Legal Rights of Delivery Workers in India
The delivery workforce in India has become the invisible backbone of urban life. Every time someone taps “order now,” there’s a courier riding through traffic, heat, or rain to deliver dessert, groceries, or a package. But behind that invisible existence is a disturbing truth that workers are referred to as “partners” by companies like Swiggy, Zomato, Dunzo, or Blinkit, and there's no safety net or legal protection for them. With the gig economy on the rise, it may be time to ask ourselves: Are delivery workers legally protected, or simply used and thrown away?
Delivery workers exist in India's growing "platform economy" where people get jobs through apps and are paid per task. These workers are referred to as independent contractors, which unfortunately means they also lose their basic human rights. They don't get minimum wage, health insurance, no provident fund, and no paid leave. These platforms label them as entrepreneurs, but in the end, most are simply young adults who are overworked, thrown away, and substitutable with someone else who produces work for less. Their work allows them autonomy, but for their rights, autonomy is fragile.
Their lives are tiring from the moment they step off short-term contracts and on the street. They are paid by the number of deliveries, so they must take on more orders just to make enough money. This means skipping food, skipping breaks, and skipping safety measures. Few workers have accident insurance, and when they injure themselves, which happens regularly, and they cannot work for however long, these workers exist outside employment, so the companies involved can brush their hands off it. For instance, a delivery man/ boy died in a road accident, in Pune, while delivering, and when the platform was approached they offered their condolences only. These are not one offs, these are all part of the free cost of the instant delivery.
Not only do they face physical risks, they also face emotional and reputational pressures. In the current economy, customer ratings will impact a worker's wages. If a fee paying customer cancels an order after it has been collected or arrives late regardless of rain or traffic, they will receive a lower rating and subsequently a subset of their income. Some customers would not pay, lie and complain, argue with riders, and swear at them too. In India, where manual labour roles are tarnished simply by virtue of being labourers, these workers are experiencing inadequacy through not just exploitation, hardship and loss, but now humiliation.
From a legal angle, the outlook is pretty dire. To this day, India has not put in place any proper law to protect delivery workers. The Code on Social Security, 2020 talks about gig and platform workers, but the rules and regulations have not been completely rolled out, and in the few places where they have been rolled out, they are unclear and unenforceable. Delivery workers do not fall under the ambit of labour laws such as the Factories Act or the Industrial Disputes Act. The classification of delivery workers is completely nebulous; not employees but also not relieved from legal obligations as independent contractors.
But things look to be changing. The Supreme Court is currently hearing a case brought by the Indian Federation of App Based Transport Workers (IFAT); the petition calls for gig workers to be recognised as employees. It argues that companies determine workers' schedules, tasks, and sanctions like an employer. If the Supreme Court agrees to this call, it could open up pathways for delivery workers to gain entitlements like Provident Fund, health insurance, etc.
Furthermore, the Rajasthan government has implemented a Gig Workers Welfare Act which established a board to oversee complaints, and access to welfare benefits. Other states, such as Tamil Nadu and Karnataka, are exploring similar approaches. However, until there is a more comprehensive model across India, such initiatives will always be fragmented and vary greatly across different states.
Other countries are viewing gig work with a more positive lens. The UK Supreme Court ruled that Uber drivers were entitled to minimum wage and holiday pay, and a law passed in Spain in 2021 provided equal rights to delivery riders by appointing them as employees. Even California, has since repealed a law that treated gig workers as contractors based on a violation of the workers’ labour rights.
It's evident that India must make good use of the time available. Workers like these are not a passing fad; they are part of how India eats, they shop, they survive now. No matter how an app or company refers to these workers as "partners," it does not alter that they work long hours, absorb all risk, and receive zero protection. While not a gift or preference, legal recognition is a requirement. The provisions of things like accident insurance, maternity leave, or job protection should not be dependent on app ratings and customers whims.
We all enjoy the convenience of home delivery; however, the convenience must not forget the notion of humanity behind it. If the service is real, the struggle is just as real. It's time the law caught up.
Closing Credit
Author- Suresh Theni
"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"
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