GigWA Feedback on Draft SS Rules by Delhi Government

This document has the feedback of the Gig Workers Association for Delhi Government which had sought inputs on the draft rules for Social Security Code,2020

1. GigWA/DoLGovtNCT/1
To
The Secretary
Department of Labour
Government of NCT of Delhi
Sub: Feedback on Draft Rules on Social Security Code by Delhi Government
Greetings from Gig Workers Association!
We are delighted to have gone through the draft rules on the Social Security Code, 2020 by
the Delhi government vide file number F. No. 15(43)/Lab/2021/2262-2267..
In reference to the above, on behalf of Gig Workers Association, a national network on the
registered unions such as Gig Workers Union, Platform based and other Commerce
Workers Union, Amazon India Workers Union, Janpahal General Workers Union and
common interest groups of the platform workers, we are pleased to submit that a special
welfare board for Gig and Platform Workers should be constituted as per the promise in the
election manifestoes of the various parties in Delhi and then in line with the precedents of
the laws for the registration ,welfare and social security for the gig and platform workers that
have been passed in the states of Bihar, Rajasthan, Karnataka etc .
Also this will be in line with SS Code,2020 provision of creation of National Social Security
Board with its counterpart in the state of Delhi once the SS Code,2020 gets rolled out. The
code provides for the establishment of a National Social Security Board, which will act
as the board for gig workers and platform workers, recommending and monitoring
relevant schemes.
The SS Code, 2020, defines a gig worker as someone participating in a work arrangement
and earning from activities outside a traditional employer-employee relationship. According
to the newspaper reports, this definition may be changed for incorporating the realities of
the working hours of the platform and gig workers as per the survey reports like RIGHTS
report which shows that more than 85 per cent of the gig and platform workers are working
for more than 8 hours per day.
The above mentioned Board will include representatives from the central government,
aggregators (digital platforms), gig and platform workers, state governments, and the
Director General of the ESIC.  The SS Code, 2020 envisions that Schemes for gig and
platform workers may be funded through contributions from the central government, state
governments, and aggregators. The code identifies specific aggregators (like ride-sharing
and food delivery services) and outlines their potential contributions to the funding of
social security schemes, typically between 1-2% of their annual turnover.  The code enables
the government to notify schemes for gig and platform workers, potentially covering life
and disability cover, accident insurance, health and maternity benefits, and old age
protection. 

2. Thus, Delhi State Social Security Board for gig and platform workers will be required in
line with National Social Security Board. We urge for reference to this board and its
inclusion in the draft in order to create regulatory space for the platform economy which
is distinct.
At this stage, we have a separate reference to the Board of the Construction Workers, but
there is no mention of the gig and platform workers board as a counterpart of the National
Social Security Board in reference to the gig and platform workers.
Apart from the above, as required, we are pleased to submit our suggestions to the other
provisions of as per the draft rules for the Social Security Code, 2020 and we provide the
reasons for the same.
2.specifying the
chapter and rule or
sub-rule which is
proposed to be
modified and
column
(3) specifying the revised rule or
sub-rule proposed to be substituted
and column
Reason
Chapter II, Part I,
Clause 4.1:
Membership of
Welfare board
Number . of representatives from
unions and workers’ organisations
is less ( 7 out of 31). As the board
is for their welfare, they should
have at least 40 – 50%
representation in the membership.
Increased number will ensure
participation of the union representatives
from as many sectors as possible
especially those from the 6
occupationally vulnerable groups
identified by Ministry of Housing and
Urban Affairs, Government of India
namely gig and platform workers,
transport workers, domestic workers,
waste workers, care workers and
construction workers as the focus groups
under Deenday Jan Ajeevika Yojna (D-
JAY) which is the currently being piloted
in the 25 cities of India.
Chapter II, Part I,
Clause ,4.4-
Membership of
Welfare board
Five members representing
eminent persons from civil
society:
We suggest that members should
have experience and expertise in
the sectors pertaining to
Unorganised Sector Workers with
priority to occupationally
vulnerable groups as mentioned
earlier.
Sector specific experience for the Civil
Society Organisation is most important in
order to be able to participate for the
cause of specific boards. For example,
Janpahal has been active for advancing
the cause of the gig and platform
workers. Therefore, Janpahal ought to be
the choice as a civil society organisation
representing the interests of gig and
platform workers in the Board to be
constituted for the gig workers.

