The Ministry of Labour and Employment has released draft rules under the Code on Social Security, 2020, marking a major step toward formalizing India’s vast gig economy. As of January 2, 2026, the government has invited public feedback on these rules, which propose a minimum work threshold for delivery partners, ride-hailing drivers, and other platform workers to qualify for welfare benefits.
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This development follows significant nationwide “switch-off” strikes by gig workers on Christmas and New Year’s Eve 2025, protesting for better pay and social safety nets.
1. The “90-Day” Eligibility Rule
The draft rules aim to distinguish between casual users and active gig workers to determine who qualifies for government-mandated benefits.
| Category | Eligibility Threshold (per Financial Year) |
| Single Platform Workers | Minimum 90 days of engagement with one aggregator. |
| Multi-Platform Workers | Minimum 120 days across multiple aggregators. |
| Calculation Rule | Any day where income is earned counts as 1 day. Working for 3 apps on the same day counts as 3 days toward the total. |
2. Key Benefits & Protections
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Eligible workers (aged 16 to 60) will be brought under a formal welfare umbrella, funded by a 1-2% levy on aggregator turnover.
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Healthcare: Coverage under the Ayushman Bharat (PM-JAY) scheme, providing up to ₹5 lakh in annual health cover.
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Insurance: Mandatory life and personal accident insurance.
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Pension: Future eligibility for pension schemes based on joint contributions from the platform and the worker.
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Identity: Issuance of a Digital Identity Card and a Universal Account Number (UAN) through the e-Shram portal.
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3. National Social Security Board
A new central body will be formed to oversee the welfare of the estimated 1.3 crore gig workers in India (projected to grow to 2.35 crore by 2030).
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Composition: The board will include five representatives each from gig worker associations and aggregator employers.
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Responsibilities: Identifying new aggregator types, assessing worker numbers, and formulating specific welfare policies.
Impact on Platforms (Aggregators)
Companies like Zomato, Swiggy, Uber, and Zepto will now have to:
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Mandatory Registration: Share data of all active partners on a central government portal.
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Contribution: Pay into the Social Security Fund (capped at 5% of the amount payable to workers).
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Compliance: Ensure Aadhaar-linked registration for all workers onboarded.
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