Nasscom's feedback on the Draft Jharkhand Platform Based Gig workers Bill, 2024

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Nasscom's feedback on the Draft Jharkhand Platform Based Gig workers Bill, 2024

Sudipto

@Sudipto

July 30, 2024

Public Policy

130

Nasscom submitted its feedback on the draft Jharkhand Platform Based Gig Workers (Registration and Welfare) Bill, 2024 (the Bill). The Jharkhand Bill is substantially similar to the Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill 2024. While the Jharkhand Bill aims to protect welfare and social security of platform gig workers, basis industry consultation, we found several serious concerns. These are highlighted below (please see the attachment below for clause-wise feedback on the Bill):

At a conceptual level, the Bill proposes a parallel structure of social security law for platform gig workers, duplicating the central law – Code on Social Security, 2020 (CoSS). It does not propose a sunset clause-mechanism that will subsume the Bill into the CoSS when the same comes into force.
It proposes a parallel fee structure as the aggregators who would contribute funds under the CoSS (once it is notified), would also contribute funds for similar purposes under this Bill. There are design level concerns. While the Bill states that fee is to be calculated per transaction basis related to gig workers, it is left at the discretion of the executive to determine the percentage. Similarly, the Bill does not put a cap on such percentage which means it can be altered through executive notifications without amendment to the primary law.
It lays down onerous and prescriptive obligations on aggregators like (indicative) minimum notice period for termination, algorithmic disclosures, monitoring and tracking mechanism (Central Transaction Information and Management System) and laying down terms of template contract with platform gig workers along with the power to review such contracts. These obligations are incompatible with the functioning of gig platforms and can adversely impact their operations in the State.
It has serious gaps not only from an industry perspective but also from the gig workers perspective, as it fails to state the end-use of fees/funds collected from aggregators/platforms. The Bill does not contain safeguards to ensure the funds collected from platforms are spent in a time bound manner and only for sponsoring social security schemes designed for gig platform workers in the state of Jharkhand.

In the absence of any meaningful public consultation and market study, we requested the Jharkhand government:

To extend the public consultation period to at least forty-five (45) working days (from the original 15 days) for a meaningful consultation.

To convene an inter-departmental meeting (involving the Department of Labour, Department of Information Technology and e-Governance and Department of Industries). Such meeting should invite participation of platform businesses operating in Jharkhand, industry associations and other relevant stakeholders.

Should you have any queries on the above submission, please write to sudipto@nasscom.in with a copy to policy@nasscom.in.

gig workers jharkhand Platforms

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Sudipto