Home→📚 Civic Action→Article
📚Civic Action

How to claim gig worker rights under the Code on Social Security 2020

Read in
Englishहिन्दी
Jump to templates ↓

Delivering food or fixing pipes via apps? The Code on Social Security 2020 changes your legal status. Here is how to register for benefits and what you are owed.

HowToHelp Editorial
•
•
11 min read
#gig worker rights india#code on social security 2020#platform worker benefits#e-shram registration#zomato swiggy worker laws#gig economy india legal#social security fund section 114#uan for gig workers

The "Partner" Trap

You are weaving through Bengaluru traffic at 9:00 PM to deliver a ₹400 biryani. Or maybe you are a "pro" fixing an AC in South Delhi via an app. The company calls you a "partner" or an "independent consultant." It sounds fancy until you skid on a wet road or the app suddenly blocks your account without a reason. Suddenly, that "partnership" feels very one-sided. You have no Provident Fund (PF), no ESI health cover, and no safety net. For years, Indian gig workers existed in a legal grey zone—not quite employees, but definitely not independent business owners. The Code on Social Security (CoSS), 2020, was designed to change this by finally putting your name in the law books.

What the Code on Social Security 2020 actually says

The Code on Social Security, 2020, is a landmark law because it officially defines you. Before this, if you went to a labour court, the company would simply argue you aren't an "employee" under the old Industrial Disputes Act.

Under Section 2(35) of the CoSS, a "gig worker" is defined as someone who works outside the traditional employer-employee relationship. Section 2(61) defines a "platform worker" as someone who uses an online platform (like Zomato, Uber, or Urban Company) to provide services to customers.

Here is the core of what the law promises:

  1. The Social Security Fund (Section 114): The Central Government is mandated to set up a dedicated fund for gig and platform workers. Unlike traditional jobs where the company deducts PF from your salary, here the "aggregators" (the tech companies) must contribute. Under the Seventh Schedule of the Code, companies like Swiggy or Ola must contribute 1% to 2% of their annual turnover to this fund, though this contribution is capped at 5% of the amount paid or payable to the workers.

  2. Mandatory Registration (Section 113): To get any benefits, you must be registered. The law requires every gig worker to register on a central portal (currently the e-Shram portal) with an Aadhaar-based Universal Account Number (UAN). As per the rules, you are eligible if you are between 16 and 60 years old and have worked as a gig worker for at least 90 days in the last year.

  3. The Benefit Menu: Section 114(1) specifies that the government can frame schemes for life and disability cover, accident insurance, health and maternity benefits, old-age protection, and crèche facilities.

  4. Facilitation Centres: The government must set up centres to help you register and process your claims. You shouldn't have to hire a lawyer just to get your accident insurance.

Note: While the Code was passed in 2020, as of mid-2024, many states are still finalising the specific "Rules" that make these benefits payable. However, the e-Shram registration is active and is the legal foundation for your claims. If you want to check if your state has notified these rules or how much money has been collected in the fund so far, you can File an RTI online.

Your Playbook: Registering and claiming benefits

Don't wait for the app to tell you your rights. They won't. Follow these steps to secure your legal standing under the Code.

  1. Secure your e-Shram UAN

    The e-Shram portal is the only database the government uses to identify gig workers. Without this, you don't exist in the eyes of the CoSS.

    • What to do: Go to eshram.gov.in. Click on 'Register on e-Shram'.
    • What you need: Your Aadhaar number, a mobile number linked to Aadhaar, and a bank account (with IFSC code).
    • The Detail: When the portal asks for your occupation, do not just select "Labourer." Look for the specific codes related to "Platform Workers" or your specific delivery/service category.
    • Timeline: 15 minutes. You will get a UAN card immediately as a PDF.

  2. Maintain your "90-Day" Proof

    To be eligible for schemes under Section 113, you must prove you worked for at least 90 days in the preceding 12 months. Apps often "archive" or delete old ride/delivery history.

    • What to do: Every month, download your weekly earnings statements or "payout" summaries from the app. Save them in a Google Drive folder named "Work Proof."
    • Why: If the aggregator disputes your status during an insurance claim, these PDF statements are your primary evidence under the Bharatiya Sakshya Adhiniyam (BSA), 2023, as valid electronic records.

  3. Verify Aggregator Contribution

    Aggregators are legally bound to pay into the social security fund. If they don't, they face penalties under Section 133 of the Code (fines up to ₹50,000 for the first offence).

