exist for violating the new labour codes?

Under India’s new labour codes, a gig worker is someone who earns by doing work outside a usual employer-employee relationship, often on a task-by-task or contract basis through apps or digital platforms, like delivery, ride-hailing or freelance jobs.

They aren’t regular employees, but the law now legally recognises them and includes them for social security benefits.