THE ALGORITHM AS AN EMPLOYER: CAN INDIAN LABOUR LAW PROTECT GIG WORKERS?

A delivery worker or labourer receives an order through an app. If he accepts it, then travels several kilometres and gets paid after completing the delivery. There is no manager standing beside the worker and no official office to report to. This raises a simple, important question: when technology controls a worker's day-to-day life, can that platform still be treated only as an intermediary? The growth of the gig economy has changed the way of working in India. Delivery workers, cab drivers and other platform workers now play important roles in the labour market. The Code on Social Security, 2020 newly recognises “gig workers” and “platform workers”. However, recognition alone cannot solve problems related to income, social security, and working conditions. The key question is whether Indian labour law can protect workers when an algorithm, rather than a human supervisor, exercises control.