Gig Worker Rights India 2026: 90-Day Test, Telangana Act

Gig workers in India have statutory social security rights for the first time. The four Labour Codes came into force on 21 November 2025, the Code on Social Security (Central) Rules, 2026 followed on 8 May 2026, and Telangana has passed a gig worker law of its own. The catch is that nothing is automatic: benefits turn on a 90-day engagement test, and in Hyderabad the state layer is not switched on yet. This guide sets out what gig worker rights India now covers, how the day-count test actually works, what aggregators owe and by when, and the four things a platform worker should do this month.

What changed for gig worker rights in India on 21 November 2025?

On 21 November 2025, India’s four Labour Codes came into force. For the first time, gig workers and platform workers have statutory definitions and sit inside a recognised framework under the Code on Social Security, 2020 (CoSS). To understand how these changes fit into broader workplace updates, read our comprehensive analysis of the new labour codes impact on employees and employers.

The principal statutory mechanism for gig and platform workers resides in Section 114 of the Code on Social Security, 2020. This section empowers the Central Government to frame, notify, and administer targeted social security schemes covering crucial benefits: life and disability cover, accident insurance, health and maternity benefits, old age protection, and creche facilities.

Section 114(4) funds those schemes with a contribution levied on aggregators in the categories listed in the Seventh Schedule to the Code — ride-sharing, food and grocery delivery, logistics, e-marketplaces and professional services providers. The law specifies that an aggregator’s contribution shall be “not exceeding two per cent, but not less than one per cent” of its annual turnover. Furthermore, the total contribution payable by an aggregator is subject to a strict financial ceiling: it cannot exceed 5 per cent of the total amount paid or payable by the aggregator to its gig and platform workers during that financial year.

One nuance matters more than it looks. Section 114 fixes the 1-to-2 per cent band, but the exact percentage still has to be notified by the Central Government. Until a notification names a number for an aggregator category, the levy is a band on paper rather than a rate anyone is paying.

The Central Government notified the Code on Social Security (Central) Rules, 2026 on 8 May 2026, and they took effect on publication in the gazette. These rules set the registration timelines, the digital reporting obligations and the eligibility test that decide who actually receives benefits.

Who qualifies as a gig or platform worker under the Code on Social Security?

Under the statutory framework, a gig worker is defined as a person who performs work or participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship. A platform worker is defined specifically as a worker undertaking platform work—that is, work arranged or executed through an online digital platform that matches service demand with supply.

The Seventh Schedule to the Code categorizes platform aggregators into distinct industry sectors:

• Ride-sharing services: on-demand passenger transport and vehicle booking apps.
• Food and grocery delivery: hyper-local delivery connecting consumers with restaurants and merchants.
• Logistics and courier services: goods movement, parcel dispatch and last-mile freight.
• E-marketplaces: e-commerce platforms for goods and services, wholesale and retail.
• Professional services providers: On-demand technical, tutoring, repair, wellness and other skilled service platforms listed in the Schedule.

The economic scope of this labor force is substantial. According to NITI Aayog’s benchmark report, India’s Booming Gig and Platform Economy (released in June 2022), India had approximately 77 lakh (7.7 million) gig workers in 2020-21, accounting for roughly 2.6 per cent of the non-agricultural workforce. NITI Aayog projects this segment to expand to 2.35 crore (23.5 million) workers by 2029-30, representing nearly 6.7 per cent of the non-agricultural workforce. Skill mapping within the sector reveals that approximately 47 per cent of gig work is medium-skilled, 22 per cent is high-skilled, and 31 per cent is low-skilled, underscoring the broad variety of professionals relying on platform infrastructure.

How does the 90-day test determine your social security eligibility?

The central pillar of benefit qualification under the Code on Social Security (Central) Rules, 2026 is the 90-day test. This rule establishes an objective, trackable threshold that determines whether a gig or platform worker qualifies for state-administered welfare schemes during a given financial year.

Under the 2026 Central Rules, to become eligible for social security benefits, a worker must satisfy one of two engagement criteria in the previous financial year:

• Single-Aggregator Route: The worker must have been engaged for at least 90 days with a single aggregator; OR
• Multi-Aggregator Route: The worker must have been engaged for at least 120 days cumulatively across multiple aggregators.

The rules establish a precise standard for counting working days: if a worker earned any income on a calendar day through an aggregator’s platform, that calendar day counts as one full day of engagement. Hours worked within that day or the quantum of earnings do not reduce the count; generating valid transaction income on a calendar day satisfies the day-count criteria.

However, workers must watch out for the multi-apping trap. Many urban delivery drivers and ride-share captains operate simultaneously across multiple apps—for example, accepting bookings on Swiggy, Zomato, and Uber within the same week. If a worker splits their active working days among multiple platforms without logging 90 distinct days on any single platform, their mandatory threshold automatically rises from 90 days to 120 days across all platforms combined. Multi-apping workers must track their active calendar days systematically to avoid falling short of the 120-day cumulative threshold needed to unlock statutory social security benefits.