3. Chapter II, Part I,
Clause 5:
Membership of
Welfare board
Duration of membership: three
years or five years? Or 4 years:
We suggest the duration of the
membership should be 5 years.
This will be in congruence of the tenure
of government. Members of the various
will have much opportunity to contribute
meaningfully. Shorter term of 3 years
might not be effective.
Chapter II, Part I,
Clause .10
Who is the chairperson or Vice
chairperson of the board?
Assuming that the Chief Minister
or his nominee is the Chairman of
the Board, clarity in reference to
the position of Vice Chairman of
the Board needs to be specified.
Clarity is required since these two
positions are mentioned in the Governing
Body of the Board/Boards
Chapter II, Part I,
14.1: Quorum
No business shall
be transacted at any
meeting of the
Board unless at
least ten members
are present in that
meeting which
shall include at
least one non-
official member
from government,
employers and the
workers.
Non official member from
government’ is not clear.
Does the statement in this section
mean one representative from each
– government, employers and
workers or at least one from all
three groups?
At least 50% of the members
present should be representatives
of worker organisations.
Clarity on the non-official member of the
government is required since the board
already has senior secretary level
representatives.
The suggestion for 50 per cent
representation from the workers
organisation is being made for doing
justice to the sector specific worker
organisations in the line with the
occupational vulnerable groups identified
by the Ministry of Housing and Urban
Affair, Govt. of India. This will ensure
realisation of the objectives of D-JAY
Chapter II, Part I,
15.2
If the new Board is
not reconstituted
after completion of
the term of the
Board or due to any
other reason, the
administration of
the Board may be
taken up by the
State Government
for the period till
the new Board is
constituted, by way
of a notification in
If the new Board is not
reconstituted after completion of
the term of the Board or due to any
other reason, the administration of
the Board may be taken up by the
State Government for the period of
30 days only till the new Board is
constituted, by way of a
notification in this behalf.
Ensuring the constitution of a new
board within the thirty day needs to be
stipulated in order to ensure regularity
in the functioning of the Boards.

4. this behalf.
Chapter II, Part I,
19 iii;
Amount received
for
registration/renewa
l of beneficiaries
and their
contribution,
As E Shram registration is free,
There should be no registration
charge for workers and same data
can be used by the Board.
This is possible since E-Shram
registration and generation of UAN
numbers is envisaged for being linked to
ESI and EPFO coverage of the gig and
platform workers. We also take note of
special campaign for registration of the
gig and platform workers which was
conducted this year between 7 and 17
May, 2025. Thus, eventual 100 per cent
registeration of the gig and platform
workers is the vision in which GigWA is
contributing within and across the cities.
Chapter II, Part I,
19.(vi)
Contribution or
donation or any
other financial
support from
employer, their
association or from
Corporate Social
Responsibility
(CSR) Fund as
determined by the
State Government
by general or
special order
Contribution or donation or any
other financial support from
employer, their association or from
Corporate Social Responsibility
(CSR) Fund as determined by the
State Government by general or
special order but only in special
national emergencies such as
disaster relief.
CSR spending by corporations are meant
for thematic areas which are clearly
defined. CSR funds are used by
foundation as per the clear guidelines. At
this stage , this is the fund which can be
availed by NGOs registered at NGO
partner system of the NITI Ayog.
Chapter II, Part I-
Clause 21
The amount
received from
compounding of
offences under the
provisions of Code
on Wages
2019,Code on
Social Security
2020,Code on OSH
2020,Code on
Industrial Relations
2020 shall be
deposited in an
As per this rule, the amount
received from compounding of
offences under the provisions of
Code on Wages 2019, Code on
Social Security 2020, Code on
OSH 2020,Code on Industrial
Relations 2020 can be used for
Delhi Social Security Fund
(DSSF). However, the DSSF
focuses on Unorganised sector
workers only whereas different
codes mentioned above are also
applicable to organised sector
workers and we assume that such
amounts shall be collected from the
Therefore, in the case of gig and platform
workers board, SS Code, 2020 stipulated
financing will be available for the board
in Delhi from the sources as specified in
the financing mechanism in the National
Social Security Code .

5. account operated
by Labour
Department, GNCT
and the amount so
collected shall be
transferred to the
Delhi Social
Security Fund on 6
monthly basis.
organised sector workers as well.
Thus a clarity is needed.
Thus, there is need to specify on
the funding of the specific boards
for the sectors. For example, gig
and platform workers board with
have revenues from the cess
collection and others as envisaged
under the Social Security Code,
2020. Also, Social Security
Framework is to be announced
which may have mechanism for
ESI and PF coverage stipulated.
In reference to the above, we will be pleased to share these in person or in a virtual meeting
which the esteemed department of Labour, Government of NCT of Delhi might like to
organise.
We will be grateful for your consideration of our suggestions.
With warmest regards
Sincerely
For Gig Workers Association
Dr.Muhammad Mukhtar Alam
National Coordinator
9304218610