Safety for Women Gig Workers

Context:
During Diwali, women gig workers held digital strikes to protest against exploitative work conditions and inadequate safety measures, especially regarding gender-based harassment.

Challenges in Platform-Based Gig Work

1. Lack of Legal Recognition:
   • Gig workers are not considered employees, excluding them from the POSH Act (Prevention of Sexual Harassment Act, 2013) protections.
   • They have limited access to Internal Complaints Committees (ICC) or Local Complaints Committees (LCC) for redressal of workplace harassment.
2. Systemic Gaps:
   • Absence of structured policies addressing gender-based harassment.
   • Inadequate safety protocols, leaving workers vulnerable to misconduct from customers or coworkers.

Core Issues Faced by Gig Workers

• Lack of Benefits: No access to maternity leave, healthcare, or insurance.
• Uncertain Pay: Unpredictable earnings due to lack of standard minimum wage.
• Exploitation: Platforms exercise control without offering job security or grievance mechanisms.

Legal Developments

• Ms (X) vs ICC Case (2024):
  • Held Ola accountable for misconduct by a driver, classifying the driver as an employee under the POSH Act.
  • This landmark case establishes a precedent for platform accountability, ensuring improved safety measures for female users and potentially gig workers.

Proposed Measures for Safety

1. Legal Recognition:
   • Recognize gig workers as employees to ensure they are covered under the POSH Act.
   • Establish Internal Complaints Committees (ICCs) within gig platforms.
2. Compensatory Policies:
   • Introduce clear policies for compensation in cases of gender-based harassment.
   • Expand safety protocols to address customer misconduct effectively.
3. Emergency Response Systems:
   • Develop real-time emergency response systems to assist workers in distress.
   • Provide behavioral training for customers on acceptable conduct.

Way Forward

1. Legislative Clarification:
   • Amend the POSH Act and labour laws to explicitly include gig workers within their scope.
2. Platform Accountability:
   • Gig platforms must ensure a safe working environment by instituting robust grievance mechanisms and preventive measures.
3. Collaborative Efforts:
   • Policymakers, platforms, and civil society must collaborate to draft inclusive policies safeguarding women gig workers.