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Negotiating digitalised workplaces : rights and obligations, India
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Occupational Safety, Health and Working Conditions Code 41 This code establishes uniform standards for worker safety, health, and working conditions across industries like factories, mines, and construction. Section 6(1)(a) of the code requires every employer to ensure that the workplace is free from hazards which may cause injury or occupational disease to employees. Section 6(1)(d) also mandates that employers must provide and main­tain, as far as is reasonably practicable, a working envi­ronment that is safe and without risk to the health of the employees. Further, Section 14(1) states that every employee in an establishment shall have the right to obtain from the employer information relating to em­ployee's health and safety at work and represent to the employer regarding inadequate provision for protection of his safety or health in connection with the work ac­tivity in the workplace, and if not satisfied, to the In­spector under the Act. Section 6(1) Every employer shall,(a) ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the em­ployees,(d) provide and maintain, as far as is rea­sonably practicable, a working environment that is safe and without risk to the health of the em­ployees; Section 14(1) Every employee in an establishment shall have the right to obtain from the employer information relating to employee's health and safety at work and represent to the employer regarding inadequate provision for protection of his safety or health in connection with the work activity in the workplace, and if not satisfied, to the Inspector-cum-Facilitator. Shops and Establishments Laws Most states in India have respective Shops and Estab­lishment Acts which are state-level laws regulating working conditions in shops, commercial establish­ments, restaurants, and service sectors. While the state specific laws may vary, they largely cover working hours, wages, leaves(annual, sick, casual), holidays, safety, and child labour for sectors specified in the re­spective state laws. While these laws were conceptual­Laws governing Platform-based gig work Sincelabour is a subject which is in the concurrent list of the Indian Constitution, both Union and State Governments are empowered to enact labour laws. Unless repealed or in conflict with the four labour codes, all such state legislation will continue to be in force and apply to workers. In addition, several state governments in India have either enacted separate laws to govern platform-based gig workers or are in the process of framing such laws. Compliances under state specific laws governing platform work which contain digital rights for platform workers are listed below. a) Karnataka: The Karnataka Platform Based Gig Workers(Social Security and Welfare) Act, 2025 42 (the Karnataka Act) has not come into force as on the date of completion of this report. The Karnataka Plat­ised at a time when digitalised workplaces were not en­visaged, most of these state specific laws do not explic­itly exclude tele-working arrangements. These laws are applicable to allestablishments andemployees irre­spective of in-person presence. Hence, Unions and workers can rely on their respective Shops and Estab­lishments Laws during their collective bargaining pro­cesses to bargain for better working hours, leaves etc. form based Gig Workers(Social Security and Welfare) Rules, 2025 have been notified by the State Govern ­ment on 19th November 2025, thus bringing the Kar ­nataka Act into force. The Karnataka Act mandates transparency by aggregator platforms in respect of the automated monitoring and decision-making systems that they utilise. As a platform worker in Karnataka, you have the following rights: Your aggregator must inform you, in simple lan­guage and in Kannada, English or any other lan­guage listed in the Eighth Schedule of the Consti­tution of India known to you, regarding the proce­dure to seek information in respect of the automated monitoring and decision-making pa­rameters employed by them, which have an impact on your working conditions, including but not limit­41  https://www.indiacode.nic.in/bitstream/123456789/22041/1/a2020-37.pdf 42  https://prsindia.org/bills/states/the-karnataka-platform-based-gig-workers-social-security-and-welfare-bill-2025 16 Friedrich-Ebert-Stiftung e. V.