ABP Live Deep Dive | Can Gig Workers Finally Get Social Security? The 90-Day Rule Explained
The proposal comes at a time when debates around gig work, pay structures and worker protections have intensified across the country.
- Draft rules propose 90-day work threshold for benefits.
- Gig workers must earn income to count engagement days.
- Stakeholder consultations are underway before final notification.
The Centre has moved a step closer to extending social security coverage to India’s fast‑growing gig and platform workforce, proposing a minimum work‑day threshold that workers must meet to qualify for benefits under the new labour codes.
The proposal comes at a time when debates around gig work, pay structures and worker protections have intensified across the country.
On Thursday, the Ministry of Labour and Employment pre‑published draft rules for all four labour codes and invited feedback from stakeholders, signalling its intent to roll them out simultaneously from April 1, reported Business Standard.
The four codes: the Code on Wages, 2019; Industrial Relations Code, 2020; Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020, were notified together, marking a major step in India’s long‑pending labour reforms.
A key focus of the draft rules is the eligibility framework for gig and platform workers, a segment that has expanded rapidly with the rise of app‑based food delivery, ride‑hailing and quick commerce platforms.
The proposed 90‑day rule for social security
Under the draft rules, the Centre has proposed that a gig or platform worker must be engaged with an aggregator for not less than 90 days in the last financial year to become eligible for social security benefits created under the labour codes. In cases where a worker is associated with multiple aggregators, the minimum threshold rises to 120 days.
The notification, dated December 30, 2025, was issued just a day before gig and platform workers across cities went on strike on New Year’s Eve, demanding higher payouts, improved incentives and better working conditions.
The proposed eligibility conditions are intended to ensure that benefits reach workers who demonstrate sustained engagement with platform‑based work, rather than those with sporadic or incidental participation.
What counts as ‘engagement’ under the rules
To avoid ambiguity, the draft rules provide a detailed explanation of how engagement days will be calculated. A worker will be considered “engaged” on any calendar day if they earn any income, regardless of the amount, for work done for an aggregator.
The document clarifies that:
- A gig or platform worker will be counted as engaged for one day if they earn any income for work done for an aggregator on that calendar day, irrespective of how much they earn.
- If a worker is associated with multiple aggregators, the number of engagement days will be added together across platforms.
- If a worker is engaged with three aggregators on the same calendar day, it will be counted as three separate days of engagement.
This approach significantly lowers the income threshold for eligibility, focusing instead on participation rather than earnings.
Stakeholder consultations before final rollout
The labour ministry has invited objections and suggestions from all concerned stakeholders for a consultation window of 30 to 45 days. These submissions will be examined before the rules are finalised and notified.
Officials have said the consultation process is critical to ironing out operational challenges and ensuring that the social security framework for gig workers is workable across platforms of varying sizes.
Once the feedback period ends, the final rules are expected to be notified as part of the government’s broader plan to make all provisions of the four labour codes fully operational from April 1.
Why the proposal matters
India’s gig economy employs millions of workers, many of whom operate without access to provident fund benefits, insurance cover or retirement support. The Code on Social Security, 2020, had for the first time formally recognised gig and platform workers, but the absence of notified rules delayed the extension of benefits.
By defining minimum engagement thresholds and standardising eligibility, the draft rules attempt to bridge that gap. However, labour experts note that the success of the framework will depend on implementation, data sharing between aggregators and the ease with which workers can register and claim benefits.
Industry pushback and defence of gig work models
The draft rules were released against the backdrop of renewed scrutiny of gig work conditions. On the same day, Eternal founder Deepinder Goyal pushed back against claims that gig workers are exploited, calling such narratives “vested”.
His comments followed a surge in demand on New Year’s Eve, when Zomato and Blinkit delivered more than 7.5 million orders in a single day, their highest‑ever volume.
In a post on X, Goyal said concerns about fast deliveries often stem from a misunderstanding of how delivery systems are designed.
“I understand why everybody thinks that 10‑minute delivery must be risking lives, because it is hard to imagine the sheer complexity of the system design that enables quick deliveries,” he said.
Acknowledging scope for improvement, he added, “No system is perfect, and we are all for making it better than today. However, it is far from what is being portrayed on social media by people who don’t understand how our system works and why.”
Rejecting allegations of exploitation outright, Goyal said, “If I were outside the system, I would also believe that gig workers are being exploited, but that’s not true.”
As consultations begin, the proposed 90‑day rule is likely to be closely examined by worker unions, platforms and state governments. While the framework promises a clearer pathway to social security, questions remain over enforcement, funding and coverage.
Before You Go
BREAKING NOW: Indore fire tragedy as EV short circuit triggers deadly explosions
Top Headlines
