ALGORITHMIC EMPLOYERS AND THE LEGAL VACCUM: A CASE FOR RECLASSIFYING GIG WORKERS IN INDIA

The rapid expansion of India’ platform economy has transformed the nature of employment and raised serious concerns regarding labour protection for gig workers. Digital platforms such as ride- hailing and food delivery applications exercise extensive control through algorithmic systems while continuing to classify workers as independent contractors. This classification excludes workers from labour rights relating to minimum wages, social security, occupational safety, and protection against arbitrary termination. Recent developments highlight the growing urgency of this issue. The Code on Social Security, 2020 introduced statutory recognition of gig and platform workers, yet its welfare provisions remain largely unenforced. At the same time, state legislations such as the Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023 and the Karnataka Platform Based Gig Workers (Social Security and Welfare) Act, 2025 reflect increasing acknowledgement of algorithmic control and the need for worker welfare protections. Furthermore, judicial developments in India and abroad indicate a gradual shift towards examining the real nature of employment relationships rather than relying solely on contractual labels. This research critically examines the legal vacuum surrounding gig workers in India and analyses whether existing labour laws are capable of addressing the realities of algorithmic employment. Through statutory interpretation, case law analysis, and comparative perspectives, the study evaluates the need for reclassification of gig workers within the framework of labour law protections. The findings aim to contribute towards a balanced legal framework that protects worker rights while supporting technological and economic innovation.