What social security benefits and coverages are available to gig workers in 2026?

The schemes framed under Section 114 aim to give gig workers the protections a salaried job carries, without forcing platform work into an employment contract it does not fit.

Section 114 lists the protections that schemes may cover:

• Life and disability cover: compensation to the family on death, and payouts for permanent total or partial disability.
• Accident insurance: medical costs and income replacement for road accidents or injuries sustained while on a job.
• Health and maternity benefits: medical treatment support and maternity assistance for women platform workers.
• Old age protection: pension or annuity schemes for workers leaving platform work.
• Creche facilities: childcare support for working parents on platform schedules.

The health leg is already running. Gig and platform workers and their families are covered under Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), giving up to Rs 5 lakh per family per year of hospitalisation cover at empanelled public and private hospitals.

This is not the same as employee benefits. A gig worker is an independent contractor, not a salaried employee, so the social insurance built for wage earners does not apply automatically. A salaried employee is covered by the ESI scheme and its medical benefits, and builds a retirement corpus through EPF contributions tracked against a UAN. A platform worker gets neither, because both are triggered by an employer-employee relationship that gig work does not create. Instead, gig worker rights India rests on the aggregator contribution and the public welfare funds it feeds.

What specific compliance steps must aggregators take under the 2026 Central Rules?

For aggregators, the Code on Social Security (Central) Rules, 2026 turn intent into dated obligations: automated worker data reporting, and two annual filings.

Key compliance requirements for aggregators include:

1. Mandatory Worker Registration: Aggregators must register every gig worker and platform worker engaged on their digital network onto the government’s designated portal within 45 days of the commencement of the Rules. Aggregators are legally required to keep worker data current through real-time or daily digital application programming interfaces (APIs).

2. Provisional Contribution Deposit (Form-XX): By 30 June of each financial year, every covered aggregator must self-assess its annual turnover, calculate its provisional social security contribution (between 1 and 2 per cent of annual turnover, subject to the 5 per cent worker payout cap), and deposit the funds into the designated central welfare account using Form-XX.

3. Annual Returns Filing (Form-XXI): Following the close of the financial year, aggregators must reconcile their actual turnover, worker payout data, and provisional deposits. The finalized annual return must be formally filed electronically in Form-XXI on or before 31 October.

Failing to register workers, letting the engagement data go stale, or paying late exposes an aggregator to penalties and recovery proceedings under the Code.

How does e-Shram registration work for gig workers and aggregators?

The central infrastructure behind all of this is the national e-Shram portal, developed by the Ministry of Labour and Employment. e-Shram serves as the single centralized database for unorganised, gig, and platform workers across the country.

On 12 December 2024, the Ministry introduced a dedicated Aggregator Module on the e-Shram portal. The module lets platforms onboard, map their active workforce, and link their own worker IDs to national identity records.

For gig workers, self-registration on e-Shram is straightforward:

• Eligibility: Any unorganised or platform worker aged 16 or above can register.
• Required Documentation: An Aadhaar number linked to an active mobile number, plus the other documents prescribed under the Rules. Registration is on self-declaration.
• Identity Verification: Upon completing simple self-declaration forms regarding primary occupation and skill sets, the worker is issued a universal digital identity card containing a unique 12-digit Universal Account Number (UAN).

The UAN stays with the worker. However many platforms they join or leave, their working days and entitlements accumulate under one digital identity.

What does Telangana’s new gig worker law add for Hyderabad workers?

States are legislating on top of the central Code, and Telangana is now one of them.

The Telangana Legislative Assembly passed the Telangana Platform-Based Gig Workers (Registration, Social Security and Welfare) Act, 2026 on 30 March 2026. The bill received the Governor’s official assent on 1 May 2026, followed by formal notification in the state gazette.

The Act sets up three things:

• Telangana Gig and Platform Workers Welfare Board: Headquartered in Hyderabad, this 20-member board is chaired by the State Labour Minister. Its composition includes 9 government officials, 4 gig worker representatives, 4 aggregator business representatives, 2 civil society representatives, and 1 technical expert.
• Per-Transaction Welfare Levy: Unlike the central model which calculates contributions based on annual aggregator turnover, the Telangana Act mandates a dedicated welfare fund fee calculated as 1 to 2 per cent of the payout on EACH INDIVIDUAL TRANSACTION, as notified by the state government.
• State registration and unique IDs: roughly 4.2 lakh gig and platform workers in Telangana are to be registered with the Board, each issued a state unique ID.

