A section of India’s gig workers working for firms like Ola, Uber, Swiggy and Zomato are taking the battle over dire pay, poor incentives and unreasonable working conditions to their employers.
Earlier this week, the Indian Federation of App-based Transport workers (IFAT) lodged a public interest litigation (PIL) in the Supreme Court seeking to be classified as “unorganised workers” or “wage workers” under the Unorganised Workers Social Welfare Security Act, 2008. The denial of social security to gig workers, the PIL has argued, amounts to forced labour and violates their right to life, personal liberty and equality.
Of transport workers’ relationship with outfits like Ola, Uber, Swiggy and Zomato, the petition reads, “the mere fact that their employers call themselves “Aggregators” and enter into the so-called “partnership agreements” does not take away the fact there exists a jural relationship of employer and employee; master and servant and worker within the meaning of all applicable laws. The said contracts are a mere device to disguise the nature of relationship, which is de-jure, and de-facto relationship of employer and worker being a contract of employment.”
Throughout the COVID-19 pandemic, transport workers employed by these new-age startups have come to the aid of thousands, if not millions of Indians forced to shelter in place, and rely on food delivery and transport apps to make do.
However, the last eighteen months have seen a series of protests and strikes orchestrated by gig workers across various metros who have raised complaints concerning dwindling incomes and harsh working conditions. With unemployment reaching record levels in mid-2020, many among India’s workforce turned to operators like Zomato or Swiggy to make ends meet.
However, numerous reports have since done the rounds discussing the unreasonable policies of food delivery and transport apps that come to, allegedly, exploit the transport workers they partner with. For instance, one report found that Zomato pays a paltry Rs 20 per order to its delivery personnel if he is required to travel under four kilometres. Distances beyond that win an additional Rs 5. But delivery personnel are responsible for paying for their own fuel, mobile plans and vehicle maintenance.
A report titled, ‘Fairwork India Ratings 2020: Labour Standards in the Platform Economy’ published in late 2020 brought to the fore the struggle that such gig workers face. The report gave Uber, Swiggy and Zomato a dire one out of 10 in relation to the working conditions for gig workers.
Responding to the report, Zomato founder and CEO Deepinder Goyal took to Twitter to say, “Zomato ranked at the bottom of 2020 Fairwork India scores. We knew we had things to work on, but we didn’t that there is so much room for improvement. All of us here at Zomato take full responsibility for our abysmal scores in this area, and we will leave no stone unturned to perform better in these rankings next year.”
But those appear to be no more than pretty words that have failed to translate into any change in policy. Both Zomato and Swiggy, it is worth noting, have argued that wages for their ‘partners’ had increased by 20 per cent over the course of last year – claims that have been disputed by many of their delivery personnel.
IFAT seems to have been emboldened by a UK ruling earlier this year that found Uber’s drivers to be “workers” since they were “in a position of subordination and dependency in relation to Uber such that they have little or no ability to improve their economic position through professional or entrepreneurial skill.” In March last year, a French court had also arrived at a similar conclusion.
