In the vibrant pulse of India’s digital economy, a new class of “partners” has emerged, the delivery riders, freelancers, and ride-hailing drivers who power our daily lives. For years, they operated in a legal “grey zone,” neither traditional employees nor fully independent businesses.
That changed with the implementation of the Four Labour Codes, specifically the Code on Social Security, 2020. As a legal consultant and strategist, I’ve seen how this shift from “unrecognized” to “statutorily protected” is reshaping how platforms, now legally termed Aggregators, operate.
1. The Legal Identity: Who is Who?
The Code on Social Security, 2020, introduces distinct definitions that every HR and Legal head must understand.
Gig Worker
- Definition: A person who performs work or participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship.
- Examples: Freelance graphic designers, part-time delivery partners. They aren’t on your payroll, but they contribute to your output.
Platform Worker
- Definition: A person engaged in or undertaking platform work, which involves using an online platform to access organizations or individuals to provide services or solve specific problems.
- Nuance: While many gig workers are platform workers, the “platform” tag specifically links the work to an algorithm or digital interface.
2. Are You an “Aggregator”?
The law places the burden of welfare on the Aggregator. You are an aggregator if you are a digital intermediary or marketplace connecting buyers/users with sellers/service providers.
The Code lists 9 categories of aggregators in Schedule 7, including:
- Ride-sharing services (e.g., Uber, Ola)
- Food and grocery delivery (e.g., Zomato, Swiggy, Blinkit)
- Content and media services
- Logistics and e-marketplaces
3. Eligibility: The “90-Day Rule” (2026 Update)
The most recent draft rules (effective 2026) introduce a threshold for eligibility under government-notified social security schemes:
- Single Aggregator: Worker must be engaged for at least 90 days in the last financial year.
- Multiple Platforms: Worker must be engaged for at least 120 cumulative days.
- Engagement Day: Any day where the worker earned any income (even ₹1) counts as one day of engagement.
4. Compliance Challenges for the Aggregator
This is where the Ease of Doing Business meets social responsibility. Aggregators now have three major tasks:
- Financial Contribution: Mandatory contribution of 1% to 2% of annual turnover, capped at 5% of total payouts made to workers.
- Registration: Facilitate registration of all workers on the e-Shram portal, seeded with Aadhaar.
- Data Reporting: Periodically update worker details to ensure the Universal Account Number (UAN) remains active for portable benefits.
Disclaimer: This content is provided for educational and informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information based on the Code on Social Security, 2020 and notifications as of 2026, labour laws are subject to specific rules and judicial interpretations. Readers are advised to consult with a qualified legal professional before making any business or compliance decisions.