New labour codes bring on board gig workers with 90-day employment | SME Futures
The Ministry of Labour and Employment has released draft rules for the four labour codes, marking a significant change by including gig and platform workers within the formal system of worker protections. The draft aims to extend a range of benefits such as minimum wage, health coverage, occupational safety and social security to gig workers for the first time.
The government has invited feedback from stakeholders on these draft rules and plans to roll out the complete set of four labour codes across the country from April 1.
Under the proposed rules, a gig or platform worker must be associated with an aggregator for at least 90 days in a financial year to qualify for the social security benefits being created by the Centre. If a worker is engaged with more than one aggregator in the same year, the minimum requirement rises to 120 days of combined engagement.
The notification for these draft rules was issued on December 30, 2025, just a day before gig and platform workers staged a flash strike seeking higher wages and better working conditions.
The draft rules clarify that a worker is considered “engaged” with an aggregator on any calendar day when they earn income for work done, regardless of how much they earn that day. If a worker is associated with multiple aggregators, the days of engagement are added together across all of them. The rules also note that if a worker is engaged with three aggregators on the same calendar day, it counts as three separate days of engagement for eligibility purposes.
On minimum wages, the draft rules state that when the daily wage is fixed, it shall be divided by eight to determine the hourly wage and multiplied by twenty-six to calculate the monthly rate. For those working a five-day week, the hourly minimum wage is used to derive the minimum daily wage.
The draft also specifies that while fixing minimum wage rates, the government will consider factors such as geographical area, experience in the employment area, and the skill level required for work across categories like unskilled, semiskilled, skilled and highly skilled workers.
The four labour codes — the Code on Wages, 2019; Industrial Relations Code, 2020; Code on Social Security, 2020; and Occupational Safety, Health and Working Conditions Code, 2020 — were notified on the same day.
Under the new codes, employers are required to issue appointment letters to all workers, providing written proof that enhances transparency, job security and fixed employment terms. Previously, appointment letters were not mandatory.
The Code on Social Security will ensure that all workers, including gig and platform workers, receive social security coverage, including provident fund, insurance, ESIC and other related benefits, replacing the earlier limited security coverage.
Under the Code on Wages, all workers will receive statutory minimum wages and timely payments, ensuring better financial security. Previously, minimum wage laws applied only to scheduled industries and many workers remained uncovered.