    • What to do: Check your pay slips. If the company is deducting any amount under the head of "Insurance" or "Security," they must be able to show where that money is going. If you suspect they aren't contributing to the government fund once the rules are live, you can report this to the Regional Labour Commissioner.

  4. Claiming Accident or Health Benefits

    If you are injured while on a delivery or a job:

    • What to do: Immediately inform the app via the 'Support' or 'Emergency' button. This creates a digital timestamp.
    • The Police Angle: If it's a road accident, ensure a Daily Diary (DD) entry or an FIR is filed. If the police are hesitant because you are a "delivery boy," remind them of your rights. For a guide on handling this, see How to file an FIR (and what to do if police refuse).
    • The Claim: Once the CoSS schemes are fully active in your state, you will apply through the e-Shram portal using your UAN to link the hospital bills to the Social Security Fund.

  5. Handling "De-platforming" (Account Blocking)

    One of the biggest issues is the "algorithmic firing" where an app blocks you without a human review.

    • What to do: The Code on Social Security is meant to provide "protection," which includes the right to work. Send a formal email to the aggregator's Nodal Officer (check their 'Terms and Conditions' page for this email). Quote your UAN and Section 114 of the CoSS, stating that as a registered platform worker, you require a written reason for the termination of access to the platform.
    • Escalation: If they don't respond within 7 days, file a grievance on the CPGRAMS portal under the Ministry of Labour and Employment.

  6. Protecting yourself from scams

    Many fake apps promise "government gig worker grants" to steal your data.

    • What to do: Never pay a fee to register for a UAN; it is free. Only use official .gov.in websites.
    • Action: If you have been scammed by a fake platform promising gig work, report it immediately to the Cyber Crime reporting portal.

    By following these steps, you move from being a "ghost" in the machine to a legally recognised worker with a stake in the ₹100 crore+ funds being generated for your welfare. For more guides on your rights as a citizen, Browse all civic-action playbooks.

Where it usually breaks

The Code on Social Security (CoSS) looks great on paper, but in the real world, the "system" often ghosts you. Here is where your claim will likely hit a wall and how to scale it.

  1. The "Rules Not Notified" Excuse: While the Parliament passed the Code in 2020, labour is a "Concurrent" subject. This means both the Centre and your State government must finalize the "Rules" (the fine print) for the law to actually work. If you ask a local labour office for a payout, they might say, "Rules haven't been notified yet."

    • Workaround: Use your e-Shram UAN to claim benefits under existing schemes that have been bridged to the portal, like the Pradhan Mantri Suraksha Bima Yojana (PMSBY) for accident cover. Don't wait for the CoSS-specific fund if you need immediate help.

  2. The "Occupation Code" Mismatch: When registering on e-Shram, if you select a generic category like "Construction" instead of "Courier/Food Delivery" or "Platform Worker," the system might disqualify you from future gig-specific funds.

    • Workaround: Log in to the e-Shram portal using your Aadhaar-linked mobile number and click "Update Profile." Ensure your "Primary Occupation" matches the National Classification of Occupations (NCO) code for platform workers.

  3. Account Deactivation (Shadow Banning): To claim benefits, you need to prove 90 days of work. If an app blocks your account (deactivates you) because of a customer complaint or a strike, you lose access to your work history and earnings logs.

    • Workaround: Every Sunday, take a screenshot of your "Weekly Summary" and "Lifetime Deliveries/Rides" in the app. Download your monthly earnings statements. If you are blocked, this is your only evidence for the Labour Commissioner.

  4. Aadhaar Fingerprint Failures: Many gig workers—especially those in manual labour or delivery—suffer from "worn-out" fingerprints, making Aadhaar authentication fail at the Facilitation Centre.

    • Workaround: Use Iris (eye) scan authentication or Mobile OTP-based authentication instead of fingerprints. If your mobile number isn't linked to Aadhaar, go to a Post Office Aadhaar Kendra to update it first; you cannot bypass this for e-Shram.

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

1. RTI to check the status of the Social Security Fund

If you want to know why your state isn't paying out benefits yet, file this RTI with the State Labour Department.

To: Public Information Officer (PIO), Department of Labour, [Your State, e.g., Karnataka/Maharashtra] Subject: Information regarding Social Security Fund for Gig Workers under CoSS 2020.

