Navigating Workforce Segmentation Under India’s Labour Codes

The past decade has seen Indian businesses, take to newer business models to meet the ever-changing demands of the consumer efficiently. Therefore, to suit these business models, organizations introduced newer forms of engagement that did not always fit within the four corners of traditional employment.

As these models gained popularity, significant legal questions surrounding the nature of their relationship with the platform that engages them and the rights and obligations vis-à-vis each other emerged. The Supreme Court of the United Kingdom recently assessed the applicability of the national minimum wage to drivers on the Uber platform in Uber BV v Aslam¹. Similarly, in India, questions around whether drivers engaged on the platform ‘OLA’ are to be considered as its employees for the purposes of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2015 are pending final judicial confirmation².