Labour Ministry Draft Proposes 90-Day Threshold For Gig Workers' Social Security Benefits
To qualify for any benefit under schemes for gig workers, they must have worked at least 90 days with a single aggregator, or 120 days across multiple aggregators, in the previous financial year.
The Labour Ministry has proposed setting a 90-day annual work requirement as the minimum eligibility condition for gig and platform workers to receive social security benefits under the draft rules framed for the Social Security Code, 2020, issued on Dec. 31.
All four labour codes, including the Social Security Code 2020, were notified on Nov. 21, 2025, and draft rules have now been released for public comments.
Under the draft Code on Social Security (Central) Rules, 2025, the Centre may prescribe additional eligibility conditions for gig and platform workers, apart from registration on the designated central portal.
It states that to qualify for any benefit under schemes for gig or platform workers, an individual must have worked at least 90 days with a single aggregator, or 120 days across multiple aggregators, in the previous financial year.
A gig or platform worker will be treated as engaged with an aggregator for a day if they have earned any income from that aggregator on that calendar day, regardless of the amount. Where a person works with multiple aggregators, the number of days worked will be counted cumulatively. If someone works with three aggregators in one day, it will be counted as three days, the Labour and Employment Ministry clarified.
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Eligible workers will include those engaged directly by aggregators or through associate companies, holding or subsidiary companies, LLPs, or third parties.
Aggregators will be required to electronically submit details of gig and platform workers engaged with them on a quarterly basis, or at intervals specified, on the designated central portal to enable updating of registered workers’ information. Failure to update such details may render workers ineligible for benefits under notified social security schemes.
Unorganised workers must also update details such as address, occupation, mobile number, skills and other particulars as specified by the appropriate government. Without such updates, they may not be able to access social security benefits under applicable schemes.
Every gig or platform worker aged 16 or above must register using Aadhaar and other documents prescribed by the Centre, on a self-declaration basis under Section 113, through the designated portal.
Once the rules take effect, each aggregator will have to submit details of all gig and platform workers associated with it on the central portal for generation of a Universal Account Number or other unique identifier, if the worker does not already have one. Every eligible registered worker will be issued a digital or physical identity card containing their photograph and other specified details, downloadable from the portal.
Contributions collected will form part of the Social Security Fund and be maintained in a separate account earmarked for gig workers.
If any aggregator fails to pay its contribution within the prescribed time, it will be liable to pay interest at 1% per month or part thereof from the due date until the contribution is actually paid, according to the draft rules.
(With inputs from PTI).