Description of Information Required:

  1. Has the State Government notified the Rules under the Code on Social Security, 2020? If yes, please provide a copy of the notification.
  2. Total number of "Gig Workers" and "Platform Workers" registered in the state as per the e-Shram database as of [Current Date].
  3. The total amount of "Cess" or contribution collected from aggregators (like Swiggy, Zomato, Uber, etc.) for the Social Security Fund under Section 114 of the Code.
  4. Total number of claims processed and benefits disbursed to gig workers from this fund in the financial year 2025-26.

2. Email to App Support for Account Deactivation

If you are blocked without a "Notice Period" (which the Code suggests should be fair), send this to their grievance officer.

Subject: Formal Grievance: Arbitrary Deactivation of Account [Your ID] – Violation of CoSS 2020 Principles.

Body: Dear Support Team, My account [ID Number] was deactivated on [Date] without any prior written notice or opportunity to be heard. Under the Code on Social Security 2020, I am recognized as a platform worker. My work history (90+ days) entitles me to legal recognition and protection of livelihood. I request you to:

  1. Provide the specific reason for deactivation with evidence.
  2. Provide a copy of my work logs and earnings history for the last 12 months for my e-Shram records. If I do not receive a response within 72 hours, I will be forced to escalate this to the District Labour Commissioner.

3. Script for e-Shram Helpline (14434)

You: "Hello, main ek gig worker hoon (I am a gig worker). Maine e-Shram pe register kiya hai par mera UAN card download nahi ho raha hai." Operator: (Asks for Aadhaar) You: "Mera Aadhaar number [X] hai. Kya mera occupation code 'Platform Worker' registered hai? Mujhe accidental insurance (PMSBY) ka benefit kaise milega?"

Frequently Asked Questions

1. Is registration on e-Shram free or do I have to pay a 'cyber cafe' guy?

Registration is 100% free on the official government portal. If you go to a Common Service Centre (CSC), they might charge a small fee (usually ₹20–₹50) for printouts or lamination, but the registration itself has no government fee. Don't pay anyone ₹500 for a "special" card.

2. I work for both Swiggy and Zomato. Do I need two UAN cards?

No. You only need one Universal Account Number (UAN). It stays with you even if you switch apps or work for five different platforms at the same time. The e-Shram card is linked to you (the worker), not the company.

3. What happens if I have an accident while delivering?

Under Section 114, you should be covered by the Social Security Fund. However, since the fund is still being populated, you should immediately check your e-Shram status. Most registered workers are automatically enrolled in PMSBY, which provides ₹2 lakh for accidental death or total disability. Inform your family to keep your UAN card and Aadhaar handy.

4. Can my "Partner" account be deleted if I complain to the Labour Department?

Technically, the app might try to "shadow-ban" you. However, the Rajasthan Platform Based Gig Workers Act (2023) and the upcoming Central Rules have "anti-retaliation" clauses. If they block you for claiming legal rights, you can file a complaint for "unfair labour practice" at the State Labour Court.

5. I am 19 and a college student doing this part-time. Am I eligible?

Yes. As long as you are above 16 and below 60, and you aren't an income tax payer or a member of EPFO/ESIC (which part-time students usually aren't), you are eligible. Your "student" status doesn't stop you from being a "gig worker" in the eyes of the law.

6. How do I prove I worked for 90 days if the app doesn't give me a certificate?

The law (Section 113) says you can "self-certify" your work. However, the strongest proof is your bank statement showing weekly payouts from the aggregator (e.g., "NEFT-Zomato" or "Uber-Payout") and the screenshots of your app's "Earnings" tab. Keep these safe.

📮

One civic-action playbook a week

RTI templates, FIR scripts, real escalation ladders — the same kind of thing you just read. Sundays only. No spam.

We don't share your email. Unsubscribe any time.

Related Articles

📚 Civic Action

How to apply for a caste certificate and check domicile rules

Applying for college or a government job? Learn how to navigate domicile rules, gather the right documents, and get your SC, ST, or OBC certificate without the headache.

📚 Civic Action

How to register a society or trust for civic activism in India

Ready to take your youth group to the next level? Learn how to register as a Society or Trust to raise funds and work officially with the government.

📚 Civic Action

How to file a Lokpal complaint against central government corruption

Tired of seeing central government funds vanish? Here is how to use the Lokpal, India's top anti-corruption body, to hold high-ranking officials and MPs accountable.

📚 Civic Action

How to file a second appeal at the Central Information Commission (CIC)

If your RTI was ignored or rejected by a central department, don't give up. Learn how to file a Second Appeal under Section 19(3) of the RTI Act to get the truth.

Gig Worker Rights: Code on Social Security 2020 Guide · HowToHelp