The status as of publication matters more here than the Act’s contents:

The Act was gazetted in May 2026 but could not be enforced for want of operational guidelines. The Chief Minister directed the SHAKTI department to finalise them so the Act could be enforced from 15 August 2026. Gig worker unions called an indefinite state-wide strike from 8 August 2026, demanding that the state Rules be notified and the Welfare Board constituted; after assurances from the Labour Minister on 8 August they deferred it by ten days. As of this writing the state Rules have not been confirmed as notified, and the Welfare Board has not been confirmed as constituted. If you work in Hyderabad, check the Board’s status before counting on any state benefit.

How do central social security rules compare with Telangana’s state law?

Two frameworks are arriving at once, and they do not line up.

The double layer is the thing to understand: a gig worker in Hyderabad ends up registered twice — once on the national e-Shram/CoSS portal and once with the Telangana Welfare Board. Similarly, an aggregator business operating in Telangana faces both the central turnover-based contribution (1 to 2 per cent of annual turnover) and the state per-transaction welfare fee (1 to 2 per cent of transaction payouts).

This is not unique to Telangana. Rajasthan legislated in 2023 and Karnataka in 2025, each with its own welfare board and levy, so a platform operating in several states now faces several registers.

The two compared:

Hyderabad is one of India’s fastest-growing platform-work markets, which is why this state layer matters more here than in most cities. Anyone weighing platform work against other flexible options can compare it with current part-time jobs in Hyderabad.

What practical steps should gig workers take right now to protect their rights?

Four things worth doing this month:

1. Register on e-Shram. Verify your mobile number against Aadhaar, complete the profile, and save the digital identity card carrying your Universal Account Number (UAN).

2. Keep your own record of days worked, per platform. Do not rely on the app dashboard alone. Log every calendar day you earned on each platform separately, because the test is counted per aggregator: 90 days on one, or 120 across several.

3. Check that the platform has registered you. Look in your account on each app for confirmation that your profile is mapped to the portal. Under the 2026 Central Rules, aggregators had 45 days from the commencement of the Rules to complete this registration, and must keep it updated as new workers join.

4. Confirm your AB-PMJAY cover. Gig and platform workers and their families are covered under AB-PMJAY for up to Rs 5 lakh per family per year. Check your family’s status on the PMJAY portal and keep the details to hand, so a hospital can verify cover at admission rather than after it.

One caution on earnings. Platform pay sits outside the wage floor that applies to employment, so it is worth knowing what the minimum wage standards in India actually are before treating a per-order rate as equivalent.

Frequently Asked Questions

What is the minimum working period required for a gig worker to get social security in India?

Under the Code on Social Security (Central) Rules, 2026, a worker must complete a minimum of 90 days of engagement with a single aggregator, or at least 120 days cumulatively across multiple aggregators, during the previous financial year. Earning any platform income on a calendar day counts as one full day of engagement toward this requirement.

Do gig workers get EPF and ESI benefits under the new 2026 rules?

No. Standard EPF pension schemes and ESI medical benefits apply strictly to formal wage employees under employment contracts. Gig workers are classified as independent contractors. Instead of EPF or ESI, gig workers receive dedicated social security coverage—including health cover through Ayushman Bharat (Rs 5 lakh per family), accident insurance, life and disability cover, and old-age schemes—funded by statutory aggregator contributions under Section 114 of the Code on Social Security.

How much are aggregators required to contribute toward gig worker social security?

Under Section 114(4) of the Code on Social Security, aggregators must contribute between 1 per cent and 2 per cent of their annual turnover, as notified by the Central Government. This statutory contribution is subject to a ceiling of 5 per cent of the total amount paid or payable by the aggregator to its gig and platform workers in that financial year.

Can a worker who uses multiple delivery or ride apps qualify for social security benefits?

Yes. However, workers who operate across multiple platforms (multi-apping) must meet a higher engagement threshold. Instead of the 90-day requirement for single platforms, multi-app workers must accumulate at least 120 total days of active engagement across all platforms combined during the previous financial year.

Is the Telangana Gig Workers Act fully active and providing benefits today?

As of publication, the Telangana Platform-Based Gig Workers Act, 2026 has been gazetted, but operational rules and the Welfare Board setup are pending final completion. Following union strike notices in August 2026, the state government pledged to finalize rules and operationalize the Board. Workers in Hyderabad should check state Labour Department announcements to confirm when local claims can be processed.

Do small business aggregators have to submit financial filings for gig workers?

Yes. Aggregators operating in the aggregator categories listed in the Seventh Schedule must register their platform workers on the designated portal within 45 days of the Rules commencing. Aggregators must deposit provisional social security contributions using Form-XX by 30 June each year and file their final annual return in Form-XXI by 31 October.

Gig worker rights India is going to keep moving for the next two years, at both the central and the state level. If you are a worker trying to work out what you can claim, or an employer working out what you owe, we track these changes as they land. Join the ePeople India community →