Gig workers must work 90 days a year for social security benefits

NEW DELHI: Gig and platform workers need to work for at least 90 days annually with an aggregator to avail of social security benefits, said the final set of rules formulated under the new Code on Social Security (CoSS). In case a worker is engaged with multiple aggregators, the threshold is raised to 120 days, a decision that will affect those working with Swiggy and Zomato or Uber, Ola and Rapido.

The rules pave the way for the states to notify their own rules by taking cue from the central ones.

Under these latest CoSS rules, an eligible gig and platform worker includes all such workers engaged by the aggregator directly or through an associate, holding or subsidiary company or through a third party. Any income earned from aggregator on a day will be treated as one-day with the platform.

For those on multiple platforms, workdays are cumulative. For instance, earning from three aggregators in one calendar day will be counted as three days of engagement.

Besides, the rules put the onus on aggregators to upload details of every gig worker engaged with them on the central govt portal within 45 days, including registering all new appointments and exits on a real-time or daily basis. This is being done to allow issuing identity cards to each eligible registered gig and platform worker.

The rules also provide for aggregators to face annual interest of 12% if they fail to contribute towards social security benefits of the gig workers registered with them.

“If any aggregator fails to pay any amount of contribution payable under sub-section (4) of section 114, within such time as may be specified by the central govt for such purpose, such aggregator shall be liable to pay interest on the amount of contribution, to be paid, at the rate of 1%, for every month or part of a month comprised in the period from the date on which such payment was due till such amount is actually paid,” the rules said.

The rules also provide that a gig worker will stop being eligible for social security benefits, such as health insurance, life and accident insurance once they turn 60, or if they haven’t worked at least 90 days with one aggregator — or 120 days across multiple aggregators — during the previous financial year.

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