I am a delivery boy for a food app in Moradabad, am I entitled to social security as a gig worker?

Detailed Legal Analysis

As a delivery boy for a food app in Moradabad, you are entitled to certain social security benefits as a gig worker, although the extent of these benefits may vary based on the specific policies of the food app and the applicable laws in India.

The Indian legal framework is gradually recognizing the rights of gig workers, and specific provisions have been made under various laws and initiatives. Here are the key points regarding your entitlement to social security:

• Social Security Code, 2020: This code aims to extend social security benefits to all workers, including gig workers. It includes provisions for health and maternity benefits, as well as old age pensions.
• Employee’s Provident Fund (EPF): If your earnings are above a certain threshold (currently ₹15,000 per month), your employer (the food app) is obligated to contribute to the EPF, which is a form of social security.
• Insurance Benefits: Gig workers may be entitled to accidental insurance and health insurance under schemes implemented by various state governments or private companies.
• Minimum Wages Act, 1948: As a gig worker, you should receive at least the minimum wages prescribed by the state government for your work. In Uttar Pradesh, where Moradabad is located, the minimum wage differs based on the nature of work.
• Labour Welfare Funds: Many states have implemented welfare funds aimed at providing benefits to workers in the unorganized sector, including gig workers. You can check if such a fund exists in Uttar Pradesh and how to access it.
• Right to Unionize: Under the Trade Unions Act, 1926, you have the right to form or join a trade union, which can advocate for better social security benefits and rights for gig workers.

To access these benefits, you may need to:

• Register with the appropriate social security or welfare schemes as prescribed by the state government.
• Keep track of your earnings and work hours to ensure compliance with minimum wage laws.
• Engage with a trade union or worker association that represents gig workers to advocate for your rights.

In conclusion, while there are provisions for social security for gig workers in India, the practical implementation and extent of benefits may depend on your employment details and the specific policies of the food app you are working for. It is advisable to stay informed about your rights and entitlements under the relevant laws.