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New Draft Rules: 90-Day Engagement Mandatory For Gig Workers To Access Social Security

In a significant move toward formalizing India’s growing gig economy, the central government notified the draft rules on December 30, 2025. The proposal outlines the specific criteria that delivery partners, cab drivers, and other platform-based workers must meet to access benefits like health insurance, accident cover, and potential future pensions.

Eligibility: The “Engagement” Threshold

The most critical change is the introduction of a minimum engagement period within a single financial year:

  • Single Aggregator: A worker must be engaged with one platform (e.g., Zomato OR Swiggy) for at least 90 days.
  • Multiple Aggregators: If a worker shifts between platforms, the total engagement across all aggregators must be at least 120 days.

How “Engagement” is Calculated

The draft rules clarify that the definition of a “day of work” is not tied to the number of hours or the amount earned, but to the calendar day of income generation.

ScenarioCalculation Method
Daily WorkIf a worker earns any amount from an aggregator on a specific day, it counts as 1 day of engagement.
Multi-App JugglingIf a worker is engaged with 3 different platforms (e.g., Uber, Ola, and Rapido) on the same day, it counts as 3 days of engagement.
Cumulative CountFor the 120-day threshold, days of work are summed across all registered aggregators.

Registration and Digital IDs

To facilitate these benefits, the government is leveraging the e-Shram portal, which currently serves as the national database for unorganised workers.

  • Digital Identity Cards: Once registered, eligible workers will receive a digital ID card featuring their photograph and a Universal Account Number (UAN).
  • Mandatory Updates: Workers must regularly update their profile details (address, skill level, mobile number). Failure to do so could result in losing eligibility for social security schemes.
  • Age Limit: The benefits apply to workers between the ages of 16 and 60. Once a worker reaches 60, they become ineligible for the active engagement-based social security fund.

Context: The New Year’s Eve Strike

The notification of these rules came just 24 hours before a massive New Year’s Eve strike by gig workers across major Indian cities. Unions representing over 100,000 workers demanded higher base pay and safer working conditions, highlighting the friction between the government’s push for formalization and the immediate financial demands of the workforce.

The public has 45 days (until mid-February 2026) to provide comments and suggestions on these draft rules before they are finalized.

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