Rajasthan Platform Based Gig Workers Bill, 2023

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Rajasthan Platform Based Gig Workers Bill, 2023

Sudipto

@Sudipto

July 12, 2023

Public Policy

494

Recently, the Rajasthan Government, Labour Department, released a draft The Rajasthan Platform Based Gig Workers (Registration and Welfare) Bill, 2023 (Platform Based Gig Workers Bill) for public consultation. The last date for submission of feedback on the Bill was July 7, 2023. Given this was a very short period for a comprehensive industry consultation, nasscom submitted an interim feedback and sought extension from the Government of Rajasthan for public consultation on the Platform Based Gig Workers Bill till July 31, 2023.

In our interim submission (copy attached), we have highlighted that industry needs time to analyse and understand the impact/technical feasibility of the proposed Central Transaction Information and Management System (CTIMS) vis-à-vis the existing business/transaction systems of platforms. The Platform Based Gig Workers Bill proposes that every payment including its breakup of commission charged, payment made to platform based gig workers, GST deducted, and welfare cess deducted will be recorded on the CTIMS for each transaction related to platform based gig worker.

Further, we submitted that the Central legislation - Code on Social Security, 2020 (COSS) has extensive provisions for the welfare of unorganised workers, like gig workers and platform workers. While both Central Government and State Government are within their rights to make laws on labour matters, due to similar provisions under the Platform Based Gig Workers Bill, the industry needs time to examine the technical feasibility of compliances or any potential conflict) between the respective laws.

For more information or queries on the above, please write to sudipto@nasscom.in, priyanshi@nasscom.in with a copy to policy@nasscom.in.

Below is a summary of the Draft Platform Based Gig Workers Bill.

Applicability

Content and media services; ride sharing services; food and grocery delivery services; logistics services; e-Market place (both marketplace and inventory model) for wholesale/retail sale of goods and/or services Business to Business/Business to Consumer (B2B/B2C); professional services provider; healthcare; travel and hospitality.

Rajasthan Platform Based Gig Workers Welfare Board: The Board will be in the form of a body corporate.

The Board shall be responsible for the administration of this Act.
The Board shall set up a monitoring mechanism to review compliance of provisions of this Act and to certify that welfare cess is being duly deducted.
The Board can formulate welfare schemes for gig workers, can monitor & review their implementation.

Compliance

Every aggregator & primary employer will have to get registered with the Rajasthan Platform based Gig Worker Welfare Board (to be constituted) within 60 days of enforcement of this Act.
Provide the Board with the latest data of all platforms-based gig workers engaged by him within 60 of enforcement of this Act.
Update the Board about any changes, i.e., increase or decrease in numbers of platform-based gig workers in the data provided (above clause) within 1 month of such change.
Deposit the amount of platform-based gig workers welfare cess levied by 5^th day of each calendar month.
Submit monthly return by 5^th day of each calendar month.
The aggregators or primary employers shall provide to the Board its database of all platforms-based gig workers onboarded or registered with them.
All platform-based gig workers onboarded or registered with any platform shall be automatically registered with the Board. Thereafter, the Board will issue a Unique ID.
The Board shall publish the register of aggregators and primary employer on its web portal.

4. Platform based Gig Worker Welfare Cess

The State govt will charge a levy (Platform based Gig Worker Welfare Cess) on aggregators or primary employers to fund the gig workers welfare fund (The Rajasthan Platform Based Gig Workers Social Security and Welfare Fund - to be constituted). Levy will be minimum 1% - max 2 % (yet to be fixed) of the total value of value of each transaction related to platform-based gig worker.

Grievance & appeal

The registered platform gig worker can petition in case of any grievance arising out of entitlements, payments, and other benefits provided under the Act before an office designated by the state govt (can also file petition online through the portal).
The grievance officer can pass a remedial order, including compensation – against the principal employer or aggregator. The arrear of welfare cess will be collected as arrears of land revenue.
Within 90 days, appeal can be filed before the appellate authority.

Central Transaction Information & Management System (CTIMS)

Every payment including its break-up of commission charged, payment made to Platform Based Gig Workers, Goods and Services Tax (GST) deducted and welfare cess deducted will be recorded on the CTIMS for each transaction related to Platform Based Gig Worker. The formats of payment shall be such as may be prescribed.

The details of welfare cess collected and spent at the Platform Based Gig Workers level shall be disclosed and made available for inspection on the CTIMS.

Fine: The Board can impose the following fines:

For primary employer – Maximum INR 10,000 for first contravention, maximum INR 2 lakhs for subsequent contravention.
For aggregator - Fine upto INR 5 lakhs for first contravention, upto INR 50 lakhs for subsequent contraventions.

gig workers Platforms

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Sudipto